Legal

• Privacy Policy
  
  
• Terms and Conditions
  
  
• Copy of NDA

Terms and Conditions

Privacy Policy

accufRATE is strongly committed to protecting the privacy of those who entrust us with their business or personal information. We have created this privacy policy to show our commitment to and our concern for your privacy. This policy applies to the collection, use, and disclosure of information that may be collected from users of this site. By using this site you affirmatively consent to the provisions herein.

When you visit our site, we may collect certain non-personally identifiable information, such as the type of browser you use (e.g., Safari, Internet Explorer, Firefox), the type of operating system you use (e.g., Windows 2000, Mac OS), and the domain name of your internet service provider (e.g., America Online, Earthlink). We may also use your IP address to help diagnose problems with our server, to administer our web site, and to gather data about repeat users, and broad demographic information. When users sign up for updates or request information about our services, we collect certain contact information, such as user email address. In addition, when users choose to purchase our services, we collect shipping, billing and payment information. Some of the extra services we offer, such as the Web-based tools we offer to our business customers (e.g., tracking, rate quotes, e-bill of lading, and other e-business interface services), require users to complete a registration form. This registration form requests certain contact information, such as:

    • Name
    • Job title
    • Company name
    • Company address
    • Work phone number
    • Email address
    • Business location information

We may use the services of agents or contractors to assist us in providing our services to you. Such third parties who have access to personally identifiable information are required to protect such information in a manner that is consistent with this privacy policy by, for example, not using the information for any purpose other than to carry out the services they are performing for us.

Online Surveys/Information Updates

We occasionally use online surveys. Our online surveys ask visitors for contact information (such as their email addresses) and information about use of and interest in our services. A visitor’s contact information may be used to contact them when necessary. We also periodically send informational and promotional updates to our registered users regarding accufRATE services.

Information Sharing

Registered users may elect to allow accufRATE to, share personally identifiable information with unrelated third parties (e.g., marketers) to enable them to provide opportunities to learn of services in which they may be interested. Please see the "Your Choices" section below for more information on how you can express your preferences regarding our sharing of information.

We may also disclose personally identifiable information in the following instances:

Legal Action: We may disclose information about our users, including personally identifiable information, when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our website or applicable laws, or to protect against misuse or unauthorized use of our website. We may disclose user information whenever we believe disclosure is necessary to limit our legal liability, to protect or defend our rights or property, or protect the safety, rights, or property of our users.

Corporate Change: We may transfer rights to, or otherwise disclose user information, including personally identifiable information, in the event accufRATE becomes party to a completed corporate merger, consolidation, asset sale, or other corporate change or combination of assets involving us. In addition, we may disclose anonymous, aggregated user statistics to third parties for a variety of purposes (e.g., how many individuals visited certain areas of our website, how many men or women receive our newsletter, other demographic data about users of our products or services).

Your Choices

With your consent, as provided in the user registration process, we may use the personally identifiable information we collect from you to offer you services that may be of interest to you. If you would like to opt out of future promotional materials from us, you may indicate this preference by following the "unsubscribe" instructions at the end of any email communications or by logging into your account and changing your preferences accordingly. Please note that if you opt out of promotional messages, we will still continue to send you important account-related information.

As also noted above, with your consent we may, from time to time, share personally identifiable information with companies directly hired by accufRATE for specific accufRATE related purposes whose practices are not covered by this privacy notice (e.g., other marketers). To request that we not share your information for such marketing purposes, you may log into your profile and change your account preferences accordingly or email us at info@accufrate.com.

Cookies

To ease your use of our site, many of our web pages use the common practice of using "cookies." Cookies are text files placed in your computer's browser to store your preferences. We may use cookies to understand site usage and to improve the content and offerings on our site. We also may use cookies to offer you products, programs, or services. Enabling cookies on your browser is not required to use our site but will assist you with using its various functions and tools, such as recognizing your name or password when you return to the site.

