(a) Subscriptions. Access to our Portal and online toolkits requires a subscription (the “Subscription”). Subscription pricing may vary based on term duration and/or team size. Our prices may change from time to time. Any changes in price will not affect a Subscription that you have already purchased. However, changes in price may apply to a subsequent renewal or new Subscription. (b) Renewals. Upon each expiry of your Subscription, it will automatically renew for another term, unless you provide written notice to us at least 7 days prior to the expiry of the current term. To provide us with notice, please contact us as provided in Section 14(k). (c) Cancellations. You may cancel your Subscription for any reason within 14 days from the date of purchase. To cancel a subscription, please contact us as provided in Section 14(k).
4. Log-In Information
You may be required to register for the Services, and be asked to choose a username, password, and provide various information (the “Log-In Information”). You are responsible for safeguarding and maintaining the confidentiality of any such Log-In Information and restricting access to your computer or other Internet-enabled devices from any other person. We are not responsible to you for any loss that you suffer as a result of an unauthorized person using your Log-In Information.
5. Availability of the Services
You acknowledge and agree that we do not provide, and are not responsible for, ensuring the operability of your hardware, software, or any other equipment or technological needs required to access or use any of the Services. You acknowledge and agree that we are not responsible for any charges that you incur through the use of the Portal or Services, including, but not limited to, all data charges.
We cannot guarantee that the Services will be available all of the time, at any given time, or that we will continue to offer all or any of our Services for any particular length of time. Although we strive to provide the most reliable Services possible, interruptions and delays in accessing the Services are unavoidable and we disclaim any liability for damages resulting from such problems. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue any Services in our sole discretion without notice, including for example, ceasing a Service for economic reasons due to a limited number of users, for technical reasons, or to allow us to improve user experience.
6. Using the Services
7. IP Rights
8. Submitted Content and Feedback
(a) License to Submitted Content. By providing Submitted Content through your use of the Services, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform any Submitted Content. You represent and warrant that you have all necessary rights to the Submitted Content, including the right to assign or grant a license to your rights. (b) Feedback. We welcome your feedback regarding our Services. If you wish to provide suggestions, comments, ideas, improvements, or other information or materials to us in connection with the Services and/or the Company Content (collectively, the “Feedback”), you grant us an irrevocable, non-exclusive, perpetual, royalty-free, fully paid right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute and exploit the Feedback in any manner.
9. Electronic Messaging
If you provide an e-mail address or mobile phone number to us, you agree that we may send you communications with information relating to the Services. You may not opt out of receiving certain communications that are necessary for us to provide requested services. However, you may opt out of receiving other types of communications from us by contacting us as provided in Section 14(k), or by clicking “unsubscribe” (as may be applicable). You acknowledge that opting out of receiving certain communications may impact your use of the Services.
10. Third-Party Materials
We may use third-party services and products in order to provide our Services to you. We may also provide links to other websites through our Services (collectively, the third-party services, products and links are known as the “Third-Party Materials”). The Third-Party Materials will be governed by third-party policies, and may provide content and other information from various persons. We are not responsible for the nature, quality, or accuracy of the Third-Party Materials, and we do not investigate or monitor them for quality, accuracy, or completeness. The inclusion of any Third-Party Materials in our Services does not express our endorsement of the Third-Party Materials or any of the content or information expressed therein. Your use of the Third-Party Materials is at your sole risk and liability.
WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF ANY OF THE SERVICES. WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE ANY PORTION OF OUR SERVICES AT ANY TIME, FOR ANY REASON, WITH OR WITHOUT NOTICE.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF UPTIME, QUALITY, NON-INTERRUPTION, NON-INFRINGEMENT, MERCHANTABILITY, ERROR-FREE OPERATION, VIRUS FREE-OPERATION, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF ANY OF THE SERVICES IS AT YOUR SOLE RISK.
WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY APPLICATION THAT CAN BE ACCESSED FROM A LINK THROUGH OUR SERVICES, OR FEATURED IN ANY ADVERTISING ON OUR SERVICES, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH A THIRD PARTY.
THIS SECTION 11 WILL APPLY TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW.
12. Limitation of Liability
WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR ANY OTHER MONETARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE, ANY OF THE SERVICES). THESE LIMITATIONS WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION 12 WILL APPLY TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW.