THE AGREEMENT: The use of the website and services provided by Adjossible, LLC, (hereinafter referred to as “Company”) are subject to the following Terms of Service (hereinafter the “Terms of Service” or “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”). Company is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of Company. nor does LinkedIn Corporation have any association with Company.
By registering, accessing or using any services developed, operated, maintained or hosted by Company, including all websites and IP addresses available at and configured for use at https://demand.cloud, https:/app.demand.cloud, or https:/app2.demand.cloud you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by Adjosso and you.
Company, at its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use Company at your own risk.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE ACCOUNT TERMS:
PAYMENT TERMS
All accounts are billed on a recurring monthly basis for each individual user in advance of the month. Once the initial period paid for has come to an end, the account will automatically renew on the same charge date and for the same package, unless you modify your package or cancel your account before the charge has taken place, as in line with our “Cancellation and Termination” terms.
Your billing date is determined by the licensee and reflects the nominal calendar day in which you received your login credentials (username and password).
No refunds or credits will be granted for partially used or unused months of service.
Company reserves the right to terminate or suspend any account for non-payment of the subscription dues.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
A three percent (3%) transaction fee is added to all credit card purchases and is calculated in summation of the aforementioned applicable charges.
CHANGES TO SERVICE FEES
Company reserves the right to change service fees with 14 days notice. Such notice may be provided at any time by posting the changes to the Company website https://demand.cloud or through email. Existing account plans may not be automatically updated in accordance with these changes, but are eligible for a service charge, by request.
CANCELLATION AND TERMINATION
You are solely responsible for canceling your account by written notice to Company at least 31 days in advance of cancellation and your recurring bill date.
Failure to provide 31 days’ written notice to support@demand.cloud may result in additional charges under the same terms and duration as your exsisting agreement. As an example, your monthly or annual committment will renew for another consecutive month or twelve month term respectivly when insuffcient cancellation notice is provided.
Charges already processed by Company without 31 days written notice as outlined above will not be refunded.
All of your content may be immediately deleted from the Service upon cancellation. Once your account is canceled, your Content may not be able to be recovered.
INTELLECTUAL PROPERTY RIGHTS
You agree that Company. owns all rights to the code, databases, visual-design and layout of the service itself. Company. claims no intellectual property rights over the material you provide to the Service. You may not duplicate, copy, or reuse any portion of the content of Company’s service without the express written consent of Company.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
NON-DISCLOSURE
Parties shall not use or disclose to anyone any confidential information regarding the other Party’s business operations. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party which might be of any value to a competitor of the Party, or which might cause any economic loss or substantial embarrassment to the Party or its customers, distributors or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors, and potential acquisition targets; its business operations and structure; its services, formulas, and pricing; its processes, technologies, and inventions; its research and know-how; its financial data; and its plans and strategies.
WARRANTIES AND LIABILITY
Company does not warrant that:
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from your usage of the service.
GENERAL CONDITIONS
Your use of the service is at your sole risk. You acknowledge, understand, and agree that Company provides the service to you “As Is” and “As Available” without warranty or condition of any kind.
Technical support is only provided to paying account holders and is available as per the terms of your account. You understand that Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.
You acknowledge, understand, and agree that Company cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
You must not modify, adapt or hack the Service or modify another website so as to falsely simply that it is associated, linked to, or partnered with Company.
Verbal, physical, written or other abuse of any Company customer, employee, member, or officer will result in immediate account termination and legal action.
You agree to receive administrative and legal notices about the Service electronically via email or postal mail.
JURISDICTION, VENUE & CHOICE OF LAW
Through Your use of the Website or Services, You agree that the laws of State of Utah, United States shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of State of Utah, United States. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
ARBITRATION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the State of Utah, United States. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by the applicable and governing law of the State of Utah, United States. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Company and govern your use of the service, superseding any prior agreements between you and Company. (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support at demand dot cloud
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
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