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Effective Date: February 20, 2020
Welcome to the Laserfiche website (the “Site”). Laserfiche is pleased to offer you a wide-range of resources, products and content, including Beta Services (“Services”).
PLEASE READ THESE TERMS CAREFULLY BEFORE UTILIZING THIS SITE. YOU AGREE THAT DISPUTES BETWEEN YOU AND LASERFICHE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT AS A PLAINTIFF IN ANY CLASS ACTION DISPUTE UNLESS YOU OPT OUT IN ACCORDANCE WITH THE ARBITRATION PROVISION SET FORTH IN SECTION 14 BELOW.
If you are entering into the terms of this Policy on behalf of a company, organization or another legal entity (an “Entity“), you are agreeing to this Policy for that Entity and representing to Laserfiche that you have the authority to bind such Entity and its affiliates to this Policy, in which case the terms “you” or related terms herein shall refer to such Entity and its affiliates. If you do not have such authority, or if you do not agree with this Policy, you must not accept these terms and may not use the Site or Service.
Any information and data available through the Site is provided solely to enable you to learn about Laserfiche and the Services. You agree to use the Site and Services in accordance with its purpose. To the extent that Laserfiche provides downloadable software, open source software, software as a service offerings, or any other such software product or service, from any Laserfiche operated website or reseller (“Software”), such Software is subject to all agreement(s) that are included with or accompanies the Software, and other terms and conditions that may apply. All Software is provided as-is for evaluation, licensed use, and internal use only. Software may be time-disabled and may cease to operate after a period of time. Software may not be modified or altered in any way. Software may not be redistributed unless specifically authorized in writing by a representative of Laserfiche.
You agree to use our Site or Services responsibly and agree not to use the Site or Services in any unauthorized way, including but not limited to, unlawfully gain access to another person’s or entity’s information, make any copies, adaptations, modifications, alterations, or reconfiguration of Software, unless otherwise agreed to in a formal written agreement. Please do not copy, download, upload, or share content unless you have the right to do so. You further agree not to use the Site or Services in any way that is otherwise in violation of these Terms or applicable law. You may use our Services only as permitted by law, including export control laws and regulations.
Laserfiche may review your conduct and content for compliance with these Terms. Laserfiche is not responsible for the content users post and share via our Services.
If you provide Laserfiche with any Submissions, you agree and acknowledge that you assign all rights in the Submissions to Laserfiche and that we have the right to use any Submissions in any way we see fit. You agree that you will not provide to Laserfiche any Submissions that you consider to be confidential or proprietary.
Each time you provide Submissions to Laserfiche, you represent and warrant to Laserfiche that you have the right to submit the Submissions, and by submitting it you will not be infringing any rights of any third party, including intellectual property rights (e.g., copyright, trademark or patent), privacy or publicity rights, rights of confidentiality, or any other contractual obligations.
Subject to Section 11, Laserfiche sometimes makes available products and features that are still being developed, tested and evaluated (“Beta Services”) to a limited group of users without any compensation or reimbursement of any kind. Laserfiche expressly represents that Beta Services are not final products and, as such, are provided “AS IS.” The Beta Services have generally not been released for sale, distribution or any use by the general public, and may not be as reliable as Laserfiche’s other services. Laserfiche provides no assurance that any specific errors or discrepancies in the Beta Services will be corrected, and we are under no obligation to provide any updates, technical support, maintenance or any other services for Beta Services. Beta Services are made available so that we can collect information related to quality, usability, performance, identification of defects, and user feedback (collectively, “Feedback”). By using our Beta Services, you agree that we may collect Feedback from you as part of testing and evaluation, and you agree that: (a) Laserfiche may freely use such Feedback for any purpose; and (b) you will not give Laserfiche any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any Laserfiche product incorporating or derived from any feedback, or other Laserfiche intellectual property, to be licensed to or otherwise shared with any third party. In the event you request to opt out, your participation in the Beta Services will be canceled and Laserfiche will stop collecting Feedback from you.
Beta Services are confidential until official launch. Laserfiche owns all legal right, title and interest in and to the Beta Services. You agree to prevent any unauthorized copying of the Beta Services.
