akwiso - Online Contact Lifecycle Management Solution

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Online Contact Lifecycle Management Solution

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akwiso TERMS OF SERVICE

IMPORTANT – READ CAREFULLY: BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.

1. DESCRIPTION OF PRODUCT. akwiso allows individuals and organizations to create a contact lifecycle database online, thereby improving communication with employees, partners, customers and prospects.

2. REGISTRATION. To use the Product, You must submit a complete akwiso registration on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If akwiso discovers that any of Your Registration Data is inaccurate, incomplete or not current, akwiso may terminate Your right to access and receive the Product immediately upon notice. akwiso will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. akwiso may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. akwiso reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. akwiso need not provide a reason for its rejection. If akwiso rejects Your application, then You may reapply and akwiso will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to akwiso, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with akwiso and will become a subscriber to the akwiso Service.

3. SERVICES

(a) Description of Service. akwiso allows the registered user to to create a contact lifecycle database online, thereby improving communication with employees, partners, customers and prospects. akwiso makes the akwiso Service available under a number of different subscription plans. Please confirm that the plan for which You are registering meets Your needs by reviewing the "product information pages."
(b) Fees and Payments. You can always find the current Subscription Fees and charges on the akwiso Web site. Your subscription will continue and renew automatically unless terminated by akwiso or until You notify akwiso of Your decision to change Your subscription renewal. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for Akwiso.com (including any applicable taxes) at the rates in effect when the charges were incurred. akwiso may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. You also are responsible for any fees or charges incurred to access Akwiso.com through an Internet access provider or other third party service. YOU, AND NOT akwiso, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOU BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(c) Trial Offers, Coupons, Credits and Special Offers. akwiso reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. We encourage the use of our service through free trials. To view the specific details regarding your free trial, if any, please visit the akwiso web page. The Free Trial offer associated with akwiso entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer.
(d) Subscription Renewals. Your akwiso subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. Your subscription options are located under the akwiso web page. Please contact our Customer Care department if you need assistance in updating your subscription options, making a change to your plan or if you need to request a refund.

4. USER CONDUCT AND PROPRIETARY RIGHTS

(a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, any downloadable plug-in or other materials or any information obtained by You without the express written consent of akwiso.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Product. kwiso does, however, reserve the right to take any action with respect to the Product that akwiso deems necessary or appropriate in akwiso's sole discretion if akwiso believes You or Your transmissions or use of the Product may create liability for akwiso. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product.
(c) Proprietary Rights. In accordance with Your authorized use of the Product, akwiso grants You a limited license to use the plug-in solely in connection with the Product offered by akwiso. You acknowledge that the plug-in downloaded in connection with the Product is proprietary to akwiso and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this plug-in as expressly authorized by the Product and these Terms.
Further, akwiso and other names, logos, icons and marks identifying akwiso's products and services are trademarks of akwiso and may not be used without the prior written permission of akwiso. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of this plug-in without expressly being authorized to do so by akwiso. If You are not the purchaser of the software license from Akwiso, you are not authorized to install or otherwise use the software or services to host meetings. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the plug-in. All rights not expressly granted in these Terms are reserved to akwiso.

5. PRIVACY. akwiso's use of any personal information You provide to it is set out in the current privacy regulations of the Federal Republic of Germany.

6. MODIFICATIONS. akwiso may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.akwiso.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to akwiso. You are responsible for regularly reviewing the https://www.akwiso.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, akwiso reserves the right to modify or discontinue the Product with or without notice to You. Akwisoshall not be liable to You or any third party should akwiso exercise its right to modify or discontinue the Product.

7. PASSWORD AND SECURITY. As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify akwiso of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.

8. TERMINATION. akwiso may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) akwiso is unable to verify or authenticate any information You provide to akwiso; (c) such information is inaccurate; or (d) akwiso decides, in its sole discretion, to discontinue offering the Product. akwiso shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to akwiso. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify akwiso of termination. Upon termination of membership, Your right to use the Product immediately ceases.

9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. AKWISOEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AKWISOMAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES AKWISOMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AKWISOOR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL AKWISOBE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF AKWISOHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AKWISO'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold akwiso harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against akwiso arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

12. GENERAL TERMS. These Terms are governed in all respects by the laws of the Federal Republic of Germany as such laws are applied. Both parties submit to personal jurisdiction in Germany and further agree that any cause of action relating to these Terms shall be brought in a court in Kempten, Germany. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. akwiso's failure to act with respect to a breach by You does not waive akwiso's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. akwiso shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond akwiso's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to feedback@akwiso.com for assistance.

June 2007

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