"Client" is any user of the service. By using the service, you agree to these terms.
"Vendor" is Forensic Project Management, Inc.
Use of the Service
Client is responsible for all activities and Electronic Communications conducted by its Authorized Users and for its Authorized Users’ compliance with this Agreement, including the content of all Client Data. Client will not: (a) sell, lease, license or sublicense the Service unless authorized to do so by VENDOR agreement; (b) introduce into or transmit through the Service any virus, worm, trap door, back door, and other harmful or malicious code, files, scripts, agents, or programs; (c) transmit or store infringing material in the Service; (d) send any Electronic Communication from the Service that is unlawful, harassing, libelous, defamatory or threatening; (e) upload or distribute of any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service; (f) probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service; (g) take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Service; (h) access or use any other clients' or their users' data through the Service; (i) maliciously reduce or impair the accessibility of the Service; (j) use the Service to post, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, hateful, or otherwise objectionable material, or (k) transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability. Except as permitted by this Agreement, no part of the Service may be copied, republished, displayed in any form or by any means. Client agrees not to access the Service by any means other than through the interfaces that are provided by Vendor.
Ownership of The Service
Client agrees that all rights, title and interest in and to all intellectual property rights in the Service and Documentation (including without limitation the software used to provide the Service, modifications, improvements, upgrades, and derivative works) are retained and owned exclusively by Vendor or its licensors. In addition, Vendor shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Service and its other product and service offerings any suggestions, enhancement requests, recommendations or other feedback provided by Client, including Authorized Users, relating to the operation of the Service and associated services. Any rights not expressly granted herein are reserved by Vendor. Vendor service marks and trademarks, logos and product and service names are marks of Vendor (the "Vendor Marks"). Client agrees not to display or use the Vendor Marks in any manner without Vendor’s express prior written permission. Except the right to use the Service, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, Personal Database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Service or the software (the "Software") used to provide the Service. Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the ("Software"); modify, or create derivative works based on the Service or any Software (except to the extent expressly permitted by Vendor or authorized within the Service).
"Client Data" means all electronic data or information of any kind that is created by Client or third parties on its behalf and entered into the Service by Client or its authorized users including administrative users, employees, managers, manager users, and 3rd parties regardless of whether or not the Client Data is owned by Client during the Term this Agreement is in effect. Client Data includes: (i) Client records, data files, input materials, reports, forms and other such items that may be received, computed, processed, or stored by Vendor, in the performance of the Service under this Agreement; or (ii) any information relating to an identified or identifiable natural person including a 3rd party defined as an identifiable person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. This includes administrative users, authorized users, and 3rd parties. Client Data may include name, email addresses, telephone numbers, information related to logging in to the Service, birth dates, social security numbers, and personally identifiable information (PII) including financial information, and protected health information covered under HIPAA. All Client Data has been designed, created and provided solely by Client or by 3rd parties on its behalf without the participation or involvement of Vendor.
Client shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Client Data created and entered into the Service. Vendor assumes no responsibility for the accuracy, propriety, or usefulness to Client of the Client Data. Vendor shall not be liable to Client or any third-parties for any loss, damage or expense whatsoever and howsoever arising from any Client Data created and entered into the Subscription Service by Client or by an entity on its behalf. Client acknowledges that Vendor will rely on the accuracy of the Client Data created and entered into the Service by Client as it performs its requested functions under this Agreement. Client acknowledges that it owns all of the Client Data or has all rights to grant such licenses to Vendor to use such Information in furtherance of providing the Service without infringement or violation of any third party rights. Vendor provides no warranties, representations or indemnification to Client for its access to, and use of the Client Data. Subject to the terms and conditions of this Agreement, Client grants Vendor the limited, non-exclusive, non-transferable terminable license to copy, store, record, transmit, maintain, display, view, print, or otherwise use Client Data, but only to the extent reasonably necessary to provide the Service to Client and to improve the Service.
VENDOR may anonymously compile information related to the performance of the Service for purposes of improving the Service, but only if such information does not identify the data as CLIENT's or otherwise include CLIENT's name.
CLIENT's Use of Services
CLIENT shall abide by all local and international Laws and regulations applicable to its use of the Service, use the Service only for legal purposes, and comply with all regulations, policies and procedures of networks connected to the Service.
THE SERVICE IS PROVIDED "AS-IS" WITH NO WARRANTIES WHATSOEVER. VENDOR HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR, ANY CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. VENDOR DOES NOT REPRESENT THAT CLIENT’S USE OF THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE, WILL MEET ALL OF CLIENT’S REQUIREMENTS. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED MAINTENANCE FOR UNSCHEDULED EMERGENCY MAINTENANCE EITHER BY VENDOR OR THIRD-PARTY PROVIDERS, OR BECAUSE OF OTHER CAUSES BEYOND VENDOR’S REASONABLE CONTROL BUT VENDOR SHALL USE REASONABLE EFFORTS TO PROVIDE ADVANCE NOTICE IN WRITING OR BY E-MAIL OF ANY SCHEDULED MAINTENANCE INTERRUPTION.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
No Representation by VENDOR
VENDOR makes no representation that the Service is appropriate or available for use outside of the United States.
CLIENT represents and that it is not located in, under the control of, or a national or resident of any country to which the United States has embargoed the import or export of goods, on the United States Treasury Department's List of Specially Designated Nationals or United States Commerce Department's Table of Deny Orders.
Limitation of Liability
CLIENT ASSUMES THE ENTIRE COST OF ANY DAMAGES RESULTING FROM CLIENT’S USE OF SERVICE (THE "Service"), THE INFORMATION CONTAINED IN OR COMPILED IN THE SERVICE, THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY VENDOR OR A THIRD PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL VENDOR OR ITS SUPPLIERS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, EXEMPLARY, INDIRECT, RELIANCE, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR ANY PERSONAL OR CLIENT DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS, EMOTIONAL DISTRESS OR BODILY HARM DAMAGES OR LOSS OF LIFE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR THE INCOMPATIBILITY OF THE SERVICES WITH ANY HARDWARE, SOFTWARE OR USAGE, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION OR ARBITRATOR AND VENDOR BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED VENDOR’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE TOTAL AMOUNT PAID IN FEES TO VENDOR UNDER THIS AGREEMENT FOR THE THREE MONTHS PRIOR TO A CLAIM OF DAMAGES BEING BROUGHT BY CLIENT OR THIRD PARTY WHETHER IN CONTRACT, TORT OR OTHERWISE.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.