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Verbots Online TERMS OF USE

This Agreement (the "Agreement") governs your access and use of Verbots Online facilities, software and services (the "Service"). In consideration for your right to access and use the Service, you and Verbots Online agree as follows:

YOU ACKNOWLEDGE AND AGREE THAT EACH THIRD PARTY USER OF THIS SERVICE MAY PROVIDE CONTENT AND STATEMENTS THAT ARE NOT MONITORED OR CENSORED BY VERBOTS ONLINE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VERBOTS ONLINE, ITS SUBSIDIARIES, ITS EMPLOYEES AND AFFILIATES DO NOT HAVE ANY CONTROL OVER THIRD PARTY USER ACTIVITIES, CONTENT AND STATEMENTS, AND THAT SUCH THIRD PARTY USERS ARE NOT ACTING ON VERBOT ONLINE’S BEHALF.

1. ACCEPTANCE OF TERMS

This Terms of Use Agreement is between you and Verbots Online and sets forth the terms and conditions governing your use of the Service. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. Verbots Online reserves the right to change these terms and conditions at any time. The changes will appear on this screen and are effective immediately. If you do not agree with any of the terms or conditions contained in this Agreement or with any future change to this Agreement, do not create an account, or cancel your existing account as new changes are posted.

2. THE Verbots Online SERVICE

The Verbots Online Service is an online application, enabling businesses and individuals to build and customize conversational agents for use on their web sites. You understand and agree that the Service is provided "AS-IS" and that Verbots Online assumes no responsibility for, among other things,
(a) any service outages or interruptions;
(b) the unavailability of particular features or services;
(c) the inability to access the Service;
(d) the failure or inability to post or change information to the Service;
(e) the deletion of materials posted to the Service; or
(f) the failure to store materials posted to the service.

3. INFORMATION PROVIDED

You understand that Verbots Online is already provided with answers to questions of general interest and knowledge., and that you accept these capabilities "AS-IS" without the ability to alter, change, amend or update them. You understand and agree that Verbots Online will not be able to answer any specific questions about you, your web site, your company, products or services unless you provide this information to Verbots Online. You agree that you will supply Verbots Online with the information that you want Verbots Online to provide to your users, that you will ensure that the information supplied is accurate, and that you will update the information as necessary to ensure that it remains accurate. Information provided to Verbots Online during your use of the Service is governed by the Verbots Online privacy policy that can be viewed by clicking here. You agree to immediately notify Verbots Online of any unauthorized use of your account or any other security breach known to you. Verbots Online has no access to user passwords, and forgotten or stolen passwords are the sole responsibility of users of the Service. You may request a new password to be issued, which will be emailed to your email account of record. In addition, you may retrieve a lost password by entering your username and answer to your secret question.

4. Verbots Online CONTENT

The Verbots Online Service contains a huge variety of information (the "Content"). Once any Content is entered into Verbots Online it is available to any member of the public using Verbots Online online. Please use caution and common sense when adding information to your Verbots Online. You understand and agree that you will be solely responsible for any Content that you transmit via the Service. You acknowledge that Verbots Online is not responsible for, does not control, does not endorse and does not verify the Content posted by you and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Verbots Online be liable in any way to you or the users of your Verbots Online for any Content, including, but not limited to, any errors or omissions in any Content or any loss, damage or injury of any kind incurred by you or your users as a result of the use of any Content posted or otherwise transmitted via the Service. You acknowledge that Verbots Online does not pre-screen Content, but agree that Verbots Online shall have the right (but not the obligation) to access any Content, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Verbots Online shall have the right to access any user's Content and remove or restrict access to any Content that violates this Agreement or that Verbots Online believes is otherwise objectionable. You acknowledge and agree that Verbots Online may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Verbots Online, its users and the public.

5. USER CONDUCT

You agree to not use the Service to:


(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation;
(d) impersonate any person or entity, including, but not limited to, an Verbots Online official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; or
(f) interfere with or disrupt the Service or computer servers accessible through the Service.

If you do use the Service to commit any of the above, Verbots Online may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service, and/or remove and discard any Content within the Service.

6. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE

You agree that Verbots Online may modify, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the number and/or content of the questions in the Agent Information Template or the maximum number of Questions and Answers that you may script via the Agent Scripting Interface. You acknowledge that Verbots Online has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. MODIFICATION AND TERMINATION OF SERVICE

Verbots Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Verbots Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Verbots Online, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation,
(a) that you have violated or acted inconsistently with this Agreement;
(b) that you are not in compliance with the Verbots Online privacy policy; or
(c) that you have violated the rights of Verbots Online or other users or parties.
You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Verbots Online shall not be liable to you or any third-party for any termination of your use or ability to access the Service. In furtherance of this paragraph, Verbots Online reserves the right to take any action it deems necessary with respect to your Verbots Online or user account if we have reason to believe it may cause us to lose the services of any of our suppliers or negatively impact the Verbots Online name and/or market image.

8. OTHER WEB SITES AND RESOURCES

Verbots Online, as well as other parties using the Service may provide links or access to other web sites and resources. Because Verbots Online has no control over such sites and resources, you acknowledge and agree that Verbots Online is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Verbots Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. DATA STORAGE

You understand and agree that all data collected using the Service will be stored on the Verbots Online servers. Verbots Online assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service.

10. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content which you have input yourself.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Verbots Online EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Verbots Online MAKES NO WARRANTY THAT, (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND THAT OF YOUR USERS.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY Verbots Online.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Verbots Online 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 Verbots Online 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 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) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(e) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT Verbots Online IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. HOWEVER, THE PARTIES HERETO INTEND THAT EACH SECTION OF THIS AGREEMENT SHOULD BE VIEWED AS SEPARATE AND DIVISIBLE, AND IN THE EVENT THAT ANY SECTION, PROVISION, AGREEMENT OR CONDITION OF THIS AGREEMENT SHALL BE HELD TO BE INVALID, VOID, OR UNENFORCEABLE, SUCH SECTION, PROVISION, COVENANT OR CONDITION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND THE REMAINDER OF THE PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL IN NO WAY BE AFFECTED, IMPAIRED OR INVALIDATED.

14. INDEMNITY

You agree to indemnify and hold Verbots Online, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including court costs and reasonable attorneys' fees, made by any third party due to or arising out of Content you transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

15. NOTICES

Notices to you may be made via email fax or regular mail. Verbots Online may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

16. LEGAL DISPUTES

This Agreement and your relationship with Verbots Online shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Verbots Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, USA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. GENERAL

This Agreement constitutes the entire agreement between you and Verbots Online with respect to the Service and supersedes all prior agreements and understandings between you and Verbots Online. the Verbots Online failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 13, 14, 15, 16 and 17 of this Agreement shall survive any termination of the Agreement. If you are a California resident, you may have a copy of this Agreement emailed to you by sending a letter to Verbots Online, 3806 Cross Creek Road, Malibu, CA 90265 Attn: Terms & Conditions with your email address and a request for the Agreement.

18. OFFICIAL LANGUAGE - ENGLISH

This Agreement and Verbots Online is developed in English and may be translated into other languages. To the extent a translation of the agreement or the site is provided, it is afforded as a convenience only. For all purposes, only the English version of this agreement, and the English versions of Verbots Online shall be official and binding on the parties. Verbots Online is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read and understand the English text and you agree that you may not rely on translations provided as official documents or representations.

By logging in to this site, you accept the Terms of Use and Privacy Policy governing this site. Please read them carefully.