| This policy represents Cerience Corporation’s Terms of
Service ("TOS") in its entirety and supersedes any other written or
oral policy. This policy defines the terms of service for all customers who subscribe
to the RepliGo Professional service.
Customers using any services offered by Cerience Corporation are bound to these
terms. At the sole discretion of Cerience Corporation, any violators of this TOS
may have their services cancelled without refund and/or, if deemed appropriate,
be legally prosecuted.
General
In consideration for Cerience Corporation maintaining one or more accounts (each
"Account"), you agree to the following terms of service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information,
thus the Service may not be available to you at all times. This is valid for only
the connection. Cerience Corporation will pursue all resources and channels available
to maintain maximum uptime; however, Cerience Corporation is not responsible for
any down time caused by client's error.
CERIENCE CORPORATION MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR
THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No advice or information given by Cerience Corporation or its agents or employees
shall create a warranty. Cerience Corporation provides no warranty that the service
will be uninterrupted or error free or that any information, software or other
material accessible on the service is free from viruses or other harmful components.
Under no circumstances shall Cerience Corporation be liable for any direct, indirect,
special, punitive, or consequential damages that result in any way from your use
of or inability to use the service.
You assume total responsibility and risk for your use of Cerience Corporation's
servers and the Internet. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services and other information,
and the quality and merchantability of all merchandise provided through Cerience
Corporation or on the Internet generally.
Your use of the service is at your sole risk. Cerience Corporation is not responsible
for files and data residing on your account. You agree to take full responsibility
for files and data transferred and to maintain all appropriate backup of files
and data stored on Cerience Corporation servers.
You agree not to interfere with the operation of the system. You further agree
not to interfere with the proper operation of other systems reachable through
the Internet, including any attempt at unauthorized access. You agree to adhere
to system policies as published by Cerience Corporation, including restrictions
on services available with each service type, restrictions on certain features,
and all other policies. You agree to abide by any and all future Cerience Corporation
policy decisions.
Cerience Corporation reserves the right to monitor any and all communications
through or with our facilities.
You agree to indemnify, defend, and hold harmless Cerience Corporation from
any and all liability, penalties, losses, damages, costs, expenses, attorneys'
fees, causes of action or claims caused by or resulting indirectly from your use
of the service which damages either you, Cerience Corporation, or any other party
or parties without limitation or exception. This indemnification and hold harmless
agreement extends to all issues associated with your account.
Services provided by Cerience Corporation
Cerience Corporation will provide the RepliGo Professional document conversion
service ("the Service") to its members for the express purpose of allowing
customers to view certain file types on mobile devices. Cerience Corporation members
will use the provided services in a manner consistent with any and all applicable
laws of the state of Colorado. Cerience Corporation provides the Service exclusively
and makes no effort to edit, control, monitor or restrict the content of data
other than as necessary to provide such Services. If any of the below activities
are committed, Cerience Corporation can terminate a subscriber’s account
without notification.
Client Content: Client agrees that files
uploaded to servers will not violate any province, federal or foreign laws or
regulations; infringe on any intellectual property rights of Cerience Corporation
or any third party. Unacceptable uses also include: Bulk unsolicited emailing,
unsolicited emailings, auto forwarding, and intentional overloading of the servers.
Cerience Corporation will be the sole and final arbiter as to what constitutes
a violation of this policy. Cerience Corporation does not normally monitor the
contents of client’s files, however if suspicion occurs, Cerience Corporation
reserves the right to investigate and terminate the clients subscription to the
service.
The service may only be used by the specified handheld devices that it was
intend for and may not be used by or for external services.
Excessive Bandwidth and Resource Usage Policy:
Resources are defined as bandwidth and/or processor utilization. A subscriber’s
usage is considered using "Excessive amounts of resources" when it monopolizes
the resources available. This policy is only implemented in extreme circumstances
and is intended to prevent the misuse of our servers. The subscriber whom is using
"excessive resources" will be asked to discontinue using the RepliGo
Professional service until resources can be recovered to normal operational standards.
Cerience Corporation will be the sole and final arbiter as to what constitutes
a violation of this policy.
Payment, Renewal, Cancellations
Payment Obligations: Full payment is required in advance before the RepliGo Professional
service is established.
Renewals: Your account will be automatically
renewed for an additional 3-month or 1 year period depending on the version purchased,
unless otherwise notified.
Cancellation & Refunds: All commerce,
renewals, cancellations, and payments are handled by our online retailer, Handango.com.
Any questions, changes, or disputes, should be directed towards Handango's support
team at support@handango.com
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