Last Updated: November 20, 2018
Please note that these terms apply to the use of the Convoso website (www.convoso.com) (the “Website”). If you are (or will be) a paying customer then your account—and therefore your use of Convoso Services—is governed by your order form and “Convoso Services Agreement” that can be found [here]. If there are any conflicts between this TOU and the Convoso Services Agreement governing your account and use of the Convoso Services, then the Convoso Services Agreement shall govern with reference to your account and use of the Convoso Services. Defined terms are set forth below.
Use of the Site
You are authorized to use this Site only to obtain information, communicate with Convoso representatives or, for customers who are using Convoso Services through an account, then also to access the Convoso Services only for uses permitted in the applicable Terms and Conditions.
This means that Convoso does not give you the right to do thing such as copy, reproduce, republish, mirror or upload the Site, reverse engineer any of its content, any Convoso Services or data derived therefrom and you cannot create derivative works from any part of the Site (including its content) or any Convoso Services or distribute any of it or them to anywhere or anyone else.
If you obtain data from third parties by accessing the Site then your use of those data must be in compliance with all applicable laws and regulations.
Convoso does not grant you any express or implied rights or licenses or any other intellectual property rights, except for the limited and revocable authorization granted in the first paragraph of this Section.
The Site and/or your account might not be accessible from time to time for any number of reasons, including maintenance or system problems. Convoso will work to minimize such downtime but it makes no promises, representations or warranties.
Access from Outside of the United States
Some features or functionality might not be available if you are accessing the Site from outside of United States territory. Convoso has no obligation to make such features and functionality available.
Your information; Convoso information on the Site; Third Party Links
- Convoso Information on the Site. Convoso does not promise, warrant or represent that the information on the Site is accurate, complete or current. Convoso assumes no responsibility (and expressly disclaims responsibility) for updating this Site. You can also find the explicit disclaimers and representations in the Sections below. Convoso might provide updates or it may add or delete features, functionality or entire services or products. Convoso might not resolve any reported problems with the Site.
- Third Party Links. You might find links to other websites on this Site. Convoso is not responsible for your use of those other websites. You are entirely responsible for whatever you do or do not do on those websites and should review their respective privacy policies and terms prior to using the websites.
DISCLAIMER OF WARRANTIES
YOU ACCESS THIS SITE AND DISPLAY THE WEBPAGES AND THEIR CONTENT AT YOUR SOLE RISK. YOU ALSO USE THE CONVOSO SERVICES AT YOUR OWN RISK. CONVOSO PROVIDES THE SITE AND ALL CONTENT, SOFTWARE, PROGRAMS, FEATURES AND FUNCTIONALITY AND SERVICES “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER.
CONVOSO, WITHOUT LIMITATION, MAKES NO WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE SITE, YOUR DISPLAY OF ANY PART OF THE SITE AND/OR THE USE OF THE CONVOSO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR WILL BE IN COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONVOSO EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND/OR LAWS AND REGULATIONS.
YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIALS, CONTENT, PRODUCTS, SOFTWARE, PRODUCTS OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CONVOSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR EQUIPMENT TO ACCESS AND DISPLAY THE SITE WILL BE COMPATIBLE WITH THE SITE AND/OR CONVOSO SERVICES.
LIMITATION OF CONVOSO’S LIABILITY
IN NO EVENT WILL CONVOSO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE, ITS USE OR ACCESS AND/OR ANYTHING OR ANYPLACE ACCESSED THROUGH THE SITE AND/OR THE USE OF CONVOSO SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA OR DAMAGES OR PENALTIES ARISING FROM A VIOLATION OF LAWS OR REGULATIONS, EVEN IF CONVOSO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to indemnify, hold harmless and defend Convoso, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability (and including any governmental actions or governmental or other lawsuits), including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) your breach of the terms of this Agreement; (b) your unauthorized use of the Site, including any information, communication, data or work that you provide or obtain in connection through the Site; (c) libelous, slanderous, indecent or other statement concerning any person made or republished by you; (d) any violation of federal, state and/or local law related to, arising out of or connected with your use of the Site. Convoso has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to this Section. Convoso agrees that it shall give you reasonable notice of any claim, threatened or made, or suit instituted against it that could result in a claim for indemnification. Convoso agrees that in the event that indemnification is sought under this provision, Convoso shall furnish you, upon request, all information and assistance available to Convoso for defense against any such claim, suit, or demand, to the extent permitted by law or court action but taking into account any non-disclosure obligations Convoso may have. Please note that this indemnification is in addition to any other indemnification obligations you may have with Convoso.
