1. The Agreement
1.1 Your use of 303tech’s products, software, and services (hereafter referred to as “Services”) is subject to the terms of this legal agreement between you and 303tech. Principal place of business is at 11751 S Rock Willow Way, Parker CO 80134, United States.
1.2 This agreement with 303tech includes, at a minimum, the terms and conditions described in this agreement, and will be referred to as the “Universal Terms”.
1.3 Any legal notices and special terms that are provided to you for any of 303tech’s Services, shall be referred to hereafter as “Additional Terms” which will be available to you directly through the use of, or within that service.
1.4 The Universal Terms, and the Additional Terms, together, form a legally binding agreement between you and 303tech as it relates to your use of that Service. Please read them carefully. Hereafter, these will be referred to as the “Terms”.
1.5 In the event of any contradiction between the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence.
2. Terms Acceptance
2.1 You must first agree to the Terms, in order to use the Services. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by actually using the Services. Your use of the Services will be treated by 303tech as an acceptance of the Terms.
2.3 If you are not of legal age to enter a legal agreement with 303tech, or you are barred from using the Services under the laws of the United States, then, you may not use the Services or accept the Terms.
2.4 Please print a copy of the Terms for your records.
3. Provision of the Services
3.1 303tech has Partners and Subcontractors (referred to hereafter as “Partners” and “Subcontractors”). These companies will be providing some of the Services to you on behalf of 303tech. You agree to allow these Partners and Subcontractors to provide the Services to you.
3.2 303tech is always trying to provide the best experience from their Services and may from time to time upgrade various aspects, features, and the delivery of the Services.
3.3 303tech may stop providing the Services or any specific feature to you at 303tech’s sole discretion. You may stop using the Services at any time.
3.4 You understand and agree that if 303tech discontinues access to a Service, you will lose access to all information, content, and files used within that Service.
4. Use of Services
4.1 Some Services will require you to provide 303tech with some contact information for registration purposes. You agree to always keep 303tech informed of your current and accurate registration and contact information. You may provide 303tech your updated contact information by way of email to firstname.lastname@example.org.
4.2 You agree to only use the Services for purposes that are permitted by the Terms and any applicable laws.
4.3 You agree not to use the Services in any manner not authorized by 303tech. You also agree to not use automated scripts and to follow the instructions specified in any robots.txt files included as part of the Services.
4.4 You agree not to interfere with or disrupt the Services, and their associated servers and networks.
4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services.
4.6 You agree that any breach of your obligations under the Terms is solely your responsibility, including any damages that 303tech may suffer.
5. Account Security
5.1 You acknowledge and agree that you are solely responsible for protecting the privacy of any passwords you use with any of the Services.
5.2 You agree that all activities that occur under your accounts within the Services are your responsibility.
5.3 You agree to contact 303tech immediately at email@example.com, if you become aware of any unauthorized use of your account within the Services.
7. Content in the Services
7.1 You understand that all information, including but not limited to email, files, music, pictures, text, etc., that is accessed within the Services, is the sole responsibility of the party from which the content originated. All such information is referred to hereafter as the “Content”.
7.2 You understand that all Content made available as part of the Services may be protected by intellectual property rights owned by either (a) 303tech, or; (b) 303tech’s Partners, or; (c) 303tech’s Subcontractors. You may not modify, sell, rent, loan, lease, or distribute this Content without special written consent.
7.3 You agree to take full responsibility for all Content that you create and manage while using the Services and any damages or loss conveyed upon 303tech as a result.
8. Proprietary Rights
8.1 You acknowledge and agree that 303tech (or 303tech’s licensors) own all legal and intellectual property rights (registered or not), title and interest in and to the Services. You also not to disclose any of 303tech’s designated confidential information contained within the Services.
8.2 You understand that you have not been given the right to use any of 303tech’s trade names, trademarks, logos, domain names, and other associated brand features.
8.3 Except as specified in Section 10, 303tech acknowledges and agrees that it obtains no legal or intellectual property rights (registered or not), title or interest from you under these Terms in or to any Content create, manage, or display through the Services. You agree that it is your responsibility to protect and enforce those rights.
