IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE PRODUCT (A "PRODUCT") OR SUBSCRIBING TO ANY NETWORKED INFORMATION SERVICE (A "SERVICE") FROM GIARDINA & ASSOCIATES PROFESSIONAL COMPUTER SERVICES, INC., 514 Commerce Avenue Suite D, Palmdale, CA 93551, +1-888-667-8440 ("OFFICE TOOLS" OR "WE"). BY DOWNLOADING OR USING OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE OUR PRODUCTS OR SERVICES. THIS REPLACES ANY PREVIOUS VERSIONS OF THIS AGREEMENT BETWEEN YOU AND US.
Office Tools warrants that for the term (as set forth in your order for a product or service or as earlier terminated in accordance with this agreement, whichever is sooner) the products or services will operate substantially in accordance with any documentation we provide you. Should the products or services not so operate, your exclusive remedy and our only obligation under this warranty, will be, at our discretion, either correction of the defect or refund of the purchase price paid for the product or service. Any use by you of the product is at your own risk. Except for this limited warranty, the products and services are provided "as is." To the maximum extent permitted by law, Office Tools disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.
We will not be liable for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the products or services or for any claim by any other party, even if Office Tools has been advised of the possibility of such damages or claim. Our aggregate liability under this agreement or otherwise in relation to the products and services will not exceed the amount of the fees paid by you for the products or services. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
This agreement is made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the products or services that may be imposed from time to time by the government of the United States of America. You agree not to export the products, services, documentation, or information about the products, services, or documentation without our written consent and in compliance with such laws, regulations, orders, or other restrictions.
The performance of our products and services varies with your equipment and networks. Except as otherwise expressly stated in this agreement, Office Tools does not warrant the level of performance of the products or services.
Product License
Office Tools grants you a non-exclusive, non-sub-licensable, non-transferable license to use the products for the term set forth in a service order, including any documentation files accompanying the products ("documentation") at the site for which you purchased a license. For this purpose, "site" means all personal computers and servers (including networked systems with the same operating system at a single location or at different locations that are connected by a single, private networked system (i.e., any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software product). Your personnel who work at or are assigned to the licensed site may use the products on personal computers located off site. Each copy made by you must include the copyright and proprietary rights notices embedded in the products. All other copying is prohibited.
You agree not to publish, display, disclose, rent, loan, lease, modify, distribute, transfer, or create derivative works based on the products. You may not reverse engineer, decompile, translate, adapt, or disassemble the products or attempt to create the source code from the object code for the products. You agree to notify your employees and agents who may have access to the products of the restrictions contained in this agreement and to ensure their compliance with these restrictions.
You have no ownership rights in the products. Rather, you have a license to use the products as long as this agreement remains in effect and your license is not terminated. Ownership of the products and all intellectual property rights in them remain at all times with us. Any other use of the products by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this agreement.
The products contain material that is protected by United States copyright law, trade secret law, and international treaty provisions. All rights not granted to you are expressly reserved by us.
You acknowledge that the products contain proprietary trade secrets of Office Tools and you agree to maintain the confidentiality of the products using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
Conditions of Service
Your use of the services is subject to our privacy policy, which is incorporated into this agreement by this reference http://www.officetools.com/privacy-policy/
The term of service, service limits, and fees are set forth in your service order. If you exceed the limits in your service order, you will pay us overage fees. You authorize us to charge overage fees to the most current credit card you have on file with us.
You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password, you may not be able to access your data. If you transfer data to the services or create data in the services, they are stored "as-is." If data needs to be encrypted while stored, it is your responsibility to encrypt it before transferring it to the services.
You are solely responsible for your use of the services. You agree to hold harmless and indemnify Office Tools and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to your use of the services or violation of this agreement or our privacy policy, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
You represent and warrant that your use of the services will be in compliance with all applicable laws, rules, and regulations and will not infringe or violate any third party rights. You will not sell, resell, or distribute the services.
