ExpressTech International, LLC
Please read this Terms of Service (this "TOS") carefully before using the software plugin of ExpressTech International, LLC, dba "Fishbowl" (collectively, together with its successors and assigns, "Fishbowl"). By using the Fishbowl software plugin (the "Plugin"), you are agreeing to be bound by the terms of this TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by you and Fishbowl. If you do not agree to the terms of this TOS, do not use the Plugin. If you do not agree to the terms of the License, do not register or subscribe for the Plugin.
The Plugin is being made available to you only pursuant and subject to the terms and conditions of the SLA, and Fishbowl reserves all rights not expressly granted to you under the TOS.
Fishbowl may modify the terms of the TOS in its sole discretion at any time without notice to you, and you agree to be bound by such modifications. Your continued use of the Plugin after any such modifications shall constitute your consent to such changed terms. Unless otherwise expressly stated, any updates, fixes, enhancements or new features added to or released in connection with the Plugin hereafter are subject to the TOS.
The Plugin is provided by Fishbowl on an "AS IS" and "AS AVAILABLE" basis. You may experience downtime in the availability of the Plugin for various reasons. You also understand that your information may be transferred unencrypted over the Internet or other open or shared networks. Notwithstanding the above and other risks, you accept and agree that your use of the Plugin is at your sole risk.
You must be at least thirteen (13) years of age to use the Plugin. You must provide your current, accurate identification, contact and other information that may be required as part of the registration process and/or continued use of the Plugin. You are responsible for maintaining the confidentiality of your password and account with Fishbowl, and are responsible for all activities that occur thereunder. Fishbowl reserves the right to refuse Plugins to anyone at any time without notice for any reason.
Fishbowl expressly reserves the right to modify, suspend or discontinue the Plugin, in whole or in part, at any time for any reason with or without notice.
Please refer to your Order Form and Sales Agreement for policies concerning cancellation and/or termination.
You acknowledge that Fishbowl owns all right, title and interest in and to the Plugin, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify or create derivative works from the Plugin. Fishbowl claims no intellectual property rights over, nor any responsibility for, information or other content you provide to the Plugin.
You agree that you will use the Plugin only in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, and you shall not authorize or knowingly allow anyone else to: (a) use the Plugin to upload, transmit or otherwise distribute any content that (1) is unlawful, defamatory, harassing, abusive, fraudulent or obscene, (2) contains viruses, or (3) is otherwise objectionable as reasonably determined by Fishbowl; (b) use the Plugin for any fraudulent or inappropriate purpose; (c) duplicate, reproduce, decompile, reverse engineer, disassemble or exploit any part of the Plugin without the express written permission of Fishbowl; (d) resell, rent, lease, lend, redistribute or sublicense the Plugin in whole or in part; or (e) use any spider, robot or other automated device or manual process to monitor or copy any content from the Plugin. Breach of any of the foregoing may result in immediate termination of your access to the Plugin, and may subject you to civil or criminal penalties and/or other legal consequences.
Fishbowl does not warrant that (a) the Plugin will meet your requirements or expectations, (b) the Plugin will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (c) bugs or errors will be corrected, (d) the mathematical calculations performed by the Plugin are accurate. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Fishbowl 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 Fishbowl has been advised of the possibility of such damages), resulting from your usage of the Plugin. Without limiting the generality of the foregoing, you agree that in the event Fishbowl is ever held to be liable to you for any reason in connection with the Plugin, you agree that such liability shall be limited to the amount which you actually paid Fishbowl for the Plugin.
You agree to indemnify and hold harmless Fishbowl and each of its affiliates and each of their respective officers, directors, employees and agents from and against any third party claim arising from or in any way related to your use of the Plugin, including any and all liabilities, costs or expenses (including without limitation litigation costs and attorneys’ fees) arising from any claims, losses, damages (actual or consequential), suits or judgments of any kind or nature. In any such event, Fishbowl will notify you in writing of such claim, suit or action. You agree that Fishbowl’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Should there be any inconsistencies between the TOS and the Order Form and Sales Agreement, the Order Form and Sales Agreement supersedes.