Adeptol Cloud Connect Terms of Use
Following terms govern your use of Adeptol’s CloudConnect products and/or or subscription account plan services ("Products" or “Software” or “Service”). In addition, your use of the Adeptol.com or Ajaxdocumentviewer.com or docuter.com website ("Site") is subject to our Privacy Policy. We may change these Terms of Service at any time. By continuing to use Adeptol's Products and Site following such changes, you agree to the changed Terms of Service.
DEFINITIONS
1. "Adeptol" means Adeptol LLC, a registered
Limited Liability Company in San Jose, CA
(License Id: 200833610075) and its
licensors, if any.
2. "Products" or “Software” or “Service” or
“Software” means Adeptol’s CloudConnect
Service and/or or subscription account plan
services related to it and third party
software programs, in each case, supplied by
Adeptol herewith, and corresponding
documentation, associated media, printed
materials, and online or electronic
documentation. Any updates to such products
or service which you are entitled to receive
and that has been provided to you by Adeptol
shall also mean products or service for
purposes of this Agreement.
3. "Content" means an Output File or
Document or file or any media which contains
the Run-Time, generated by you. Examples of
Content include the documents, courseware,
presentations, demonstration files,
interactive multimedia material, interactive
entertainment products and the like.
4. “Output File” means an output file
generated by you using the Products or
Service.
By using the Adeptol service, you agree
that:
(1) Any type of document you upload directly
or indirectly (by linking to or embedding or
uploading or sharing) may be stored,
retained, and possibly reviewed by Adeptol
for quality control purposes only. In the
event that a document houses any
inappropriate material (i.e. pornography),
we retains the right to remove the document
from our server and not server any requests
related to that document.
(2) You are representing to Adeptol that you
own all necessary intellectual property
rights to any uploaded or linked document
and its content and that your possession,
extraction, later use and modification of
content from any uploaded document does not
infringe on anyone's rights worldwide. You
cannot hold Adeptol responsible in any way
and will hold us harmless of and from any
damage (including attorney fees incurred)
and any claim that your representation here
is in any way untrue.
(3) Subject to the terms and conditions on
this page gives you permission to use the
Adeptol products or service to extract
information for any legal use you may make
of it. Any other use of the Adeptol products
or service is prohibited. YOU ARE
SPECIFICALLY NOT LICENSED to use, own, or
possess a copy of the Adeptol software
except as allowed specifically to you in
written.
(4) Adeptol reserves the right to revise or
delete features of the Adeptol software or
Adeptol service or Viewer CloudConnect or
make it completely unavailable generally or
to any specific user without notice.
Notwithstanding our PRIVACY POLICY, you
acknowledge and agree that Adeptol has the
right to disclose any information as
necessary or appropriate to satisfy any law,
regulation or other government request, or
to protect itself and that any material you
download will be treated as non-confidential
and nonproprietary.
(5) You use Adeptol entirely at your own
risk. Adeptol does not guarantee the
accuracy or completeness of any content or
viewing. Use of Adeptol is "AS IS," WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY FOR INFORMATION,
DATA, SERVICES, UNINTERRUPTED ACCESS, OR
RESULTS PROVIDED THROUGH OR IN CONNECTION
WITH ITS USE. SPECIFICALLY, ADEPTOL
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING:
(1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF RESULTS AND (2) ANY WARRANTY OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR ANY PURPOSE. THIS DISCLAIMER
APPLIES TO ANY DAMAGE OR INJURY FROM ANY
CAUSE INCLUDING PREVENTABLE ONES AND
UNAUTHORIZED ACCESS TO OR USE OF ANY RECORD
BASED ON ANY KIND OF CAUSE OF ACTION,
CONTRACTUAL OR OTHERWISE.
(6) NEITHER ADEPTOL NOR ANY OF ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR
AFFILIATES WILL BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGE FROM ANY USE
OF ADEPTOL OR INABILITY TO GAIN ACCESS TO OR
USE THE SOFTWARE OR OUT OF ANY BREACH OF ANY
WARRANTY. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS
LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF Adeptol, ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR
AFFILIATES IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY SUCH STATE LAW.
FURTHER DISCLAIMER: EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN OTHER DAMAGES - In
no event shall ADEPTOL or any of its
suppliers or partners be liable for any
incidental, special, punitive, indirect, or
consequential damages whatsoever (including,
but not limited to, damages for loss of
profits or confidential or other
information, for personal injury, for
business interruption, for failure to
display or convert or render any type of
content, for failure to meet any duty
including of good faith or of reasonable
care, for loss of privacy, for negligence,
and for any other pecuniary or other loss
whatsoever) arising out of or in any way
related to the use of or inability to use
the Software, inability or failure to
convert or view documents, failure to render
or deliver documents, the provision of or
failure to provide Support, technical
Support or other services, software,
information, and related content through the
Software or otherwise arising out of the use
of the Software and related content (if
any), or otherwise under or in connection
with any provision with this License, even
in the event of the fault (including
negligence), strict liability,
misrepresentation, breach of contract or
breach of warranty of ADEPTOL or its
supplier, and even if ADEPTOL or its
supplier has been advised of the possibility
of such damages.
