SUBSCRIBER AGREEMENT FOR Transcript Maker(r) (“THE SERVICE”) By subscribing to the Transcript Maker web site (“Service”), a service of Adeptware, Inc. (“Adeptware”), you are agreeing to be bound by all of the terms in this Subscriber Agreement.
- You must provide a valid email address and any other information requested in order to complete the signup process.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Adeptware.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- The failure of Adeptware to exercise or enforce any right or provision of the Subscriber Agreement shall not constitute a waiver of such right or provision. The Subscriber Agreement constitutes the entire agreement between you and Adeptware and govern your use of the Service, superceding any prior agreements between you and Adeptware (including, but not limited to, any prior versions of the Terms of Service).
- Adeptware reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Adeptware shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- The information in the Service is for Subscriber’s use only. You agree not to reproduce, redistribute, retransmit, broadcast or circulate the information received through the Service without the express prior written consent of Adeptware, except that the information may be downloaded or printed for personal noncommercial use. You are prohibited from using any type of automated method of retrieving data from this Web Site without the prior written consent of Adeptware. This includes, but is not limited to, programs termed as spiders, snakes, mirroring type programs, and custom written programs. Bulk downloading of any data is expressly prohibited. This type of action will be considered an attack against the Service.
- You are responsible for maintaining the security of your account and password. Adeptware cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- 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).
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Adeptware, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Adeptware service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Should such termination take place, Adeptware will make every effort possible to notify you in advance so your data may be retrieved from the Service. Adeptware reserves the right to refuse service to anyone for any reason at any time.
DISCLAIMER OF WARRANTIES AND LIABILITY
Neither Adeptware nor any of its providers of information make any warranties, express or implied, as to the results to be obtained from use of the service, and make no express or implied warranties of fitness for a particular purpose or use. ADEPTWARE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR NONINFRINGEMENT OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. IN NO EVENT SHALL ADEPTWARE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES. YOU AGREE THAT THE LIABILITY OF ADEPTWARE ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ADEPTWARE FOR USE OF THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADEPTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADEPTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) TERMINATION OF YOUR ACCOUNT; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.
ADEPTWARE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
Your Service subscription will continue until you notify Adeptware via the Transcript Maker web site or electronic mail of your decision to terminate your subscription, or until terminated by Adeptware. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and North Carolina governing contracts wholly entered into and wholly performed within North Carolina.
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
- It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, or as otherwise required by law.
INFORMATION GATHERING AND USAGE
- When you register for Transcript Maker we ask for information such as your full name, email address, username, and password.
- Adeptware uses collected information for the following general purposes: products and services provision, identification and authentication, services improvement, contact, and research.
- A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.
- Cookies are required to use the Transcript Maker service.
Adeptware may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Subscriber Agreement.
Adeptware may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Transcript Maker primary account holder account or by placing a prominent notice on our site.