Subscription Agreement : Terms of Services
By
using the agilewrap.com web site and WoodRanch Agile Projects- WRAP
system ("Service") of WoodRanch Technology, Inc ("WRT"), you
are agreeing to be bound by the following terms and conditions
("Terms of Services") of this Subscription Agreement
("Agreement''). If you do not agree with these Terms of
Services, you must not register for or use this Service.
WRT reserves the right to amend this agreement from time to time without notice. You can view the most current version of this agreement at any time at: http://www.agilewrap.com/termsofservices_window.html.
Violation of any of the terms below will result in the termination of your Account. While WRT prohibits such conduct and Content on the Service, you understand and agree that WRT cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
You must be 18 years or older to use this Service.
Your user account may only be used by one person. A single user account shared by multiple people is not permitted. You may reassign a user account and its associated user id and password to a new user to replace a former user who has permanently ceased using the Service.
You are responsible for maintaining the security of your user account and password. WRT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). You have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all your data.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You will not (i) copy (other than once for back-up purposes), distribute, rent, loan, lease or sublicense all or any portion of the Service; (ii) modify, translate, distribute or prepare derivative works of the Service or the accompanying documentation; (iii) reverse engineer, decompile or disassemble the Service or the accompanying documentation; or (iv) remove any proprietary notices, labels, or marks on the Service and accompanying documentation (v) You may not transfer the Service, in whole or in part without WRT's prior written consent.
You can use the Service for five (5) users at all times during the term of this agreement at no charge. If you permit more than five (5) users to use the Service at any time, then you shall pay WRT, a subscription fee equal to then prevailing subscription fee on monthly basis as long as the Service is used. Subscription fees for additional users added during a month will be charged for that month in full.
Term will begin on the effective date and continue as long as the WRAP is made available by WRT or for the period of time specified in an Order Form. In the event that you purchase additional users or additional Services, upon expiration of the initial term, this Agreement will automatically renew for successive terms, unless one of the parties gives written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current Term. WRT reserves the right to increase the fees applicable to any renewal term upon prior written notice.
WRT or you may terminate this Agreement upon written notice if any party materially breaches the Agreement and does not cure such breach (if curable) within thirty (30) days after written notice of such breach. Upon the termination of this Agreement (i) you shall immediately discontinue use of the Service, (ii) any amounts owed to WRT under this Agreement before such termination will become immediately due and payable, (iii) WRT will remove all your data from the WRAP System and all your access to or use of the Service will be immediately suspended.
WRT claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded by you remain yours. WRT does not pre-screen Content, but WRT 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 Service.
The look and feel of the Service is copyright©2008-2010 WRT, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from WRT.
WRT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from WRT. Such notice may be provided at any time by posting the changes to the WRAP Site (www.agilewrap.com) or the Service itself.
WRT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payment and Refunds
A valid credit card is required for paying accounts of more than 5 user accounts. Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis for the paying accounts choosing monthly subscription plan and is non-refundable. The Service is billed in advance on a annual basis for the paying accounts choosing annual subscription plan and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
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, excluding only United States (federal or state) taxes.
Additional Terms
Your use of the Service is at your sole risk. The service is provided on an Òas isÓ and Òas availableÓ basis. WRT disclaims any and all warranties, including any implied warranties or merchantability, fitness for a particular purpose, and statutory warranties of non-infringement. WRT does not warrant that (i) the Service and documentation 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.
You understand that the technical processing and transmission of the 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.
Technical support is only provided to paying account holders and is available via email or forum.
You understand that WRT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
WRT will have the right (a) to include the name and logo of Customer in lists of customers and customer success stories posted on www.agilewrap.com, www.woodranchtech.com and in WRT sales and marketing collateral, and (b) issue a press release regarding this Agreement and your use of the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, WRT, or any other WRT service.
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 partyÕs intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WRT customer, employee, member, or officer will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You expressly understand and agree that WRT 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 WRT 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.
The failure of WRT 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 WRT and govern your use of the Service, superseding any prior agreements between you and WRT (including, but not limited to, any prior versions of the Terms of Service).
You understand that this Agreement shall be governed by and construed in accordance with the laws of the State of California, U. S. A., including any amendments thereto, and without regard to principles of conflicts of law. Any suits concerning this Agreement shall be brought in the federal courts for the Southern District of California or the state courts in Ventura County, California.
This Agreement, together with any related Order Forms is the entire understanding and agreement of the parties, and supersedes any and all previous and contemporaneous understandings, agreements, proposals or representations, written or oral, between the parties, as to the subject matter hereof.
The individual accepting this Agreement on behalf of Customer represents and warrants to WRT that he or she is duly authorized to enter into this Agreement on behalf of Customer and to bind Customer to the terms and conditions of this Agreement.
Questions about the Terms of Service should be sent to support@woodranchtech.com.