Last revised January 9, 2018
Welcome to Office Insight’s website and thank you for your interest in our products and services (“Services”). The Services are provided by Officeinsight, LLC, located at 2813 Singletree Cove Cedar Hill, TX 75104 (“Officeinsight”).
- User Accounts. To access certain features of the Site, you must create a user account (“Account”). You agree to promptly update all Account information to keep it true, accurate, and complete. You are responsible for all activities that occur under your Account, user name, and password and therefore you agree to keep your password confidential. It is your responsibility to inform Officeinsight if there are any changes to such information. Officeinsight reserves the right to require you to alter your user name and/or password if you believe that your password is no longer secure or as part of regular maintenance and upgrades to the Site. You agree to defend, indemnify and hold Officeinsight harmless from and against any claims, liabilities or expenses arising out of any such use of the Services. You agree not to: (a) provide any false information as part of your Account information; (b) create an Account for anyone other than yourself (except for those instances when you are creating the Account on behalf of an entity you may represent and bind to the terms of this Agreement); (c) create or use more than one Account; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons’ Accounts.
- User Content. By posting or submitting content to the Site (“User Content”), you grant Officeinsight an irrevocable, non-exclusive, royalty-free and paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use your User Content in any manner and for any purpose associated with Officeinsight’s operations. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content does not infringe, misappropriate, or violate any third-party rights (including intellectual property rights). You are solely responsible for and assume all risk associated with your User Content.
User Guidelines. You represent, warrant, and agree to the following in your access and use of the Site:
- you will comply with all laws, including intellectual property and privacy laws;
- you will not submit for post inappropriate, inaccurate, or objectionable content to the Site;
- you will not bully, harass, or advocate harassment of another user or person;
- you will not solicit any personally identifiable information or passwords for commercial or unlawful purposes from other users;
- you will not post content that constitutes “junk mail” or “chain letters”;
- you will not post or submit for post content that is obscene or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- you will not post or submit for post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Site;
- you will not use the Site to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and
- you will not promote, or upload or submit for post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).
If you violate any guideline listed above or any term of this Agreement, Officeinsight reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing User Content from the Site, notifying the appropriate authorities, barring you from accessing the Site, and terminating your Account.
- Proprietary Rights.
- “Use of the Service.Subject to the terms of the Agreement, Officeinsight grants you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the Site and download any content made available by Officeinsight for download through the Site, in each case solely for (i) your personal, non-commercial purposes, if you are an individual, or (ii) your internal business purposes, if you are a company or other legal entity. You agree not to: (a) rent, lease, loan, sell, license, duplicate, copy or transfer any aspect of the Site or content contained therein, excluding User Content (“Site Content”) to any third party; (b) interfere with, disrupt, alter, translate, or modify the Site or any part thereof, or create an undue burden on the Site or the networks or services connected to the Site; (c) reverse engineer decompile, disassemble, or reverse compile the Site or Site Content; or (d) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the Site.
- Officeinsight and its licensors own the Site, all Site Content, and all intellectual property rights related to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Site or Site Content is strictly prohibited. Officeinsight reserves all rights not expressly granted under this Agreement. There do not exist any implied licenses in this Agreement.
- Officeinsight will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. You grant Officeinsight an irrevocable license and right to use any feedback or suggestions you provide in any manner and for any purpose with no obligation to compensate you.
- Copyright Policy and the Digital Millennium Copyright Act (“DMCA”). Officeinsight is committed to respecting and protecting the legal rights of its own copyrights and those of other copyright owners.
- Officeinsight Copyrights. You may not post, distribute, or reproduce any Officeinsight copyrighted material, trademarks, or other proprietary information unless you have the right; i.e. an explicit written license, to do so. It is Officeinsight’s policy to, in its sole discretion and without advance notice, terminate the Account of any user that infringes copyright or other intellectual property rights of Officeinsight.
- Other Copyrights. Officeinsight adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe the Site Content or User Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must: (a) be provided to Officeinsight’s Copyright Agent, and (b) include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that you believe should be removed or access disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Only DMCA Takedown Notices should go to the Copyright Agent, and any other feedback, comments, or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that your DMCA Takedown Notice must comply with all the requirements of this Section for Officeinsight to be authorized to takedown any Site Content or User Content. Designated Agent: Officeinsight, LLC, Attn: Copyright Agent 2813 Singletree Cove, Cedar Hill, TX 75104. Email address: email@example.com
- Availability and Modification of Service. Officeinsight reserves the right, from time to time, to suspend, modify, or discontinue the Site and Services, in whole or in part, with or without notice. You agree that Officeinsight will not be liable to you or to any third party for any discontinuance, suspension, or modification of the Site or Services, in whole or in part.
- Subject to this Section, this Agreement will remain in full force and effect while you use the Site or maintain an Account. You may terminate your Account at any time and for any reason through the appropriate account management page on the Site. Officeinsight reserves the right to terminate your Account immediately effective upon sending notice to you at the email address you provide when creating your Account. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of your Account, your access to and use of the Site and Site Content, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 2, 4, 8, 9, 10, and 11.
- Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OFFICEINSIGHT PROVIDES THE SITE AND SITE CONTENT “AS-IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. OFFICEINSIGHT MAKES NO WARRANTY THAT THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. OFFICEINSIGHT DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SITE.
- Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) OFFICEINSIGHT WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE SITE, SITE CONTENT, OR THIS AGREEMENT, EVEN IF OFFICEINSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OFFICEINSIGHT’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE, SITE CONTENT, AND THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL OFFICEINSIGHT’S OFFICERS, DIRECTORS, EMPLOYEE, AGENTS OR AFFILIATED COMPANIES HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.
- User Indemnification. You agree to indemnify and hold Officeinsight and its affiliates, officers, directors, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorneys’ fees, arising from or related to your: (a) breach of the terms of this Agreement; (b) User Content; (c) use of the Site; or (d) violation of applicable laws or any of the rights of third parties.
- Electronic Communications. The communications between you and Officeinsight use electronic means, whether you use the Site or send us emails, or whether Officeinsight posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Officeinsight in an electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications that Officeinsight provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- Governing Law; Arbitration. This Agreement, and any claim, dispute or other controversy related to this Agreement, will be governed by the laws of the State of Texas, without giving effect to any conflict of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding related to this Agreement must be brought in a federal or state court located in Dallas County, Texas, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Officeinsight may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.