by the makers of PHONEslips and GroupReady
Terms of Service
IMPORTANT - READ CAREFULLY:
The myClientFolder service ("Service") is owned and operated by Telexis Software LLC, ("Telexis") and is provided to you under the terms and conditions of these Terms of Service. By installing the Host Software or using the myClientFolder web interface you agree to be bound by all the terms and conditions of this agreement, including disclaimers and limitations of liability set forth.
Description of service: The Service provided by Telexis is myClientFolder and facilitates the access to PHONEslips or GroupReady data over the Internet.
Number of users: The maximum number of user accounts, which are created in the myClientFolder admin website, is limited to the number of subscriptions you have purchased for the Service. The total number of concurrent users may not exceed the total number of Service subscriptions purchased.
Resell Rights: You agree not to resell the use of the Service, any downloadable software or other materials or any information provide to you by Telexis without the express written consent of Telexis.
Usage: You are solely responsible for the content of your transmissions through the Service. Telexis does, however, reserve the right to take any action with respect to the Service that Telexis deems necessary or appropriate in Telexis' sole discretion if Telexis believes you or your transmissions or use of the Service may create liability for Telexis. Your use of the Service 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 Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service 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 Service, 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 Service.
Telexis is not responsible for data that you or your clients share, modify and re-share. It is your responsibility to comply with all copyright, trademark and infringement laws. myClientFolder is NOT designed as a back-up program. Telexis is not liable for any loss or corruption of your data, or costs associated with restoring your data.
Passwords and Security: As part of the subscription process, we will assign you various user names and passwords and you will also create user names and passwords. 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 Telexis of any unauthorized use of your account or any other breach of security known to you, including if you believe that your password or account information has been stolen or otherwise compromised.
Information Policy: Any information you provide Telexis such as mailing address, phone number, e-mail address or fax number will be used in a manner consistent with a standard business relationship. You agree to allow Telexis to use this information for such purposes as responding to your requests, providing technical bulletins or notifying you of product updates and offers. Information provided can be updated by contacting Telexis.
Fees and Payments: Your subscription will continue and renew automatically unless terminated by Telexis or until you notify Telexis of your decision to change your subscription renewal. To cancel your subscription, notify Telexis by fax, mail or e-mail of your decision. If there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the subscription process for the Service, or subsequently designated to Telexis at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your subscription for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. Telexis may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your account name and password will be billed to the credit card designated during the subscription process for the Service or subsequently designated to Telexis. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service. You, and not Telexis, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you. You may not assign your rights or obligations to another party.
Proprietary Rights: In accordance with your authorized use of the Service, Telexis grants you a limited license to use the software solely in connection with the Service offered by Telexis. You acknowledge that the software downloaded in connection with the Service is proprietary to Telexis and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this software as expressly authorized by the Service and these Terms. Further, Telexis, and other names, logos, icons and marks identifying Telexis' products and services are trademarks of Telexis and may not be used without the prior written permission of Telexis. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this software without expressly being authorized to do so by Telexis. Further, you may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the software. All rights not expressly granted in these Terms are reserved to Telexis.
Termination: Telexis may immediately terminate your membership and right to use the Service if you breach these Terms or Telexis determines you are using the Service in a way it was not intended, including, but not limited to, excessive use of system bandwidth or Telexis decides, in its sole discretion, to discontinue offering the Service. Telexis shall not be liable to you or any third party for termination of the Service. You may terminate your account and end your use of the Service at any time, for any reason or for no reason. Upon termination of your account, you shall remain liable for all fees incurred or accrued by you and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, you are no longer authorized to use the Service or software.
Maintenance and Updates: You understand that Telexis may update the software at any time, but is under no obligation to inform you of or furnish to you any such updates. This Agreement does not grant you any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that Telexis supplies any updates to you, such updates will be deemed to be subject to the terms of this Agreement unless Telexis indicates otherwise. Telexis reserves the right to charge fees for any future versions of, or updates to, this software.
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. Telexis expressly 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. Telexis makes no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely or error free, nor does Telexis make 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 software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained (including software) 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 Telexis or 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.
Limitation of Liability: In no event shall Telexis be 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 Telexis has been advised of the possibility of such damages. Telexis' liability to you or any third party is limited to the sum of one month subscription fee. 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.
Indemnity: You hereby agree, at your expense, to indemnify, defend and hold Telexis 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 Telexis 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.
Modifications: Telexis may amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.myClientFolder and/or (ii) sending information regarding the Terms amendment to the email address you provide to Telexis. You are responsible for regularly reviewing the http://www.myClientFolder site to obtain timely notice of such amendments. You agree 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, Telexis reserves the right to modify or discontinue the Service with or without notice to you. Telexis shall not be liable to you or any third party should Telexis exercise its right to modify or discontinue the Service.
General Terms: These Terms are governed in all respects by the laws of the State of Arizona as such laws are applied. Both parties submit to personal jurisdiction in Arizona and further agree that any cause of action relating to these Terms shall be brought in a court in Pima County, Arizona. 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. Telexis' failure to act with respect to a breach by you does not waive Telexis' 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. Telexis shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Telexis' 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 must comply with United States Export Regulations. This software must not be distributed or used by any persons or organizations located in a country that is subject to an embargo by the United States, Table of Denial Orders, Entity List or the List of Specially Designated Nationals.
You understand and agree that you are solely responsible for periodically reviewing the Terms of Service.
© 2013, Telexis Software LLC.
Terms of Service