Changes To The Services And This Agreement
We reserve the right at any time to modify, suspend, or discontinue providing the services or any part of them at our discretion with or without notice. We will use commercially reasonable efforts to notify you of any modification, suspension, or discontinuance of the services either by sending an email to the email address you provide with your registration or by a posting at http://www.officetoolspro.com/terms.
We reserve the right at any time to modify this agreement at our discretion. This agreement, as amended, will be effective 15 days after we post it at http://www.officetoolspro.com/terms. If you do not agree to any changes to this agreement, you must terminate your use of the services immediately.
General Provisions
To facilitate installation, training, sign-up, maintenance, or troubleshooting, you may grant us access to your computers and equipment by giving. If you do, you are responsible for making a complete backup of all your software and data before granting us access.
If for any reason, your payment is not made or is cancelled or denied we will have the right to immediately terminate your rights under this agreement. You may terminate this agreement at any time by giving us written notice of termination. We have the right to stop providing the services to you at any time for any reason or for no reason. If we stop providing the services to you for any reason, we will use commercially reasonable efforts to make your data available for you to download for a period of three days. Either party may terminate this agreement if the other party materially breaches this agreement. Upon termination, you will stop using the products and services, destroy all copies of the products in your possession or control, and take such other actions that we may reasonably request to ensure that no copies of the products remain in your possession or control.
The agreement will be construed and enforced in accordance with the laws of the State of California without regard to its conflict of laws principles. Exclusive venue for any dispute will be Los Angeles County, California.
You may not assign this agreement or any part of it.
If any term or provision of this agreement is held to be invalid or unenforceable by any court of competent jurisdiction, such provision will be construed to effectuate to the greatest possible extent the parties' expressed intent, and the remainder of the agreement will not be affected and will remain valid and enforceable. The failure of either party to exercise or enforce any right or provision of the agreement will not constitute a waiver of such right or provision. Each party is an independent contractor and will not have any authority to bind or commit the other. Nothing in the agreement will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose. The terms of the agreement supersede all prior agreements and undertakings, written or oral, between the parties with respect to the subject matter of the agreement.
If you have any suggestions to improve the products or services, please send an email to: sales@officetoolspro.com. By doing so, you grant us a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the products and services and any successor to them without compensation.
The provisions of this agreement related to privacy, disclaimers of warranties, limitations of liability, ownership of intellectual property, applicable law, venue, and jurisdiction will survive the expiration or termination of this agreement.
Office Tools, "OT" and/or WorkSpace Online, PRIVACY POLICY
This Privacy Policy explains OT's policy regarding the collection and protection of Personal Data supplied by users or collected by us from users of the WorkSpace Online and/or OT websites and document transfer services (the Service).
OT, and WorkSpace Online, an OT service, define "Personal Data" as any data from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Service's License and Service Agreement (the "User Agreement"). This Privacy Policy may be updated by WorkSpace Online and/or OT from time to time. WorkSpace Online and/or OT will provide notice of materially significant changes to the Privacy Policy by posting notice on its websites.
By registering to use OT, WorkSpace Online, the OT service, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2) that WorkSpace Online and/or OT may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Policy or the User Agreement. Personal Data may be processed by WorkSpace Online and/or OT in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Data may be less stringent.
HOW WorkSpace Online and/or OT USES INFORMATION
Personal Data
We will not sell or market the email addresses of registered Users to third parties. OT reserves the right to provide names, mailing addresses and phone numbers of its registered users to any of its affiliates or other 3rd parties.
We will not view the files that you transfer using the Service.
We may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.
You acknowledge and agree that WorkSpace Online and/or OT may occasionally send you administrative communications regarding your account or the Service via email.
Cookies and Passive Data Collection
WorkSpace Online and/or OT uses cookie, IP address, and URL information to improve and further develop the Service, and to provide enhanced features to Users, where available. WorkSpace Online and/or OT uses cookies to save User screen names, session validators, and on Users' browsers and hard drives, and may use them to provide tailored products and services to those Users, as they become available.
