Modification of Terms. We reserve the right to update or modify the Terms from time to time without notice. Changes take effect when posted by us on the Website(s) or via the Extensis Resources. Your continued use of the Services following the posting of any changes to the Terms means you accept those changes. If we intend to apply the changes retroactively to the Terms, we will provide you with notice of such retroactive changes. It is your responsibility to be aware of and abide by the most current version of the Terms on the Website(s) or via the Extensis Resources. If you have any questions, please send your questions to email@example.com.
Electronic Communications. When you visit the Services or send emails to us, you are communicating with us electronically and agree to receive communications from us electronically. We will communicate with you via email or by posting notices on the Website(s) or via the Extensis Resources. You agree that all electronic communications we send to you or post on the Website(s) or via the Extensis Resources satisfy any legal requirement that such communications be in writing.
Ownership. You acknowledge and agree that we retain all ownership right, title to and/or interest in any and all intellectual property and other proprietary rights in the Services, including but not limited to, all information, equipment, products, software, documentation, tools, devices, materials, programs and services utilized by us in connection with the Services. In addition, you acknowledge our ownership rights in and to our trade names, trademarks, service marks, logos and domain names. You may not copy, reproduce, modify, publish, create derivative works, transfer, transmit or distribute any of our intellectual property or proprietary rights in the Services and you acknowledge that we do not grant you any rights under any patents, copyrights, trademarks or trade secret information.
Extensis Software and Services. Any Extensis software made available for download from the Services is the copyrighted work of Extensis or our licensors. Our software is governed by the end user license agreement which accompanies the software and you must agree to the terms of such end user license agreement if you wish to download and use the software. Our software is comprised of “commercial items”, “commercial computer software” and “commercial computer software documentation” as defined in FAR 2.101, DFAR 252.227-7014(a)(1) and DFAR 252.227-7014(a)(5). Consistent with DFAR 227.7202 and FAR 12.212, any use, reproduction, display, or disclosure by the US Government shall be governed solely by the terms of the end user license agreement.
Account Information. We offer free accounts to all extensis.com visitors so that you may access and use certain Services. In order to establish an account, you are requested to provide both personal information and preferences. This information is stored and protected by email and password, and access to your account information always requires both your email and password. As part of your account, you promise to: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and restrict any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
User Content. The Services may also contain user submitted content. We do not review, monitor, screen, approve, recommend or endorse any such content. In no event will we be responsible or liable for any user content, including, but not limited to, any errors or omissions, or damages of any kind. You agree that you will evaluate and that you bear all risks associated with the use of any user content, including any reliance on the accuracy, completeness, or usefulness of such content. You further agree that you are solely responsible for any content that you may transmit or post to the Services and that such content shall be considered non-confidential and non-proprietary information. By posting, storing, or transmitting any content on or to the Services, you represent that you have all appropriate rights and licenses to the content and you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to copy, publicly perform, publicly display, distribute, broadcast and supply the content. Without limiting the foregoing, we will have the right to remove any user content that violates the Terms.
Links. The Services may provide links to third party web sites. These links are provided for user convenience only and we do not endorse these third parties or their products and services. We do not control these third parties or their web sites and we are not responsible for the content of any linked site or any link contained in a linked site. We are also not responsible for your access to and/or use of these third party sites. We reserve the right to terminate any link at any time for any reason. If you access any of the third party web sites linked to the Services, you do so entirely at your own risk.
Prohibited Conduct. While using the Services, you agree that you will not:
Right to Restrict or Terminate Access. We reserve the right, with or without notice, to restrict, modify, suspend or terminate your access to the Services if we determine that your use (i) presents a security risk or will interfere with the proper continued operation of the Services; (ii) may violate applicable laws or governmental regulations , including without limitation consumer protection, securities regulation, child pornography, data privacy, data transfer and telecommunications laws; (iii) may violate or infringe any intellectual property right of any party; (iv) may violate export control regulations of the United States or other applicable countries; (v) is subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop; or (vi) may violate any of the Terms. We will also disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request. If your access to the Services is restricted or terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. The Terms will survive indefinitely unless and until we choose to terminate it, regardless of whether you have the right to access or use the Services.
Indemnity and Hold Harmless. You agree that we are not responsible for other users’ actions or inactions, including things they post. We have no control over and do not guarantee the quality, safety, legality or the truth or accuracy of any content posted by any user. If you have a dispute with one or more users, you release us (and our officers, directors, agents and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will indemnify and hold us (and our officers, directors, agents and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your content, your breach of the Terms, or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS ONLY. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER MATERIALS CONTAINED WITHIN THE SERVICES. WE DO NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE SERVICES. WE DO NOT GUARANTEE THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF DATA, USE, PROFIT OR REVENUE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, RESTRICTION OR TERMINATION IN CONNECTION WITH THE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE OR ANY OTHER BASIS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Domestic Use; Export Restriction. User access to the Services is governed by all applicable federal, state and local laws. Information available on the Services is also subject to applicable U.S. export control laws and may also be subject to the laws of the country in which you reside. We make no representation that the Services or information available from the Services are appropriate or available for use in other locations. Users who access the Services from outside the United States of America do so on their own initiative and are responsible for compliance with all applicable local laws.
Notices and Procedure for Making Claims of Copyright Infringement. We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act. Inquiries or allegations that are not in compliance with the procedure below may not receive a response. If you believe that any content or material on the Services infringe your copyrighted material, you must notify our designated agent of such claim at:
Celartem, Inc., d.b.a. Extensis
1800 SW First Avenue, Suite 500
Portland, OR 97201
Attention: Extensis Copyright Agent
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
General. The Terms governs your access to and use of the Services. The Terms and any and all disputes in connection with the Terms shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. We have the right to assign the rights hereunder to a parent company or a surviving entity in connection with any merger, acquisition or consolidation.
Contact Information. If you have any questions about the Terms or the Services, please send your questions to firstname.lastname@example.org.
Copyright © 2016 Celartem, Inc. All rights reserved. Celartem, Inc., doing business as Extensis, 1800 SW First Avenue, Suite 500, Portland, OR 97201, U.S.A.