TERMS OF SERVICE AGREEMENT
- PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE ANSWER DESK SERVICE ("SERVICE").
- This AnswerDesk Soft, LLC ("COMPANY") AGREEMENT constitutes a legally binding agreement between you or the business and/or entity which you represent ("You") and COMPANY for all services and features offered by the SERVICE.
- By using the SERVICE, you acknowledge that you have read this AGREEMENT and you agree to be bound by its terms and conditions. If you are representing a business and/or entity, you acknowledge that you have the legal authority to bind the business and/or entity you are representing to all the terms and conditions of this AGREEMENT.
ACCEPTANCE OF THE TERMS
- You warrant that you are 18 years of age or older to legally accept this AGREEMENT. You may not use or evaluate the SERVICE until you have read and accepted all the terms of this AGREEMENT.
GRANT OF LICENSE
- Subject to all the terms and conditions of this AGREEMENT, COMPANY grants You a limited, non-exclusive, non-transferable, revocable license to access and use the SERVICE.
ACCESS TO THE SERVICE
- You may connect to the SERVICE using any supported internet browser. You are responsible at your own expense to acquire access to the internet, either directly or through devices that access web-based content, and to pay any service fees associated with such access. In addition, you agree to provide all equipment necessary to make such connection to the internet, including a computer and modem or other access device.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
- You may not reverse engineer, decompile, create derivative works or disassemble the SERVICE or any part thereof. If the SERVICE is used by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any COMPANY intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, national and international law.
- A single username and password combination may not be used to access the SERVICE concurrently through more than one computer or device. In addition, You may log into the SERVICE from only one location at any given time – concurrent usage through multiple computers or devices under a single username is prohibited.
RESTRICTIONS ON USE
- In addition to all other terms and conditions of this AGREEMENT, you shall not:
- make the SERVICE available to any third party by means of renting, leasing or lending the SERVICE;
- provide any derivative services based on the SERVICE without prior written permission from COMPANY;
- use the third party links to sites without agreeing to their website terms & conditions;
- post links to third party sites or use their logo, business name, etc. without their prior written permission;
- publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
- use the SERVICE in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of the SERVICE;
- violate any applicable local, state, national or international law;
- create a false identity to mislead any person as to the identity or origin of any communication;
- attempt to access any of SERVICE’s systems, programs or data that are not made available for public use by COMPANY.
- You are prohibited from violating or attempting to violate the security of the SERVICE, including, without limitation:
- accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
SERVICE MODIFICATIONS, DISCONTINUANCE OR FAILURE
- COMPANY may specify from time to time the version(s) of related products required in order to use the SERVICE (including, but not limited to, supported browser versions).
- COMPANY reserves the right to modify the SERVICE (or any part thereof), at any time. Should COMPANY choose to permanently discontinue the Service, it will send notification to your registered e-mail address at least sixty (60) days prior to such discontinuance and will post notification of this decision on the SERVICE web site at least thirty (30) days prior to such discontinuance. In such instance, you will be responsible for retrieving your data from the SERVICE during that sixty (60) days period.
- Notwithstanding the foregoing, you acknowledge and agree that COMPANY, in its sole discretion, may suspend or terminate your account and/or deny you access to all or part of the SERVICE, without prior notice and for any reason, including if you engage in any conduct that COMPANY believes: (a) violates the letter or spirit of any term or provision of the AGREEMENT, (b) violates the rights of COMPANY or third parties, or (c) is otherwise inappropriate for continued access and use of the SERVICE.
- You agree that COMPANY has no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any projects or any of their associated resources saved in or maintained by the SERVICE.
- You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SERVICE, any resulting loss or destruction of any content that you place on the SERVICE.
DISCLAIMER OF WARRANTY
- COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SERVICE. THE SERVICE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. No oral or written information or advice given by COMPANY or its employees shall create a warranty or in any way increase the scope of this warranty.
LIMITATIONS ON LIABILITY
- To the maximum extent permitted by applicable law, in no event shall COMPANY be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SERVICE even if COMPANY has been advised of the possibility of such damages.
- You assume full and sole responsibility for any use of the SERVICE, and bear the entire risk for failures or faults within the SERVICE. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND COMPANY’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PRICE PAID TO COMPANY FOR THE SERVICE. This Limited Warranty is void if failure of the SERVICE has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SERVICE.
- You hereby agree to indemnify COMPANY and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney's fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this AGREEMENT by you or any claims based on your use of the SERVICE, including without limitation any claims asserted by your end user customers.
- COMPANY reserves the right to modify the terms of this AGREEMENT (or any part thereof).
- If COMPANY modifies any terms, the updated document will be posted to the SERVICE web site. COMPANY may, at its discretion, notify You via e-mail that such posting has been made. Your continued use of the SERVICE shall constitute your acceptance of the AGREEMENT with modified terms. If you do not agree to any of such changes, immediately cease all access and use of the SERVICE.
PRIVACY, PERSONAL INFORMATION AND CONFIDENTIALITY
- All Information COMPANY collects from You is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. COMPANY does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. COMPANY does not disclose purchase information or licensing information to third parties.
- COMPANY collects personally identifiable information whenever You purchase/license a COMPANY product or service. Information includes Name, Address, Phone Number, Email address, Payment Information, Product Purchases, Licenses Owned, Employee/Contact Details, etc. The information we collect allows COMPANY to communicate with You regarding upcoming product updates, new product releases, relevant news and other important business matters.
- COMPANY does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from You through the SERVICE. Any and all materials, attachments, or information submitted by You, divulged during chats, online discussions, Support Center submissions, or made available to COMPANY in any manner will be deemed NOT to be confidential by COMPANY. You acknowledge that submissions to COMPANY will not be considered confidential or proprietary and that COMPANY will be under no obligation to keep such information confidential.
- Your election to use the SERVICE indicates your acceptance of the terms of this AGREEMENT. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform COMPANY immediately of any unauthorized use of your user account by any method listed on the SERVICE website’s Contacts page. COMPANY is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
YOUR RESPONSIBILITY FOR END USER CUSTOMERS
- You are fully responsible for all interactions with your end user customers ("End Users"), and use of the SERVICE by End Users. In this regard, you are fully responsible for and agree to provide any notifications required to be provided to End Users and any consents required from End Users with respect to their use of the SERVICE, and the collection and privacy of personal information and other data collected from or transmitted by End Users using the SERVICE.
- COMPANY respects your right to ownership of content created by You. Unless specifically permitted by You, your use of the SERVICE does not grant COMPANY the license to use, reproduce, adapt, modify, publish or distribute the content created by You. You grant COMPANY permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as required for the purpose of providing the SERVICE to you.
- COMPANY may provide sample applications for the purpose of demonstrating the possibility of using the SERVICE effectively for specific purposes. The information contained in any such sample applications will consist of random or generic data. COMPANY makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
- All title and copyrights in and to the SERVICE (including but not limited to any COMPANY trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SERVICE, the accompanying printed materials are owned by COMPANY or its subsidiaries.
- The SERVICE is protected by copyright laws and international treaty provisions and therefore, you must treat the SERVICE like any other copyrighted material except that you may use the SERVICE as described in this AGREEMENT.
- COMPANY expressly complies with all export restrictions imposed by the government of the United States of America. You, must agree not to use the SERVICE in conjunction with products, projects, or services that may be exported or re-exported to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
- COMPANY may provide you with support services related to the SERVICE ("Support Services"). Use of Support Services is governed by COMPANY policies and programs described in the "on line" documentation and/or other COMPANY provided materials. Any supplemental products, services or resources provided to you as part of the Support Services shall be considered part of the SERVICE and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to COMPANY as part of the Support Services, COMPANY may use such information for its business purposes, including for SERVICE support and development, unless the information is noted as confidential.
- Any questions relating to the AGREEMENT which are not expressly or implicitly settled by the provisions contained in the AGREEMENT shall be governed by and construed in accordance with the laws of the Russian Federation, without giving effect to any principles of conflicts of law. Any dispute arising out of the interpretation or application of the terms of this AGREEMENT or any breach thereof shall, unless settled by negotiations, be settled in the courts of the place of registration of COMPANY.
- COMPANY reserves all rights not specifically granted in this AGREEMENT.
- YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT UPON ACCESSING AND/OR USING OF THE SERVICE.