Terms of Use

Overview

Welcome to ReportStar! We are a cloud based health reporting service that provides our members with reports and information related to the health and operation of their digital video recorders and related appliances ("ReportStar ready devices").

On ReportStar, a reseller/integrator ReportStar account (“Primary Account”) can create and manage many end-user based secondary accounts (“Secondary Account”) together referred to as (“Account”). Primary Accounts and Secondary Accounts contain their own set of user accounts (“Primary Account User” and “Secondary Account User” respectively).

These Terms of Use govern your use of our service. As used in these Terms of Use, "ReportStar service," "our service" or "the service" means the service provided by ReportStar for viewing reports, images, alarm information from ReportStar ready devices, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain ReportStar ready devices, you may need to visit https://www.reportstar.com/Policy/Terms to review these hyperlinked terms.

  1. Acceptance of Terms of Use

    1. These Terms of Use, which include our Privacy Policy (https://www.reportstar.com/Policy/Privacy), govern your use of the ReportStar service. By using, visiting, or browsing the ReportStar service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the ReportStar service.

    2. The ReportStar service is provided by OpenEye, Inc. or one of its affiliated companies.

  2. Changes to Terms of Use

    ReportStar may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

  3. Privacy

    Personally identifying information is subject to our Privacy Policy (https://www.reportstar.com/Policy/Privacy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

  4. Communication Preferences

    By using the ReportStar service, you consent to receiving electronic communications from ReportStar relating to your Account. These communications may involve sending emails to your email address provided during registration, or in the Primary Users and Secondary Users configuration pages and may include notices about your Account (e.g., change in password, confirmation e-mails and other transactional information) and are part of your relationship with ReportStar. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new ReportStar features and content, special offers, promotional announcements and customer surveys via email or other methods. ReportStar’s primary means of communicating information from ReportStar ready devices is by email or text. This information includes status reports, general notices, and alerts. Notifications from ReportStar ready devices are not enabled by default but must be manually enabled by a user account with permissions to do so. Users with such permissions can enable notifications for other user accounts associated to the Primary Account and Secondary Accounts. If you no longer want to receive certain non-transactional communications, simply unsubscribe by using the unsubscribe options on the email. Please review our Privacy Policy (https://www.reportstar.com/Policy/Privacy) for further details on our marketing communications.

  5. Membership, Billing and Cancellation

    1. Communication Preferences

      1. Ongoing Membership

        Your ReportStar membership, will continue month-to-month unless and until you cancel your membership or we terminate it.

      2. Differing Memberships

        We may offer a number of membership plans, with differing options, features, conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

    2. Billing, Cancellation

      1. Price Changes

        Though the ReportStar service is currently offered free of charge, we reserve the right to begin charging for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

      2. Cancellation

        You may cancel your ReportStar membership at any time. To cancel, send an email to support@ReportStar.com letting us know you wish to close your account. We will do our due diligence to verify the request with the primary user contact listed on the Primary Account. If you are a Secondary Account user we will work with the Primary Account to close your account as quickly as possible. If you are the Primary Account holder, after verification we will close the account which in turn will close all Secondary Accounts as a result.

  6. ReportStar Service

    1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the ReportStar service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

    2. We continually update the ReportStar service, including various aspects of our service, including our website, user interfaces, service levels, plans and promotional features. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

    3. You agree to use the ReportStar service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You also agree not to: use any robot, spider, scraper or other automated means to access the ReportStar service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the ReportStar service; insert any code or product or manipulate the content of the ReportStar service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ReportStar service, including any software viruses or any other computer code, files or programs.

    4. ReportStar software is developed by, or for, ReportStar and is designed to enable sending of content from ReportStar ready devices to ReportStar. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the ReportStar service.

    5. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

    6. Some ReportStar ready devices may from time to time stop functioning as intended. If ReportStar deems the non-functioning device to be disruptive to the ReportStar service (such as sending information to ReportStar at an increased rate), we reserve the right to deactivate the device without warning. Deactivated devices will not be removed from the account but will instead be shown as disabled. In such cases, ReportStar will re-enable the devices and periodic intervals to see if the issue has been corrected. The intervals are subject to change based on the number of re-enable attempts.

  7. Passwords & Account Access

    1. Any member who has administrative access to the Primary Account will be considered the Account Owner. The Account Owner has access and control over the ReportStar account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

    2. In order to provide you with ease of access to your account and to help administer the ReportStar service, ReportStar implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the ReportStar website.

    3. Always access your sensitive account information by going directly to the ReportStar website and not through a hyperlink in an email or any other electronic communication, even if it looks official. ReportStar reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.

  8. Disclaimers of Warranties and Limitations on Liability

    1. THE ReportStar SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ReportStar SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ReportStar DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ReportStar SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ReportStar SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ReportStar READY DEVICES, AND ReportStar SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). ReportStar MAY, AT ITS SOLE DISCRETION, DISCONTINUE SERVICE AT ANY TIME AND FOR ANY REASON.

    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ReportStar, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  9. Intellectual Property

    1. Copyright

      The ReportStar service, including all non-device generated content provided on the ReportStar service, is protected by copyright, trade secret or other intellectual property laws and treaties.

    2. Trademarks

      ReportStar is a registered trademark of PCO, Inc.

  10. Governing Law

    1. For all ReportStar members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Washington, U.S.A. without regard to conflict of laws provisions.

    2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

  11. Use of Information Submitted

    ReportStar is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the ReportStar service, including the ReportStar website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ReportStar service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ReportStar and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  12. Customer Support

    To find more information about our service and its features, or if you need assistance with your account, please visit the ReportStar Resources page (https://www.reportstar.com/ResellerResource). If you are a Primary Account user and need further assistance contact technical support (support@ReportStar.com). If you are a Secondary Account user please contact your Primary Account contact for further assistance. ReportStar will refer all Secondary Account Users to the Primary Account.

  13. Survival

    If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Terms of Use (29900AD)