THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INFOPOGO INC. ("INFOPOGO") AND GOVERN YOUR USE OF THE RISK ASSESSMENT TOOL IOS APPLICATION AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT ("RAT"). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE RAT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND INFOPOGO MAY REFUSE ACCESS TO RAT FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE.
Access. Access to RAT is provided solely as an accommodation and at InfoPogo's sole discretion, and is available only to authorized representatives of a person or entity with a valid subscription via the App Store.
System Requirements. Use of Risk Assessment Tool requires compatible hardware (fees may apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of RAT involves hardware, software, and Internet access, your ability to use RAT may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Text/Images/Scoring Algorithms. RAT may permit you to upload certain images, text, and scoring algorithms, and other metadata (“Test Information”) for worldwide use by InfoPogo to display, market, or deliver the Licensed Application to end-users on the App Store. Notwithstanding the terms of the Agreement, You represent and warrant that:
You have cleared all worldwide rights, including, without limitation, any rights of publicity of any person depicted in the Licensed Application Information, any copyrights of photographers, artists, or other third parties, and any trademark rights in marks featured in the Licensed Application Information, that may be necessary for the use of Licensed Application Information as set forth herein and in the Agreement; you are responsible for all worldwide royalties, fees and/or other sums (if any) payable with respect to Licensed Application Information and its use as set forth herein and in the Agreement; the Licensed Application Information does not violate any applicable laws or regulations; and you have the authority to make the foregoing representations and warranties on behalf of yourself and any entity on behalf of which you are uploading the Licensed Application Information,
Acknowledgement of Ownership. You agree that RAT contains proprietary information and material that is owned by InfoPogo and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of RAT in compliance with these Terms of Service. No portion of RAT may be reproduced in any form or by any means.
Copyrights. All copyrights in and to RAT are owned by InfoPogo and/or its licensors.
Disclaimer of Warranties; Liability Limitations. INFOPOGO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF RISK ASSESSMENT TOOL WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INFOPOGO MAY REMOVE RISK ASSESSMENT TOOL (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER RISK ASSESSMENT TOOL IN ITS ENTIRETY, AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, RISK ASSESSMENT TOOL IS AT YOUR SOLE RISK. RISK ASSESSMENT TOOL AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH RISK ASSESSMENT TOOL ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO CASE SHALL INFOPOGO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING RISK ASSESSMENT TOOL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA RISK ASSESSMENT TOOL, EVEN IF ADVISED OF THEIR POSSIBILITY.
INFOPOGO DOES NOT REPRESENT OR GUARANTEE THAT RISK ASSESSMENT TOOL WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INFOPOGO DISCLAIMS ANY LIABILITY RELATING THERETO.
Indemnity. BY USING THE RISK ASSESSMENT TOOL SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INFOPOGO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREIN, OR YOUR OTHER IMPROPER, UNAUTHORIZED OR UNLAWFUL USE OF RISK ASSESSMENT TOOL.
Notices. InfoPogo may send you notice with respect to Risk Assessment Tool by notice when launching the app. Notices shall become effective immediately.
Governing Law. You expressly agree that the laws of the State of Washington, excluding its conflicts of law rules, govern these Terms of Service and your use of Risk Assessment Tool, and that the exclusive jurisdiction for any proceeding relating in any way to your use of Risk Assessment Tool will be Washington State. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.
These Terms of Service constitute the entire agreement between you and InfoPogo governing your use of Risk Assessment Tool, superseding any prior agreements between you and InfoPogo governing your use of Risk Assessment Tool. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. InfoPogo's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. InfoPogo will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Last updated: 05 September 2018