When you use our Services, you may provide us with data including but not limited to files, content, videos, photographs, messages, and contacts (“Content”). Your Content is yours and these Terms do not grant Laserfiche any rights to yourContent except for the limited rights that enable us to offer and provide our Services to you. When you use our Services, you agree to provide Laserfiche, including our affiliates and trusted third parties, an irrevocable, perpetual (non-exclusive), worldwide license to use, host, store, reproduce, copy, adapt, encode, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute, transmit, process, and disclose your Content and other information we may obtain as part of your use of the Services. Without those rights, we could not offer our Services. Please note that this license continues even if you stop using our Services. In addition, you represent and warrant that you have the necessary rights to grant us this license for any Content that you provide us as part of the Services.
Laserfiche does not accept or consider unsolicited ideas, which includes, but is not limited to, new or improved products or technologies, product improvements, ideas advertising or promotion campaigns, processes, materials, marketing plans or new product names.
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to Laserfiche or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Laserfiche’s products, services, features, or marketing strategies might seem similar to ideas submitted to Laserfiche. If, despite our request that you not send us your ideas, you still submit your ideas to Laserfiche, then regardless of what your communication to Laserfiche says, these Terms will apply to your submission(s).
The Site, Services, and Software, and other Laserfiche features, are protected by intellectual property rights of either Laserfiche or a third party licensor. Laserfiche reserves all rights to its trademarks, trade names, service marks, and logos (collectively, “Laserfiche Marks”). For information on trademark use and the Laserfiche brand, please visit our Trademark and Brand Usage Guidelines here.
In addition, we reserve the right to delete or disable content alleged to be infringing the intellectual property rights of others and terminate accounts of infringers. To report or submit a notice of alleged copyright infringement, please see our contact information under Section 17.
You agree to defend, indemnify and hold harmless Laserfiche, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to any use of Laserfiche’s content, services and products.
The Site and Services are provided as-is and as available. Compulink Management Center, Inc. dba Laserfiche and its shareholders, affiliates, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors, whether jointly or severally (“Laserfiche Entities”), expressly disclaim any warranties and conditions of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
Neither Laserfiche nor any person associated with Laserfiche makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site or Services. Without limiting the foregoing, neither Laserfiche nor any person associated with Laserfiche represents or warrants that the Site or Services or items obtained through the Site or Services will be accurate, reliable, error-free or uninterrupted, that our Site or the server that makes the Site available are free of harmful components, such as viruses, or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain damages, or the disclaimer or waiver. To the extent that they are held to be legally invalid, or if Laserfiche may not, as a matter of law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Laserfiche’s liability will be the minimum permitted under such applicable law. All other terms will remain in full force and effect.
In no event will Laserfiche Entities be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, Services, any websites linked to the Site, any content or information received through the Site, whether it be direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of use, data, business or profits, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract (foreseeable or otherwise), and on any theory of liability, arising out of or in connection with the Site, Services, or any other such provision by Laserfiche. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
In the event that you have any basis to recover damages in any circumstance related to Services or breach of these Terms, you agree that our maximum liability to you, arising out of or in connection with the Site or Services will not exceed in aggregate the total amount paid by you to us in respect of the amounts paid in the month preceding any such claim. The existence of more than one claim will not increase such limitation of liability.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
If any provision of these terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under relevant law.
Laserfiche hopes that we don’t have a dispute and we are open to resolving any issues informally. At Laserfiche’s sole discretion, it may require you to submit any disputes arising from these Terms or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You agree to submit to arbitration in Los Angeles, California.
Neither you or Laserfiche will enter class arbitration or bring any claims as a plaintiff or class member in any class or representative arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement or this agreement will remain in force. You will have the right to opt out of this agreement to arbitrate by providing written notice of your intention to opt out within 30 days after the Effective Date of the latest Terms. .
All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the state of California without giving effect to conflicts of law principles.
Any legal suit, action or proceeding arising out of, or related to, these Terms will be instituted exclusively in the federal courts of the United States or the courts of the County of Los Angeles in the State of California. You waive any and all objections to the exercise of jurisdiction and venue over you by such courts to the extent enforceable under relevant law.
We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services or Site. These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Laserfiche’s successors and assigns. Persons who are 18 years or younger, or not of the age of majority, may not use the Site or Services thereunder, and we ask that no information in relation to such persons be submitted to Laserfiche. The English language version of these Terms and any notice or other document relating to these Terms shall prevail if there is a conflict or discrepancy between the English and any other language version of these Terms, except where the document is a constitutional, statutory or other official document.
Compulink Management Center, Inc. d/b/a Laserfiche ATTN: Legal Department 3545 Long Beach Blvd. Long Beach, CA 90807 USA firstname.lastname@example.org