Terms of Service

Last Updated: November 24, 2009

This License Agreement (“Agreement”) is a legal agreement between you, an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, or entity (“You” or, collectively, “Users”) and OfficeMedium, LLC. (“OfficeMedium”) regarding your use of the OfficeMedium website, as well as any other websites, subdomains, platforms, or services owned or controlled by OfficeMedium (collectively, the “Service”).

BY USING THIS SERVICE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH OFFICEMEDIUM ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, THE “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; (II) HAVE READ AND UNDERSTAND THESE TERMS; AND (III) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.

This agreement can be found at: http://www.officemedium.com/tos

Acceptance of the Agreement:

PLEASE ENSURE THAT THIS AGREEMENT IS CAREFULLY, AND COMPLETELY, READ BEFORE ACCESSING OR USING ANY SECTION, PAGE, OR SERVICE OF THIS WEBSITE. BY ACCESSING ANY SECTION, PAGE, OR SERVICE ON THIS WEBSITE, YOU AGREE TO BECOME BOUND BY THIS AGREEMENT. IF YOU DISAGREE TO ANY TERMS STATED IN THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED TO ACCESS THIS WEBSITE OR TAKE PART IN ANY SERVICES OFFERED.

Modification of the Agreement:

We reserve the right to change, alter, update, replace, or remove all or any of the terms stated in this agreement at any time. Listed at the top of this agreement will be the date of the most recent modification. You are solely responsible to check this agreement periodically for any modifications. As stated in the previous section, regardless of any changes, your use of this Website and Service constitutes your acceptance to this agreement.

Privacy

OfficeMedium values your privacy and understands it's importance. By agreeing to this Agreement, you also agree with our Privacy Policy. Please review it carefully before agreeing. The Privacy Policy can be found at: http://www.officemedium.com/privacy

Use License

  • Permission is granted to temporarily download one copy of the materials (information or software) on OfficeMedium's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    • Modify or copy the materials;
    • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • Attempt to decompile or reverse engineer any software contained on OfficeMedium's web site;
    • Remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by OfficeMedium. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  • OfficeMedium alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Company Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Company Technology or the Intellectual Property Rights owned by Company. The Company name, the Company logo, and the product names associated with the Service are trademarks of Company or third parties, and no right or license is granted to use them.

Subscription Payments and Fees

  • You are responsible for paying any applicable fees and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Service. You agree to pay for all services that you purchase through the Service, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify OfficeMedium if your selected payment method is canceled (e.g., for loss or theft).
  • You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Service, including, but not limited to, sales, use, or value-added taxes. To the extent OfficeMedium is obligated to collect such taxes, the applicable tax will be added to your billing account.
  • Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences; provided, however, that such notice will not affect charges submitted before OfficeMedium could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
  • OfficeMedium reserves the right to change the amount of, or basis for determining, any fees or charges for the Service we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that OfficeMedium can charge these unpaid fees to any payment method that you have previously provided.
  • Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (i) every month for monthly subscriptions; (ii) such other periodic rate you have selected from among the options offered on the Service.
  • Your first month of service is offered free of charge. You are still, however, required to provide accurate personal and billing information upon signing up. OfficeMedium reserves the right to cancel or suspend any free trial period under any conditions. After the first month expires, you will be billed accordingly via the payment method you have chosen. You will be responsible for keeping track of your free trial period and will not be notified in advance of a pending payment. If you want to discontinue your service before the free trial expires, you are required to cancel your subscription. Refunds will not be granted to any user whom did not cancel before the trial expires.

Account Cancellation, Refunds, and Restorations

  • You reserve the right to cancel your Service and subscription at any time via your account page accessible through this website.
  • You will be charged via your chosen payment method at the beginning of each billing cycle for use of the Service until the next billing cycle. If you opt to cancel your Service before completing the time alloted within the billing cycle, no refunds will be made.
  • Upon canceling your Service, your data and software will be kept secured for a period of 30 days in which you may choose to restore upon completing the sign-up process again. If an account restoration is made, you will still be charged the normal amount regardless of when you canceled your prior subscription. Until an account restoration is made, your software and data will remain frozen and inaccessible.
  • If you have canceled your Service and subscription and would like your data immediately purged, you must contact support with a request to do so.

