The following Terms of Use apply when you view or use AllAnswered.com (the "Company") service (the “Service”) via our website located at allanswered.com as well as any other media form, media channel, subdomains, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
ABOUT THE SERVICE
The Service may be offered by the Company itself or by a third party partner/service provider. Unless otherwise stated, these Terms of Use apply to all services offered by or on behalf of the Company.
REGISTRATION
You need to be at least 18 years old to use the Service. If you sign up for the Service, you will create an account which may include a name, an email and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, email, password and/or account. The Company can refuse registration of, access to, or cancel a user account in its discretion, at any time, for reasons such as violation of applicable law, breach of these Terms of Use, force majeure, or any other matter that in the Company's discretion warrants such refusal or cancellation.
If authenticating to the Service using a third party account, you must adhere to the authentication and rights of use setforth by such third party service. You represent and warrant that you have the right and authority to access the Service via your e-mail address or a third party account.
If you access the Service with an e-mail address provided by your employer, you confirm that it is permissible for you to use such e-mail address associated with your employer's domain and that your use of the Service shall be in compliance with your employer's terms and policies, as well as any third party service authentication and rights of use policies. Please refer to your employer or e-mail provider if you have questions regarding their access rights and their data handling practices. The Company cannot control, and cannot assume responsibility for, the practices or restrictions imposed by your employer and/or e-mail provider surrounding your use of the Service.
RESTRICTIONS AND RESPONSIBILITIES
You agree that you will use the Service only in compliance with all applicable laws and regulations and you will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software (except to the extent expressly permitted by the Company or authorized within the Service); use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
CONTENT
You retain ownership rights to the content you submit to or make available on the Service. You are solely responsible for all text, images, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Services (collectively, “User Content”). The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including patent, trademark, trade secret, copyright or other intellectual property rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
· You acknowledge that by providing you with the ability to view and distribute User Content through the Service, the Company is not undertaking any obligation or liability relating to User Content or user activities; and
· You understand that by using the Service, you may be exposed to content that you may consider to be offensive, indecent or objectionable.
The Company may refuse to store, provide, or otherwise maintain User Content for any or no reason. The Company may remove User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. User Content that is deleted may be irretrievable. Under no circumstances will the Company be liable in any way for User Content, including for any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content.
The Company reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from the Company. In the event that you elect not to comply with a request to take down certain Content, the Company reserves the right to directly take down such Content.
LICENSE GRANT
During the Service Term, you will receive a nonexclusive, non-assignable, royalty free, worldwide right to access and use the Service solely for your internal business operations subject to the Terms.
PRICING TERMS
The subscription fees due for your initial subscription term and each renewal term will be calculated based on the then-current pricing and editions denoted on the Company's published pricing page (https://www.allanswered.com/pricing/), unless otherwise agreed to by the parties in the applicable Order or otherwise in a writing which references these Terms. You will be required to provide your contact information and select a method of payment (for example by credit card) to process such recurring payments and any applicable taxes. All fees are committed amounts which are non-cancelable and non-refundable.
MODIFICATION AND TERMINATION OF SERVICES
You acknowledge and agree that the features and nature of the Services may change from time to time without prior notice to you. Examples of changes include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the Site or the Services from time to time will be subject to these Terms, unless stated otherwise.
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that the Company, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that the Company will not be liable to you or any third party for such termination.
You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if the Company terminates your account, the Company will provide you with a reasonable opportunity to retrieve your User Content.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
COPYRIGHT POLICY
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to support@allanswered.com:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
INTELLECTUAL PROPERTY
Except for your User Content, the Company shall own and retain all right, title and interest in and to (a) the Service and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services or support, and (c) all intellectual property rights related to any of the foregoing.
In the event that you submit any ideas, comments, suggestions, proposed modifications or enhancements, or other feedback relating to the Service (collectively, "Feedback"), the Company shall automatically own such Feedback without compensation to you and you hereby assign all rights in such Feedback. For clarity, the Company may use your Feedback for any purpose, and shall own any and all work product or developments created based thereon or related thereto.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (https://www.allanswered.com/info/privacy) which explains how the Services collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
PUBLICITY RIGHTS
You agree to grant the Company the right to include your name and logo as a customer on the Company’s web site and promotional materials. You can opt to have your name excluded from such use by the Company except as agreed to in writing on a case-by-case basis by providing a sufficiently detailed email request regarding the same to support@allanswered.com.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR (II) DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT OR CLAIM. THE FOREGOING PROVISIONS ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
INDEMNITY
You agree to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
These Terms, together with our Privacy Policy and Pricing Terms, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by the Company.