OrgChart5 Terms of Service

These Terms of Service are effective as of August 1, 2013.

By using the OrgChart5.com service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

OrgChart5 reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The most current version of the Terms of Service is posted on the OrgChart5.com web site.

Violation of any of the terms below will result in the termination of your Account. While OrgChart5 prohibits such conduct and Content on the Service, you understand and agree that OrgChart5 cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be at least 13 years old to use the Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as permitted by your plan.
  5. You are responsible for maintaining the security of your account and password. OrgChart5 cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have user accounts under your account).
  7. 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).

Subscription Plans

  1. You acknowledge that your account is associated with a specific subscription plan.
  2. A plan may limit access to certain features.
  3. A plan may limit the number of unique records (typically employee records) that can be charted within the associated account.
  4. A plan may limit the maximum amount of storage that can be used by a given account.
  5. OrgChart5 reserves the right to audit any account at any time. If a plan limit is exceeded, you will be required to upgrade your plan to match the required record count or storage need. If do not pay the upgrade fee to OrgChart5 within fifteen (15) days of demand, OrgChart5 may disable your account without refunding any subscription fees.

Payment, Refunds, Upgrading and Downgrading Terms

  1. If you don’t cancel your account 30 days prior to expiration of your annual subscription, you will billed for the next annual subscription period. If a credit card was used for payment, that credit card will automatically be billed to renew your annual subscription.
  2. The Service is billed in advance on an annual basis and is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. Downgrading your Service may cause the loss of features or capacity of your account. OrgChart5 does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. If you do not receive confirmation within 5 business days of canceling your account, email support@orgchart5.com to confirm cancellation of your account.
  2. All of your content will be immediately deleted from the Service upon cancellation. OrgChart5 does not guarantee that your information can be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your subscription period, your cancellation will take effect immediately and you will not be charged for the next subscription period.
  4. OrgChart5, in 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 OrgChart5 service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account. Your content may also be deleted. OrgChart5 does not guarantee that the content can be recovered once your account is deleted.
  5. OrgChart5 reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. OrgChart5 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.
  2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 day notice from us. Such notice may be provided at any time by posting the changes to the OrgChart5.com web site.
  3. OrgChart5 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service is must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  3. OrgChart5 does not pre-screen Content, but OrgChart5 and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  4. The look and feel of the Service is copyright©2013 OrgChart5, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from OrgChart5.

Agreement to Arbitrate

  1. You and OrgChart5 each agree that any and all disputes or claims that have arisen or may arise between you and OrgChart5 relating to your use OrgChart5’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
  2. You agree to resolve any dispute within the city of San Francisco, California.
  3. You agree to arbitration under American Arbitration Association's rules for arbitration.
  4. You agree that any claim you may have arising out of or related to your relationship with OrgChart5 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  5. These Terms of Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders. OrgChart5 reserves the right to determine the communication methods (e.g. email, chat, telephone, etc.) that are used for technical support.
  3. You understand that OrgChart5 uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. All hosting partners are required to meet or exceed industry standards with respect to information security best practices.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OrgChart5, or any other OrgChart5 service.
  5. 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 OrgChart5.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OrgChart5 customer, employee, member, or officer will result in immediate account termination.
  8. If your bandwidth usage exceeds 100 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by OrgChart5), we reserve the right to immediately disable your account or throttle the service until you can reduce your bandwidth consumption.
  9. OrgChart5 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, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  10. You expressly understand and agree that OrgChart5 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 OrgChart5 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  11. The failure of OrgChart5 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OrgChart5 and govern your use of the Service, superseding any prior agreements between you and OrgChart5 (including, but not limited to, any prior versions of the Terms of Service).
  12. You agree not to reverse engineer, decompile, or disassemble the software in whole or in part, or otherwise reconstruct or discover any source code to the software, or attempt to do so, except and only to the extent that such activity cannot be restricted under applicable law. You agree not to translate or modify the software in any way or create derivative works of the software, or attempt to do so.
  13. You agree not to use the Software on a service bureau, application service provider, or time sharing basis.
  14. Customer may not assign or transfer its rights or obligations under this Agreement, except that Customer may assign the Agreement to a successor to its business that results from a sale of substantially all of Customer's assets, merger, or similar transaction, provided that the assignee agrees in writing to be bound by this Agreement.
  15. Questions about the Terms of Service should be sent to support@orgchart5.com.

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