Account Terms and Responsibilities

You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable administrator(s) (each, an “Administrator”) of your account. You shall: (i) notify Company immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Company immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or other users to violate this Agreement or the intellectual property rights of third parties; and (iii) not impersonate another Company user or provide false identity information to gain access to or use the Service.

  • You must provide a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person; shared use of one login is not allowed. You may create separate logins for as many people as you'd like.
  • You are responsible for maintaining the security of your account and password. OfficeMedium can not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all activity, usage and content posted under your account (even when Content is posted by others who have accounts under your account).
  • You are responsible for all account activity, in part of any user, that may result in an increase or decrease of Service billing amount.
  • You agree not to impersonate any other person or falsely identify yourself to gain information contained for others within OfficeMedium.
  • You must comply with all applicable local, state, national and foreign laws related to the posting of materials onto OfficeMedium.
  • 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 agree not to change, modify, hack, or make derivative works any portion of OfficeMedium for the purposes of licensing, sub-licensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
  • You, and all users under your account, have read, understand and agree to our privacy policy, security policy, and this agreement.
  • 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, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  • You must not upload, post, host, or transmit unsolicited email or "spam" messages.
  • You must not transmit any worms, trojan horses, viruses or any code of a destructive nature to or through OfficeMedium.

Account Data, Content, and Access

OfficeMedium does not own any data, information or material that you or other users submit to the Service in the course of using the Service ("Customer Data"). You, not OfficeMedium, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Customer Data that you submit, and OfficeMedium shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. OfficeMedium does have viewing access to your data but will only access in response to a support request or any required technical maintenance or upgrades.

PCI Compliance and Financial Data Security

OfficeMedium utilizes the service of Authorize.net, a leader in online payment gateway solutions, for payment handling and secured financial data storage. Authorize.net provides OfficeMedium with PCI-Compliant customer information storage and electronic billing. OfficeMedium is not responsible for the integrity and reliability of the previously mentioned company, service, and security.

Service Accessibility and Functionality

Although we put forth our best efforts to provide a Service which is readily accessible and functioning properly, we cannot guarantee either, and use of this Service comes at your own risk. Refunds and compensation will not be made available in the event that the Service becomes inaccessible for any period of time. Occasional downtime for the reasons of upgrades, security patches, and bug fixes will occur and will be scheduled for times most convenient to the traditional work period. We will make our best attempts to make you aware of any downtime, both intentional and not. As with all software, problems and mis-configurations are bound to arise and we will do our best to identify and fix any that arise. We do not, in any way, guarantee that our software and Service operate in any expected manner and remind you that you are using the Service at your own risk. OfficeMedium will not be held responsible for any data loss, software malfunctioning, data security, Service accessibility, or any problems that may arise from using the Service.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You understand that Internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide personal or sensitive information in order to use the Service, and that you provide any personal or sensitive information at your own risk.

Term and Termination

This license is effective until terminated. You agree that OfficeMedium, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with OfficeMedium. In addition, OfficeMedium reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any Information. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that OfficeMedium will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OfficeMedium may have at law or in equity.

Disclaimer

The materials on OfficeMedium's web site are provided "as is". OfficeMedium makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OfficeMedium does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall OfficeMedium be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use OfficeMedium's Internet site or Service, even if OfficeMedium or an OfficeMedium authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on OfficeMedium's web site and Service could include technical, typographical, or photographic errors. OfficeMedium does not warrant that any of the materials on its web site are accurate, complete, or current. OfficeMedium may make changes to the materials contained on its web site or Service at any time without notice. OfficeMedium does not, however, make any commitment to update the materials.

Indemnification

You shall defend, indemnify and hold OfficeMedium, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or other users of this Agreement, provided in any such case that OfficeMedium (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release OfficeMedium of all liability and such settlement does not affect OfficeMedium's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

Governing Law

Any claim relating to OfficeMedium shall be governed by the laws of the State of New York without regard to its conflict of law provisions.