9. License from 303tech
9.1 303tech grants you a personal, non-transferable, non-exclusive license to use the software provided to you by 303tech as part of the Services. This license is only granted to you as part of the Services during the period that you subscribe to the Services, and in accordance with the Terms.
9.2 This license and software is granted to you on a per user basis and may not be shared by you to other users.
10. Your Content License
10.1 By using your Content within the Services, you give 303tech a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
10.2 You understand and agree to allow 303tech to transmit and technically adapt your Content for transmission across various public and private networks as part of the necessary process to making the Services available to you.
10.3 You acknowledge and guarantee 303tech that you have all the rights, power and authority necessary to grant the above license.
11. Software Updates
11.1 The Software which you use may manually or automatically download and install updates from time to time from 303tech. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit 303tech to deliver these to you) as part of your use of the Services.
12. Terminating your use of the Services
12.1 The Terms will apply until terminated by you or 303tech as set out below.
12.2 If you want to terminate your legal agreement with 303tech, you may do so by (a) notifying 303tech at any time and (b) closing your accounts for all of the Services and (c) remedy all unpaid balances on the accounts within the Services. Your notice should be sent, by way of email to firstname.lastname@example.org.
12.3 303tech may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms; or
(B) 303tech is required to do so by law); or
(C) 303tech’s Partner ceases to offer the Services to you; or
(D) 303tech reserves the right to delete any account, without notice, that has 3 months or more of inactivity (e.g., login, billing, sending and receiving email). In order to re-enable the Services, you will be required to register again.
12.4 Nothing in this Section shall affect 303tech’s rights regarding provision of Services under Section 3 of the Terms.
12.5 When these Terms have ended, all of the legal rights and obligations that you and 303tech have benefited from, shall be unaffected by this cessation, and the provisions of paragraph 17.5 shall remain in force to such rights, obligations and liabilities indefinitely.
12.6 If your account is suspended due to non-payment, for any reason, you will be required to pay the entire balance due plus an additional 6.5% of the total balance due prior to your account being re-enabled.
You are responsible for keeping billing information up to date. 303tech reserves the right to suspend an account if, for any reason, we are not able to process payment through the credit card or if a payment is outstanding.
13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT 303TECH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU FULLY UNDERSTAND AND AGREE TO USE THE SERVICES AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
13.3 IN PARTICULAR, 303TECH, ITS PARTNERS AND SUBCONTRACTORS, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.4 ANY CONTENT OR INFORMATION DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR INFORMATION.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 303TECH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.6 303TECH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU UNDERSTAND AND AGREE THAT 303TECH, ITS PARTNERS AND SUBCONTRACTORS, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH 303TECH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, OR YOUR FAILURE TO BACKUP, ANY DATA, ANY CONTENT, AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES, OR SERVICES CONDUCTED BY 303TECH;
(III) YOUR FAILURE TO PROVIDE 303TECH WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON 303TECH’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT 303TECH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Outside Content
15.1 303tech has no control of content provided by other companies through hyperlinks to other web sites or content or resources within the Services.
15.2 303tech is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16. Updates to the Terms
16.1 303tech may make changes to the Universal Terms or Additional Terms from time to time without notice. When these changes are made, 303tech will make a new copy of the Universal Terms available at http://www.303tech.com/terms-of-service/ and any new Additional Terms will be made available to you through the affected Services.
16.2 You understand and agree that if the Universal Terms or Additional Terms have changed, your use of the Services after the date of the new Terms will be your indication to 303tech of your acceptance of the updated Universal Terms or Additional Terms.
17.1 Agreements made by you with outside content providers will not affect the Terms of this agreement.
17.2 The Terms of this agreement represent the entire legal binding agreement between you and 303tech.
17.3 You understand and agree that 303tech may provide you updated legal notices and special terms, by email, regular mail, or within the Services.
17.4 If a court of law, having the jurisdiction determines any provision of these Terms is invalid, the invalid provision will be removed and the remaining provisions of the Terms will continue to be valid, unaffected, and enforceable.
17.5 This agreement and associated Terms shall be governed by the laws of the State of Colorado. You and 303tech agree to submit to the exclusive jurisdiction of the courts located within the county of Douglas County, Colorado to resolve any legal matter arising from the Terms.