Terms of Service
Effective Date: January 1, 2013
The following “Terms of Service” govern your use of the Account Legal web site (“Service”) made available by RochApps, LLC. (“RochApps”):
1. Limited License & Use of the Service
- You are granted a non-exclusive, non-transferable, limited license to access and use the Service.
- RochApps does not review or pre-screen the contents of electronic data uploaded or posted to the Service (“Content”) by Authorized Users (as defined below), and RochApps claims no intellectual property rights with respect to the Content.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheets (“CSS”) or any visual design elements without the express written permission from RochApps.
- You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, RochApps, or any other software or service provided by RochApps.
- You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
- You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
- The Service is protected by USA and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with RochApps.
- RochApps reserves the right, at any time, if your bandwidth usage exceeds 5 gigabytes per month (4Gb/month), or significantly exceeds the average bandwidth usage of other Authorized Users (as determined solely by RochApps), to immediately disable your subscription or throttle your file hosting until you can reduce your bandwidth consumption.
- RochApps reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
- RochApps reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.
2. Access to the Service
- You are only permitted to access and use the Service if you are an Authorized User. “Authorized User” means an individual subscriber or the partners, members, employees, temporary employees, and contractors of an organization with a subscription to the Service (“Subscriber”). Authorized Users are required to provide their full legal name, a valid email address, and any other information requested by the Service.
- User credentials shall only be used by the Authorized User to whom they belong, and shall not be shared with, or used by any other person, including other Authorized Users.
- Each user can manage the list of active Authorized Users associated with the subscription and will be able to deactivate an active User account if the User wishes to terminate access to the Service for any particular user.
- Subscribers are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
- All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
- Notwithstanding section 2(5), Authorized Users are permitted to access and use the Service using an Application Program Interface (“API”) subject to the following conditions:
- (a) any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is governed by these Terms of Service;
- (b) RochApps 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 RochApps has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Service via an API;
- (c) Excessive use of the Service using an API may result in temporary or permanent suspension of access to the Service via an API. RochApps, in its sole discretion, will determine excessive use of the Service via an API, and will make a reasonable attempt to warn Authorized User prior to suspension; and
- (d) RochApps reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice.
- RochApps may offer trial or free subscriptions to the Service funded by advertisements. RochApps reserves the right at any time to modify or discontinue, temporarily or permanently, such subscriptions, with or without notice.
3. Security of Passwords
- Authorized Users and Subscribers shall be responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.
- Subscribers will implement policies and procedures to prevent unauthorized use of Usernames, and will promptly notify RochApps, upon suspicion that a Username has been lost, stolen, compromised, or misused.
4. Payment, Refunds and Subscription Changes
- Subscribers with paying subscriptions will be charged monthly, semiannualy or annually. Subscriptions canceled prior to the processing of the first invoice, will not be charged. Such Subscribers will thereafter be charged in advance, and the charge is non-refundable.
- No refunds or credits will be issued for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active subscription.
- There are no charges for canceling a subscription, and paying subscriptions canceled prior to the end of the current month will not be charged again in the following month.
- The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
- All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
5. Cancellation and Termination
- Subscribers are solely responsible for canceling their subscription. Subscribers may cancel their subscription at any time by giving written notice of their intent to cancel their account by email.
- RochApps in its sole discretion, has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it.
- Upon cancellation or termination of a subscription, all Content associated with such subscription will remain available for a period of six months upon cancellation or termination of a subscription.
6. Limited Warranty and Limitation of Liability
- The Service is provided on an “as is”, “as available” basis and RochApps expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
- RochApps, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of RochApps or its affiliates does not warrant that:
- (a) the Service will meet any specific requirements;
- (b) the Service will be uninterrupted, timely, secure, or error-free;
- (c) the results that may be obtained from the use of the Service will be accurate or reliable;
- (d) the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
- (e) any errors in the Service will be corrected.
- RochApps, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of RochApps or its affiliates, 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 RochApps has been advised of the possibility of such damages), resulting from:
- (a) the use or the inability to use the Service;
- (b) the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
- (c) any unauthorized access to or alteration of Authorized User transmissions or Content;
- (d) any price change, suspension or discontinuance of the Service;
- (e) any loss of Content, modification to a feature or to the Service itself;
- (f) any loss of Content subsequent to a cancellation or termination of a subscription to the Service;
- (g) statements or conduct of any third party on the Service; or
- (h) any other matter relating to the Service.
- You acknowledge and agree that RochApps may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted 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 RochApps to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- The Terms of Service constitutes the entire agreement between you and RochApps and govern your use of the Service, superseding any prior agreements between you and RochApps (including, but not limited to, any prior versions of the Terms of Service).
- You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of RochApps.
- These Terms of Service shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein.
8. Governing Law
This TOS shall be construed in accordance with and governed by the laws of the United States and the State of North Carolina, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Orange, North Carolina, USA in all disputes arising out of or related to the use of the Site or Service.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TOS AND AGREE TO BE BOUND BY THEM.