Limiting Access to the Site
Convoso has the right to suspend or terminate your access to the Site at any time and without notice if Convoso believes that you have violated this Agreement or any other agreement you have with Convoso (such as your service agreement if you are a paid subscriber), failed to pay in accordance with your payment obligations (if any) and/or if Convoso believes that your access may result in injury to Convoso or third parties or violation of law or regulations or an investigation by governmental authorities as to your use. Convoso can also suspend or terminate access by free-trial users for any reason whatsoever at any time and without notice. If a governmental authority advises Convoso that it believes that your access to the Site violates or will violate applicable laws and regulations and Convoso incurs any costs or other expenses arising from its response to such advice, then you will reimburse Convoso for all such costs and expenses, which includes attorney fees and expenses.
Changes to this Agreement
This is a binding agreement and so it cannot be changed without your consent. If you consent to those changes (see how that happens below), then the changes will affect only your use of the Site only after your acceptance of the changes.
Convoso will provide notice of any changes to this Agreement either by posting a notice on the Site or by contacting you (or both). You consent to the changes in the same way that you consented to this Agreement—by using the Site. If you do not agree to the changes, then do not use the Site.
This is the entire agreement relating to the access to and display of the Site. This Agreement cannot be changed by any oral or written (including email) communications and/or documents unless such documents expressly state that this Agreement is being thusly changed. Use of the Convoso Services by subscribers will continue to be governed by your Convoso Services Agreement, which this Agreement does not alter.
Governing Law, Remedies, Waiver
This Agreement is governed by the law of the State of California without taking into account its principles and case law relating to conflicts of laws. Convoso and you consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California. You waive all claims to the defense of inconvenient venue and any related defense.
If a court determines that some terms of this Agreement are not enforceable, that will not affect other terms. They will still be enforceable.
Convoso and you agree that other remedies might not be adequate and, accordingly, agree that Convoso shall have rights in equity for injunctive and other equitable relief, in addition to any and all other remedies Convoso may have under this or other agreements with you or at law.
Convoso does not waive any of its rights or remedies because it does little or nothing when you do something that breaches, or may breach, this Agreement. It does not mean that you have no liability for that action (or inaction), that Convoso cannot exercise whatever remedies it may have or that you can do it again.
Convoso is granting certain rights to you, and accordingly you may not assign this Agreement or any of its rights or obligations without the prior written consent of Convoso. Any attempted assignment without such prior written consent shall be void, and will be considered a material breach of this Agreement.
You can contact us either by email at firstname.lastname@example.org or by phone at 888-456-5454
The following Sections survive any termination or expiration of this Agreement: (1) Use of the Site; (2) Access from Outside of the United States; (3) Your Information; Convoso information on the Site; Third Party Links; (4) Disclaimer of Warranties; (5) Indemnification; (6)Indemnification; (7) Governing Law, Remedies, Waiver; (8) Survival; (9) Definitions; and (10) Compliance with Law.
“Convoso” means the company, Convoso, Inc.
“Convoso Services” means each service option that Convoso provides to its customers (i.e., those with accounts) as governed by the Terms & Conditions, whether accessed through a Site or otherwise. This definition also includes and changes to any such services.
“Site” means the website linked to this TOU and on which Convoso provides general information about the Convoso Services and Convoso itself.
“You” (whether in lower case or not) means the person who visits the Site and if the access to the Site is for business purposes by a legal entity then that business as well.
Compliance with Law
You agree that Convoso is not and will not be responsible for your use of the Site and/or the Convoso Services and other services. You hereby assume all liability and responsibility for use of the Site in compliance with any applicable federal, state or local laws (and including the laws of non-US jurisdictions in which your use of the Convoso Services may result in jurisdiction over your actions).
You hereby assume responsibility for promptly reimbursing Convoso for all costs and expenses of any kind, including reasonable attorneys’ fees, as they are incurred by Convoso in connection with or related to any actual, alleged or threatened damages or other claims arising from alleged and/or actual violations by you of any applicable laws and/or regulations.