IMPORTANT - READ CAREFULLY: YOUR USE OF COLLABORATION STUDIO B AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.
This Collaboration Studio B Subscription Agreement represents the complete Agreement and understanding between Company and the User and supersedes any other written or oral agreement regarding the Services with the exception of any independent agreement for application development, software development, IT services, business strategy, marketing strategy or any other services between the User and Company. Without notice, Company may modify the terms and conditions contained herein and may discontinue or change the services offered in the event of failure to comply with the provisions of this Agreement.
WHEREAS, the User wishes to subscribe to the Collaboration Studio B Services; and
WHEREAS, Company is interested in offering the User such Services;
WHEREAS, the User and Company mutually desire to set forth the terms applicable to such association;
NOW, THEREFORE, for the mutual consideration set forth herein, the adequacy of which is hereby acknowledged, the User and Company, intending to be legally bound, hereby agree as follows:
SECTION ONE: DEFINITIONS
1.1 - HTML means the series of commands for formatting Web Pages known as Hypertext Markup Language, and shall include any current and future extensions thereto, whether or not the extensions are commonly viewed as "official".
1.2 - Internet means the worldwide network of computers commonly understood to provide some or all of the following features, among others: electronic mail, file transfers through File Transfer Protocol ("FTP"), and World Wide Web access.
1.3 - Secure Site means the part of the User site accessible to a select number of User appointees through a secure login.
1.4 - External Web Site means any Web Page or other material that can be accessed using a Web Browser and that is not part of Company's or the User's Secure Site.
1.5 - Home Page means the first page that displays when accessing a Web Site.
1.6 - Web Browser means software designed to allow interactive access to the World Wide Web (and in some cases to other Internet resources as well)
SECTION TWO: TERMS AND CONDITIONS
This Agreement details the terms and condition under which the User will receive the Collaboration Studio B Services from Company.
2.1 - Scope
Under the terms of this Agreement, the User will be entitled to a web-based platform for the sole purpose of collaborating with other Users as defined in the Services. The contents of the web site should be consistent with the Company's policies and practice and may not include any illegal, infringing, or potentially offending material. Company reserves the right to terminate this Agreement at any time if the content, message, or attitude of the User is deemed controversial or offensive to the public. This decision is made at Company's sole discretion. Company will be free to do so without prior notice and/or explanation. In such case the User agrees that there will be no monetary refund of any prepaid fees for the services. Company reserves the right to change the specifications and layout of the Collaboration Studio B programs and services without prior notice.
2.2 Use of the Services.
Users may have access to the Services under the terms and conditions of this Agreement or other written agreements between the User and Company. The User may not resell, distribute, use on a timeshare or service bureau basis, or otherwise directly generate income from the Services beyond the scope of the explicit subscriptions provided. The User will not modify, make derivative works of, disassemble, decompile, or reverse engineer the Services or any component thereof.
TRIAL USAGE CONDITIONS
2.3 - Pricing
Company reserves the right to review the price structure and apply it to all Users or only to select Users as and when necessary. When such action becomes necessary, a 30-day notice will be given and any price adjustments will be applicable at the start of a User's next billing period. All prices quoted are in U.S. dollars. A separate agreement is needed for Users outside the U.S. The User will pay a subscription fee based on the option selected at signup or as later modified. The User will provide and maintain a current credit card on file with the Company. The User authorizes the automatic payments for Services on this credit card. The fees charged will be based on the Services and Plans selected as of the billing date. For the latest fees, please always refer to our website. Fees and pricing recited here apply only to the Services and not to any separate agreements with the User.
2.4 - Advertising
The Collaboration Studio B Site pages and emails sent from Quest Technology Group or Collaboration Studio B may contain advertising. This advertising is controlled by Company according to Company's acceptance guidelines.
2.5 - Agreement Period and Renewal
This Agreement will be valid for the subscription period and will automatically be renewed provided all fees are paid on or before the due date including fees related to any separate agreements with the User.
SECTION THREE: RIGHTS AND LIABILITIES
3.1 - Limitation of Liability
It is expressly agreed that Company's maximum liability for damages hereunder, regardless of the form or basis of legal action, whether in contract, warranty or tort, shall in no event exceed the actual subscription payment received by Company for the services pursuant to this Agreement for 12 months or such lesser prorated amount if fewer than 12 months have elapsed since the effective date.
3.2 - Service Availability and Response Time
WARRANTY DISCLAIMER. THE USER UNDERSTANDS AND AGREES THAT THE SERVICES, AND ANY ASSOCIATED SOFTWARE, ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY USER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE USER'S SOLE RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER, THE SITE, AND ANY LINKED SITES RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE.
3.3 - Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, ASSOCIATES, OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, INTERRUPTION, LOSS OF INFORMATION OR DATA, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE SITE, OR ASSOCIATED SOFTWARE, WHETHER ARISING IN TORT (WARRANTY), CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR, IF REASONABLY FORESEEABLE, INCURRED BY THE USER OR CLAIMED AGAINST THE USER BY ANY OTHER PARTY, NOR SHALL COMPANY BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM AN EVENT OF FORCE MAJEURE. IN ANY CASE, COMPANY'S MAXIMUM CUMULATIVE LIABILITY AND THE SUBSCRIBING ORGANIZATION'S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SUBSCRIPTION SERVICES (EXCLUDING ANY PER USE OR PROFESSIONAL SERVICE FEES) DURING THE TERM OF THIS AGREEMENT BUT NOT TO EXCEED 12 MONTHS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
3.4 - Ownership Rights
The Services, this Website, the technical architecture design and all Content, and all trademarks, including but not limited to all material distributed or presented to the User through the Services by Quest Technology Group, the Collaboration Studio B or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of Company or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Company through this Website, in writing, by e-mail or otherwise to Company will be the property of Company and Company will have all rights therein without any obligation to compensate the User. All information uploaded by the User will remain the sole property of the User or any party with rights therein. Any rights not expressly granted herein are reserved. All materials published by Company and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks, and trademarks, and information contained on any Linked Sites (collectively, the "Content") are the property of or controlled by Company or the party credited as the provider of the Content. The User will respect all proprietary rights of Company and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained therefrom.
3.5 - Assignment.
The User may not assign or delegate its obligations under this Agreement either in whole or in part, without the prior written consent of Company.
3.6 - Governing Law
This Agreement shall be governed by the laws of the State of Florida. To the extent court action is permitted hereunder, the User shall submit to the personal and exclusive jurisdictions of the courts located within in Orange County, Florida and waiver any objection as to venue or inconvenient forum.
3.7 - Representations of User
By registering and accepting these Terms, the User, hereby represents and warrants to Company that:
a) He or she has the authority and legal capacity to register and accept these Terms, and/or to register and accept the same on his/her own behalf and to be bound thereby;
b) the User will regularly review these Terms, and in the event of any change, the User's failure to promptly discontinue use of the Services and Site as provided in this Agreement will acceptance of these Terms by the User, on its own to accept and be bound by such changes.
3.8 - Privacy
3.9 - INFORMATION
All trademarks, service marks, and logos used in this Website are the property of their respective owners. All contents of this website are the property of Company. Copyright © 1991-2020 Quest Technology Group, LLC. All Rights Reserved.
Company may display its trademark and taglines on the website free and clear of any impediment imposed by the User for advertising and promotional reasons.