IP Addresses also help us to diagnose problems with our servers, to administer the Service, and to otherwise provide the Service to our Users.
USER INFORMATION WorkSpace Online and/or OT COLLECTS
Personal Data
Once you register with WorkSpace Online and/or OT and sign in to the Service, you are not anonymous to WorkSpace Online and/or OT
When registering with WorkSpace Online and/or OT, you provide Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, confirmed email address, and a password. When backing data up with the Service, you send us that data and you also are sending file system information, including names of files and directories. WorkSpace Online and/or OT may also record your IP address when you submit information.
WorkSpace Online and/or OT also may collect, at your option, certain preference and demographic information from you.
Information collected by WorkSpace Online and/or OT is used for internal purposes of providing the Service, providing support to users, and to improve services. Aggregating non-identifying information supplied by users allows WorkSpace Online and/or OT to understand its user base and to improve services.
To protect your account information, please keep your password secure.
All Users may opt to remove their Personal Data from our live database by contacting WorkSpace Online and/or OT and canceling their WorkSpace Online and/or OT user account.
Cookies and Passive Data Collection
WorkSpace Online and/or OT automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page you request.
Users should be aware that other websites visited before entering WorkSpace Online website might place Personal Data within a User's URL during a visit to their website, and WorkSpace Online and/or OT has no control over such websites. Accordingly, some of this information may be logged by WorkSpace Online and/or OT
Links to Third Party Sites. WorkSpace Online and/or OT websites may contain links to other sites that are not under our control. These web sites have their own policies regarding privacy. You should review those policies before visiting the web sites. We have no responsibility for linked web sites, and we provide these links solely for the convenience and information of our visitors.
DISCLOSURES
WorkSpace Online and/or OT Service Providers
WorkSpace Online and/or OT does not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future time, WorkSpace Online and/or OT may need to provide users' Personal Data to other third parties to deliver specific services to the user (such as hosting services, affiliated services or support services). At a minimum WorkSpace Online and/or OT will require the third party to certify they follow privacy protection equal to WorkSpace Online and/or OT's. Users will also be provided with a mechanism to opt-out of having their Personal Data viewed by such third parties.
Law Enforcement; Subpoenas. WorkSpace Online and/or OT may disclose Personal Data, including the data you transfer with the Service, with or without notice (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our User Agreement or the rights of WorkSpace Online and/or OT or any third party.
WorkSpace Online and/or OT Affiliates
Although WorkSpace Online and/or OT currently does not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "affiliates"), it may in the future. WorkSpace Online and/or OT may share some or all of your Personal Data with these affiliates, in which case it will require our affiliates to honor this Privacy Policy.
Change of Ownership
In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of WorkSpace Online and/or OT User information, including Personal Data, to a separate entity. We will use commercially reasonable efforts to notify you (by posting on our website or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of WorkSpace Online and/or OT's assets by a third party, and you may choose to modify any of their registration information at that time.
SECURITY
WorkSpace Online and/or OT uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by WorkSpace Online and/or OT in a secure operating environment that is not available to the public, WorkSpace Online and/or OT cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "crackers" or "hackers" from obtaining this information.
PRIVACY COMPLAINTS
If you have a dispute or complaint about privacy on a WorkSpace Online and/or OT website, we kindly ask that you attempt first to resolve the issue directly with WorkSpace Online and/or OT by emailing info@officetoolspro.com
CONTACTING WorkSpace Online and/or OT
Users with questions about this Privacy Policy and any of the aforementioned statements may contact WorkSpace Online and/or OT the following ways:
E-Mail: info@officetoolspro.com
Postal:
Attn: Privacy Policy, WorkSpace Online and/or Office Tools
514 Commerce Avenue, Suite D, Palmdale, CA 93551
REVISIONS TO THIS POLICY
WorkSpace Online and/or OT reserves the right in our sole discretion to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this policy will be posted on the WorkSpace Online and/or OT websites, and a User's continued use of the Service will signify agreement to such changes.
REGISTRATION OR USE OF THE SERVICE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY