Updated November 8, 2016
We (the team at BrightArch) created an organization change software called OrgWeaver and would love for you to use it. Our service is designed to give you control and ownership over your organization.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BrightArch, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your OrgWeaver.com Account and Site. If you create an organization on the Website, you are responsible for maintaining the security of your account and organization, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the organization. You must not describe or assign keywords to your organization in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BrightArch may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BrightArch liability. You must immediately notify BrightArch of any unauthorized uses of your organization, your account or any other breaches of security. BrightArch will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an organization, comment on an organization, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. By submitting Content to BrightArch for inclusion on your Website, you grant BrightArch a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your organization. Your Content will not be sold to third-parties. If you delete Content, BrightArch will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, BrightArch has the right (though not the obligation) to, in BrightArch’s sole discretion (i) refuse or remove any content that, in BrightArch’s reasonable opinion, violates any BrightArch policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BrightArch’s sole discretion. BrightArch will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal. General Terms: Optional paid services are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay BrightArch the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. Automatic Renewal: Unless you notify BrightArch before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Responsibility of Website Visitors. BrightArch has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BrightArch does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Intellectual Property. This Agreement does not transfer from BrightArch to you any BrightArch or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BrightArch. BrightArch, OrgWeaver, OrgWeaver.com, the OrgWeaver.com logo, and all other trademarks, service marks, graphics and logos used in connection with OrgWeaver.com, or the Website are trademarks or registered trademarks of BrightArch or BrightArch’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BrightArch or third-party trademarks.
- Advertisements. BrightArch reserves the right to display advertisements on your organization unless you have purchased an Ad-free Upgrade.
- Changes. BrightArch reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BrightArch may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. BrightArch may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OrgWeaver.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. BrightArch and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BrightArch nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will BrightArch, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BrightArch under this agreement during the twelve (12) month period prior to the cause of action. BrightArch shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless BrightArch, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between BrightArch and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BrightArch, or by the posting by BrightArch of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Oslo, Norway. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with arbitration. The arbitration shall take place in Oslo, Norway, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BrightArch may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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