ScribeSense Terms of Service

 

By checking "I have read and agree to the Terms of Service", you will be bound to the following:

1)         The Terms of Service, including the binding arbitration clause (below)

2)        The Privacy Policy and other rules regarding protection of personally identifiable information; and

3)         The Payment Policy, including cancellation and purchasing policy.

AGREEMENT WITH TERMS OF SERVICE

By accessing or using the services, software, products, or documents on this website ("Website") provided by ScribeSense, Inc. ("Company") you agree to be bound by the terms and conditions set forth in this document ("Terms of Service").

PERSONAL INFORMATION AND PRIVACY

To learn about how the Company protects your personal information refer to the Privacy Policy.

IDENTITY AND CONFIDENTIALITY

You are responsible for maintaining the confidentiality of your login credentials. You agree not to disclose your password to any third party and are responsible for all uses of your password, whether or not actually or expressly authorized by you.

Company agrees to maintain confidential and private personally identifiable information, such as your personal information and (if applicable) your students’ records (“Personal Data”), and not share Personal Data without consent of its owner. Company reserves the right to collect and use aggregate data samples derived from its records (“Data Samples”) in order to provide and improve its service, provided that Data Samples do not uniquely identify record authors.

DATA STORAGE

Your data may be permanently deleted after your account is closed and you do not login for 30 days. It is your responsibility to keep your own archival records (such as printouts or exported data files). If your data exceeds storage limitations you may be asked to delete some data, or the Company may delete some of the data with advance notice. The Company may delete any data that violates the Terms of Service.

TERMS OF SALE

The Company reserves the right to refuse or cancel purchases at any time at its sole discretion. For purchasing, billing and cancellation procedures refer to our Payment Policy.

 
COMPLIANCE WITH REGULATIONS

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

You acknowledge and agree to insure that your continued use of Website satisfies all applicable organizational, labor, data, and privacy policies of your employer.

USER CONTENT

Website allows you to store your information and documents (“User Data”) and share them with others. If you do so, Company does not assume responsibility for any copyright violations arising from your sharing of User Data. Company is also not responsible if users who access User Data fail to protect its confidentiality. BY USING WEBSITE YOU HEREBY IRREVOCABLY GRANT, ASSIGN AND TRANSFER NON-EXCLUSIVE PERPETUAL RIGHT, TITLE AND INTEREST OF ANY KIND IN OWNERSHIP OF USER DATA TO COMPANY.  You hereby waive any and all moral rights to the stored and communicated content.


You agree not to upload to, transmit, distribute, store, create or otherwise publish through Website: (1) content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party, and (2) content that is defamatory, profane, offensive, discriminatory, fraudulent, deceptive or otherwise objectionable.

COMMENTS AND SUBMISSIONS

Company welcomes your comments and suggestions. Anything you submit or communicate to the Company becomes the property of Company and may be quoted and published unless you explicitly request otherwise at the time of submission or communication.

PROHIBITED USE

You agree not to duplicate, publish, modify, or reverse engineer any portion of Website. You agree not to intentionally damage or overburden Website. You agree not to resell use of Website or any portion of it or exploit it for commercial gain.

PROPRIETARY RIGHTS, COPYRIGHTS AND TRADEMARKS

Website content is protected by copyright and/or other intellectual property laws. Any unauthorized use of Website content may violate such laws. Except as expressly provided herein, Company and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the content. Except as specifically permitted herein, no portion of the information or documents on this Website may be reproduced in any form or by any means without the prior written permission of Company. You may not remove any copyright or other proprietary notices contained in the documents, information or products available through this Website.

LIMITATION OF LIABILITY

COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR SOFTWARE, AND IN NO EVENT SHALL COMPANY BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through us; (c) incompatibility with third party software or hardware; (d) claims against you by third parties. YOU ASSUME THE ENTIRE RISK OF USING THE WEBSITE AND THE INTERNET GENERALLY. WEBSITE MAY BE TEMPORARILY UNAVAILABLE AT TIMES FOR MAINTENANCE AND UPGRADES WITHOUT NOTICE. COMPANY MAY CHANGE OR DISCONTINUE ANY ASPECT OF WEBSITE WITHOUT NOTICE, INCLUDING BUT NOT LIMITED TO FEATURES AND BROWSER AND HARDWARE REQUIREMENTS. COMPANY MAY CHANGE FEES; SUCH CHANGES ARE EFFECTIVE IMMEDIATELY UPON NOTICE. BY USING WEBSITE, YOU EXPRESSLY AGREE HEREIN THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM USE OF WEBSITE, INACCURACIES, LOSS OR CORRUPTION OF DATA, UNAUTHORIZED ACCESS, UNAVAILABILITY, INACCESSIBILITY, OR CHANGES TO WEBSITE, AND THAT COMPANY SHALL NOT BE LIABLE FOR ANY CONTENT OR LINKS POSTED OR EMAILED BY YOURSELF OR OTHER USERS. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM COMPANY OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

INDEMNITY

To the full extent allowed by law, you hereby release, indemnify, and hold Company and its officers, directors, employees, shareholders and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Company or any person's use thereof, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF COMPANY, or any violation by you of this Agreement. This obligation shall survive termination of your service with Company.

LINKS TO OTHER WEBSITES

Website may contain links to third-party websites that are not under the control of the Company. When you access a non-Company website, you do so at your own risk and Company is not responsible for the accuracy or reliability of any information or for the quality of any products or services available on such sites.

DISPUTE RESOLUTION

IN THE UNLIKELY EVENT THAT COMPANY IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION in accordance with the Federal Arbitration Act rules OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. The place of arbitration shall be Austin, Texas. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

AMENDMENTS

Company reserves the right to change Terms of Service from time to time at its sole discretion with or without notice. Any revisions are effective immediately once posted on Website. Your continued use of Website shall indicate your acceptance of the revision.

TERMINATION

Company reserves the right to modify or discontinue your access to Website with or without notice. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue your access to Website.

CONTACT

If you have any questions about Terms of Service, Payment Policy, or Privacy Policy, or to report a violation of Terms of Service, please contact Company at legal@scribesense.com.