Review/Update

Users may review and/or update information they have previously provided us via our website by emailing us at info@accufrate.com or using our change form, found under the "Update Profile" tab in the Registration menu on the main page of the website.

Links to Other Sites

Our site may contain links to other sites whose information practices may be different from ours. You should consult the privacy notices found on any site you visit through a link on our website, as we do not control information that is submitted to, or collected by, third parties.

Contacting the Web Site

If you have any questions about this privacy policy, the practices of this site, or your dealings with this web site, please contact:

accufRATE Internet Team
P.O. Box xxxxxx
Stevenson Ranch CA. 91381

International Visitors

Information we collect will be transferred to, and processed in the United States, if it is not already being processed there, which iswhere our central database is operated. Though U.S. privacy laws may not be as comprehensive as similar laws found in the European Union and elsewhere, please be assured that we take reasonable steps to ensure your privacy is protected. By providing us with your personally identifiable information, you consent to its use in accordance with this privacy policy, including the transfer of your personally identifiable information to our computer systems in the United States.

Updates

From time to time, we may update this privacy policy. We may notify you of material changes to our privacy policy by placing a notice on our web site, but please check it regularly for any changes. Please check this policy periodically to learn what information we collect, how we use it, and with whom we share it.

Copy of NDA

By using this site you (“Recipient”) affirmatively consent and agree, to treat all information that you receive concerning our operations, methodology and practices confidential (hereinafter “Agreement”) and specifically agree to the following:

1. For purposes of this Agreement, Confidential Information shall mean any information disclosed by the Company to Recipient including, without limitation, the Software, Documentation, and the methodology by which it obtains fast quotes. Recipient acknowledge that Recipient will receive Confidential Information, ideas, concepts, proprietary information, and trade secrets (“Confidential Information”) from Company in the course of interacting with Company. Confidential Information includes all information Recipient receives from Company, except anything designated as not confidential. During the period this Agreement is in effect, and it shall be in effect for a period of three (3) years after Recipient uses this site, and at all times afterwards, Recipient its employees, contractors, consultants, and agents, will: 1) safeguard the Company’s Confidential Information with the same degree of care that you uses to protect its own confidential information; 2) maintain the confidentiality of this information; 3) not use such information except as permitted under this Agreement; and 4) not disseminate, disclose, sell, publish, or otherwise make available this information to any third party without the prior written consent of the Company. All Confidential Information and derivations thereof shall remain the sole and exclusive property of the Company and no license or other right to such Confidential Information is granted or implied hereby.

2. This Agreement does not apply to any information that: 1) is or becomes generally available to the public through no fault of Recipient; 2) is disclosed to Recipient party by a third party who may transfer or disclose such information without restriction; 3) is required to be disclosed by the Recipient as a matter of law (provided that the receiving party will use all reasonable efforts to provide the Company with ten (10) days prior written notice of such disclosure and to obtain a protective order); and 4) is disclosed by Recipient with the Company’s approval. In all cases, the Recipient will use all reasonable efforts to give the Company at least ten (10) days’ prior written notice of any disclosure of information under this Agreement.

3. Except as has been specifically authorized by the Company in writing, the Recipient shall not reproduce, use, distribute, disclose or otherwise disseminate the Confidential Information and shall not take any action causing, or fail to take any reasonable action necessary to prevent, any Confidential Information disclosed to the Recipient to lose its character as Confidential Information. The Recipient shall use the Confidential Information solely for the purpose of evaluating a potential, or maintaining a business relationship between the Recipient and the Company. The Recipient shall use the same level of care in safeguarding the Confidential Information against any and all loss, theft or other inadvertent disclosure the Recipient uses in safeguarding its own most confidential information, but in any case no less than a reasonable degree of care. Upon request by the Company, the Recipient shall promptly deliver to the Company or destroy all Confidential Information and all embodiments thereof then in its custody, control or possession and shall deliver within five days after such termination or request a written statement to the Company certifying to such action. Also, if the Recipient has prepared analyses, compilations, studies or other documents containing Confidential Information, then such analyses, compilations, studies or other documents shall be owned solely by the Company and treated as the Confidential Information of the Company hereunder. In the event that the Recipient or any person to whom the Recipient transmits the Confidential Information pursuant to this Agreement is compelled to disclose any Confidential Information in response to a valid order from a court or other governmental body, the Recipient shall be allowed to make such disclosure without violation of this Agreement; provided, however, that the Recipient shall promptly notify the Company, use reasonable efforts to limit disclosure and obtain confidential treatment or a protective order of the Confidential Information so disclosed, and provide sufficient written notice of at least ten (10) days to the Company to participate in any proceedings related thereto.

4. The Recipient shall limit access to Confidential Information to those employees or other authorized representatives of the Recipient who need to know such Confidential Information for the purpose of evaluating a possible business relationship between the Recipient and the Company. The Recipient shall inform such employees or authorized representatives of the confidential nature of Confidential Information and shall take all necessary steps to ensure that the terms of this Agreement are not violated by such persons.

5. Recipient hereby agrees that it shall not disclose any Confidential Information to anyone. Such a disclosure of the Software and Documentation, or any methods utilized to develop same will have a devastating effect upon Company. Furthermore, Recipient will take no action whatsoever to either directly or indirectly circumvent the Company and attempt to market, promote, develop or benefit from the Confidential Information. Except as has been specifically authorized by the Company in writing, the Recipient shall not reproduce, use, distribute, disclose or otherwise disseminate the Confidential Information and shall not take any action causing, or fail to take any action reasonably necessary to prevent, any Confidential Information disclosed to the Recipient to lose its character as Confidential Information. The Recipient shall use the same level of care in safeguarding the Confidential Information against any and all loss, theft or other inadvertent disclosure the Recipient uses in safeguarding its own most confidential information, but in any case no less than a reasonable degree of care. Upon request by the Company, the Recipient shall promptly deliver to the Company or destroy all Confidential Information and all embodiments thereof then in its custody, control or possession and shall deliver within five days after such termination or request a written statement to the Company certifying to such action. Also, if the Recipient has prepared any source, object, or executable code, or other documents containing Confidential Information, then such source, object, or executable code, or other documents shall be owned solely by the Company and treated as the Confidential Information of the Company hereunder. In the event that the Recipient or any person to whom the Recipient transmits the Confidential Information pursuant to this Agreement is compelled to disclose any Confidential Information in response to a valid order from a court or other governmental body, the Recipient shall be allowed to make such disclosure without violation of this Agreement; provided, however, that the Recipient shall first promptly notify the Company at least ten (10) days in writing, and use reasonable efforts to limit disclosure and obtain confidential treatment or a protective order of the Confidential Information so disclosed, and provide sufficient written notice to the Company to participate in any proceedings related thereto.

6. Recipient acknowledges that any breach of this Agreement by Recipient will irreparably harm the Company. Accordingly, in the event of a breach by Recipient the Company shall be entitled to promptly seek injunctive relief in addition to any other remedies that it may have at law or in equity. Moreover, the Parties agree that actual damages may be difficult if not impossible to calculate, and that Company shall be entitled to liquidated damages in an amount of no less than One Million Dollars ($1,000,000) from Recipient for each such breach. The Parties agree that this sum is a reasonable figure in light of the difficulty of calculating damages for breach, and is not disproportionate to the actual damages that would be caused by such a breach.

7. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and the Parties hereby agree that the only appropriate venue for any dispute shall be in the county of Los Angeles, State of California.

8. In the event of any dispute between the Parties arising out of this Agreement, the dispute shall be resolved by arbitration under the rules of JAMS, formerly known as Judicial Arbitration and Mediation, Services, by an arbitrator agreed upon in writing by the Parties. In the event the Parties cannot agree upon the choice of an arbitrator, each party shall appoint one individual arbitrator from JAMS, whose sole function shall then be to appoint a separate, sole arbitrator from JAMS who alone shall resolve the dispute by arbitration.