Polydojo

These Terms of Service are a contract between you and Polydojo, Inc. (referred to in these Terms of Service as "Polydojo", "us", "we" or "our"), the provider of the Polydojo website and the services accessible from the Polydojo website (which are collectively referred to in these Terms of Service as the "Polydojo Service").

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Polydojo Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Your Account

• Humans Only. Your account must be registered by a human being. Accounts registered by "bots", "spiders" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
• Registration Information. You must provide a valid permanent email address, along with any other information required by Polydojo during the registration process. One person or legal entity may not maintain more than one free account.
• Your Password. You are solely responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
• Restrictions. You may not use the Polydojo Service for any illegal or unauthorized purpose. You must not, in the use of the Polydojo Service, violate any laws in your jurisdiction, including, among other things, by:
  • distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
  • covering or obscuring any notice, legend, warning or banner contained on the Polydojo Service;
  • interfering with or circumventing any security feature of the Polydojo Service or any feature that restricts or enforces limitations on use of or access to the Polydojo Service;
  • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
  • being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Polydojo in its sole discretion;
  • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information;
  • sending unsolicited email;
  • using a form (that you create via the Polydojo Service) inside or in conjunction with unsolicited email;
  • running scams that attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a form as a money-making scheme on a classified ads site, setting up illegal lotteries, collecting donations for non-existent charities, etc.; or
  • creating form(s) for deceptively obtaining sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information.

Payment, Refunds, Upgrading and Downgrading

A valid credit card is required for paying accounts unless your company pays for services annually, in which case, alternate billing arrangements may be made. Free accounts are not required to provide a credit card number.

The Polydojo Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (as detailed below). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Polydojo Service or payments made by you in connection with your use of the Polydojo Service.

30-day money back guarantee

If for any reason, you are unhappy with your Polydojo purchase, we offer a 30-day money back guarantee. If you decide not to use Polydojo in your business within 30 days from your first payment, you may request a full refund. This applies to both annual and monthly subscriptions.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Polydojo has no obligation to prescreen or monitor your access to or use of the Polydojo Service or any information, materials or other content provided or made available through the Polydojo Service, but has the right to do so. You hereby agree that Polydojo may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the "Billing" page. The Account Owner, and in some cases Administrators with permission, are the only Users with access to this page.

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Polydojo for a 14-day period. Cancelled accounts cannot be recovered or restored from Polydojo following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.

Termination

Polydojo reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.

Polydojo, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Modifications to the Polydojo Site and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Polydojo Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all Polydojo Service plans are subject to change. If Polydojo does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least two (2) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Polydojo Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Polydojo Service. Your continued use of the Polydojo Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Polydojo Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your Polydojo Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Polydojo Service to you.

Similarly, any reporting data we collect from your use of the Polydojo Service remains yours. By using the Polydojo Service you agree that we can use this data to provide the Polydojo Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Polydojo Service.

The contents of the Polydojo Service are copyrighted under the United States copyright laws (© 2017-2018 Polydojo, Inc.). Polydojo, and the Polydojo logos, are trademarks of Polydojo and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Polydojo Service.

Except as otherwise expressly permitted in these Terms of Service, you will not: (a) reproduce, modify, adapt or create derivative works of the Polydojo Service; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Polydojo Service to a third party; (c) use the Polydojo Service for the benefit of any third party; (d) incorporate any part of the Polydojo Service into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Polydojo Service intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any part of the Polydojo Service, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in any part of the Polydojo Service; (h) use the Polydojo Service for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Polydojo Service; or (j) encourage or assist any third party to do any of the foregoing.

Any feedback, comments, or suggestions you may provide regarding the Polydojo Service ("Feedback") is entirely voluntary and we will be free to use such Feedback as we see fit and without any obligation to you. No Feedback will be considered your Confidential Information (as defined below), and nothing in these Term of Service limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

Confidentiality

Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as "Confidential Information" of the Disclosing Party). Confidential Information of Polydojo includes non-public information regarding features, functionality and performance of the Polydojo Service. Your Confidential Information includes non-public data provided by you to Polydojo to enable the provision of the Polydojo Service. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except in performance of the Polydojo Service or as otherwise permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the cancellation/termination of your account or with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Confidential Information of the Disclosing Party or (e) is required to be disclosed by law.

Account Access

In some cases, it is necessary for Polydojo employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Polydojo employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Payment Integration

If you use the Poldyojo Service to collect payments via an integration with a third party payment processor such as Stripe or PayPal, you agree to fully abide by the terms and conditions imposed by the third party payment processor; and you further agree that IN NO EVENT will Polydojo be liable with regard to any disputes related to your collection of payments (via the third party payment processor).

Indemnification

You agree to indemnify and hold Polydojo, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Polydojo Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The Polydojo Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Polydojo is a distributor and not a publisher of the content supplied by third parties; as such, Polydojo exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Polydojo Service. Without limiting the foregoing, Polydojo specifically disclaims all warranties and representations in any content transmitted on or in connection with the Polydojo Service or on sites that may appear as links on the Polydojo Service, or in the products provided as a part of, or otherwise in connection with, the Polydojo Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Polydojo or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Polydojo does not warrant that the Polydojo Service will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Polydojo will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Polydojo Service, whether or not Polydojo is advised of the possibility of such damages. You acknowledge and agree that Polydojo's maximum liability to you will not exceed the amount you have paid Polydojo in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Polydojo Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction and Venue

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Delaware, USA without regard to its conflicts of laws provisions or the United Nations Convention on the International Sale of Goods. You irrevocably consent to the exclusive jurisdiction of the courts of Delaware and the federal courts situated in Delaware in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Polydojo. Polydojo will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Polydojo Service do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Polydojo Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Polydojo concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.