(7) Adeptol makes no representations or
warranties about the suitability of
Software, or part thereof, or services
either express or implied, including but not
limited to the implied warranties or
merchantability, fitness for a particular
purpose, or non-infringement, or that it is
free of defects. Adeptol shall not be liable
for any damages suffered by you or your
users or your customers as a result of
using, modifying or distributing the
Software, or part thereof, or any of its
derivatives. The entire risk as to the
suitability and performance of the service
or product or software, or part thereof, is
borne by you. You agree that Adeptol is not
liable in respect of loss of earnings,
service, time, repair or any other direct or
indirect or consequential damages caused
while using the Software, or part thereof,
and you agree to determine that the
Software, or part thereof, sufficiently
meets its requirements prior to its use.
(8) The Software or any part thereof, or
services supplied by Adeptol are not
designed or intended for use, resale or
transfer to any equipment in hazardous
environments requiring fail-safe
performance, such as in the operation of
nuclear facilities, aircraft navigation or
communication systems, air traffic control,
direct life Support machines, or weapons
systems, in which the failure of the
software could lead directly to death,
personal injury, or severe physical or
environmental damage ("high risk
activities"). Adeptol specifically disclaims
any express or implied warrantee of fitness
for high risk activities. You agree that
Adeptol will not be liable for any claims or
damages arising from the use of software, or
part thereof, in such applications.
(9) Violation of any of the terms will
result in the termination of your account.
While Adeptol prohibits such conduct and
Content on the Product and Service, you
understand and agree that Adeptol cannot be
responsible for the Content posted on the
Products or service and you nonetheless may
be exposed to such materials. You agree to
use the Products and Service at your own
risk.
(10) You may not alter, merge, modify, adapt
or translate the product or service of
software, or decompile, reverse engineer,
disassemble, or otherwise reduce the product
or service of software to a
human-perceivable form or attempt to derive
or interfere with source code, license files
or licensing information. You may not
remove, replace or alter any digital
certificate, trademark, logo, copyright or
other proprietary notices, legends, symbols
or labels in the product or service of
software.
LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might
incur for any reason whatsoever (including,
without limitation, all damages referenced
herein and all direct or indirect or general
damages in agreement or anything else), the
entire liability of Adeptol and any of its
suppliers under any provision of this
license agreement and your exclusive remedy
hereunder shall be limited to $5.00. The
foregoing exclusions, limitations and
disclaimers shall apply to the maximum
extent permitted by applicable law, even if
any remedy fails its essential purpose.
Account Terms
1. You must provide your legal full name, a
valid email address, and any other
information requested in order to complete
the signup process.
2. You are responsible for all Content
posted or sent to Adeptol Servers and
activity that occurs under your account
(even when Content is posted by others who
have accounts under your account).
3. You may not use the Service or Products
for any illegal or unauthorized purpose. You
must not, in the use of the Products or
service, violate any laws in your
jurisdiction (including but not limited to
copyright laws).
4. A valid credit card is required for
paying accounts. Free accounts are not
required to provide a credit card number.
5. Adeptol, in its sole discretion, has the
right to suspend or terminate your account
and refuse any and all current or future use
of the Products or service, or any other
Adeptol products or service, for any reason
at any time. Such termination of the
Products or service will result in the
deactivation or deletion of your Account or
your access to your Account, and the
forfeiture and relinquishment of all content
in your account. Adeptol reserves the right
to refuse usage of products or service to
anyone for any reason at any time.
6. Modifications to the Products or Service
and Prices
Adeptol reserves the right at any time and
from time to time to modify or discontinue,
temporarily or permanently, the Products or
Service (or any part thereof) with or
without notice.
7. Prices of all Products or services,
including but not limited to subscription
plan fees to the Products or service, are
subject to change upon 30 days notice from
us. Such notice may be provided at any time
by posting the changes to the Adeptol Site (www.AJAXDocumentViewer.com)
(www.adeptol.com) or the Product or Service
itself.
8. Adeptol shall not be liable to you or to
any third party for any modification, price
change, suspension or discontinuance of the
Products or service.
Copyright and Content Ownership
We claim no intellectual property rights
over the material you provide to the Product
or Service. Your profile and materials
uploaded remain yours. However, by setting
your pages to be shared publicly, you agree
to allow others to view and share your
Content.
Adeptol does not pre-screen Content, but
Adeptol and its designee have the right (but
not the obligation) in their sole discretion
to refuse or remove any Content that is
available via the Products or service.
You may not duplicate, copy, or reuse any
portion of the HTML/CSS, Javascript, or
visual design elements or concepts without
express written permission from Adeptol.
General Terms
1. Your use of the Products or service is at
your sole risk. The products or service is
provided on an "as is" and "as available"
basis.
2. Technical support is only provided to
paying account holders and is available via
phone and email.
3. You understand that Adeptol uses third
party vendors and hosting partners to
provide the necessary hardware, software,
networking, storage, and related technology
required to run the Products or service.
4. You must not modify, adapt or hack the
Products or service or modify another
website so as to falsely imply that it is
associated with the Products or service,
Adeptol, or any other service.
5. You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of
the Products, use of the Service, or access
to the Service without the express written
permission by Adeptol.
6. Adeptol will issue NO refunds (pro-rated
or full or partial) for any reason
whatsoever, even under the event of force
majeure or cancellation of service or your account with Adeptol or non usage of service.
7. We may, but have no obligation to, remove
content and accounts containing content that
we determine in our sole discretion are
unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or
otherwise objectionable or violates any
party’s intellectual property or these Terms
of Service.
8. Verbal, physical, written or other abuse
(including threats of abuse or retribution)
of any Adeptol customer, employee, member,
or officer will result in immediate account
termination.
9. You understand that the technical
processing and transmission of the Products
or service, including your content, may be
transferred unencrypted and involve (a)
transmissions over various networks; and (b)
changes to conform and adapt to technical
requirements of connecting networks or
devices.
10. You understand that Adeptol On Demand
CloudConnect Product or Service should not
be used for mission critical, sensitive or
confidential or secure documents or content.
11. You must not upload, post, host, or
transmit unsolicited email, SMSs, or "spam"
messages.
12. You must not transmit any worms or
viruses or any code of a destructive nature.
13. If your bandwidth usage exceeds 500
MB/month, or significantly exceeds the
average bandwidth usage (as determined
solely by Adeptol) of other Adeptol
customers, we reserve the right to
immediately disable your account or throttle
your file hosting until you can reduce your
bandwidth consumption.
14. Adeptol does not warrant that (i) the
service will meet your specific
requirements, (ii) the service will be
uninterrupted, timely, secure, or
error-free, (iii) the results that may be
obtained from the use of the service will be
accurate or reliable, (iv) the quality of
any products, services, information, or
other material purchased or obtained by you
through the service will meet your
expectations, and (v) any errors in the
Service will be corrected.
15. You expressly understand and agree that
Adeptol 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 Adeptol has been advised of
the possibility of such damages), resulting
from: (i) the use or the inability to use
the service; (ii) the cost of procurement of
substitute goods and services resulting from
any goods, data, information or services
purchased or obtained or messages received
or transactions entered into through or from
the service; (iii) unauthorized access to or
alteration of your transmissions or data;
(iv) statements or conduct of any third
party on the service; (v) or any other
matter relating to the service.
16. The failure of Adeptol 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 constitutes the entire agreement
between you and Adeptol and govern your use
of the Service, superceding any prior
agreements between you and Adeptol
(including, but not limited to, any prior
versions of the Terms of Service).
17. Your license rights under this agreement
are non-exclusive. You are not permitted to
sell, rent, lease or lend software or its
Licenses
18. Error & Usage Reporting – You understand
that Software & Run Time has a built in
Error & Usage Reporting mechanism which
automatically sends error & usage codes to
Adeptol Online Server through internet.
Error & usage data helps Adeptol to serve
you better with your problems, provide
better Technical Support and also improve
the Software better for future. Adeptol
Error & Usage Reporting is a set of
technologies that capture software run time
and crash data. Error & Usage Reporting is
based on the exchange of information between
Software and Run Time Product and Adeptol
Online Server. None of this information
contains personally identifiable information
nor can they be used to identify any
personal information about you or end user
or any characteristics of your computer
configuration. Error and usage reporting
does not disrupt the usage and will shuts
itself off in case no direct internet access
is available to Run Time or Software, in
which case you will need to manually provide
the needed information to Technical Support
in event of any help or issues.
By using the Software or Product or Service
or any of its parts you are automatically
agreeing to and show that you have read and
understood the terms and conditions
contained within this agreement. This
agreement is effective while you use and
continue to make use of the Software or
Product or Service or any of its parts. If
you do not agree with the License you must
not use the Software or Product or Service
or any of its parts. Any company names,
logos, mottoes and software or product names
mentioned or shown on associated website(s)
or in the Software or any of its
subcomponents (third party software) may be
copyright, trademarked or registered
trademarked by their respective owners.
This agreement shall be governed by the
internal laws of the State of California,
without giving effect to principles of
conflict of laws. You hereby consent to the
exclusive jurisdiction and venue of the
state courts sitting in Santa Clara County,
California or the federal courts in the
Northern District of California to resolve
any disputes arising under this agreement.
In each case this agreement shall be
construed and enforced without regard to the
United Nations Convention on the
International Sale of Goods.
This agreement contains the complete
agreement between the parties with respect
to the subject matter hereof, and supersedes
all prior or contemporaneous agreements or
understandings, whether oral or written. You
agree that any varying or additional terms
contained in any purchase order or other
written notification or document issued by
you in relation to the Software licensed
hereunder shall be of no effect. The failure
or delay of Adeptol to exercise any of its
rights under this agreement or upon any
breach of this agreement shall not be deemed
a waiver of those rights or of the breach.
Questions about the Terms of Service should
be sent to support at
contact@ajaxdocumentviewer.com
or
contact@adeptol.com