Terms Of Service

Terms of Service

 

Welcome to Orgzee! These Terms of Service (the “Terms”) and our Privacy Policy govern Your access to and use of the Orgzee services and the Orgzee website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, “Orgzee”.) “You” refers to any individual that signs up for this Service, or, the legal entity the individual is authorized to represent.

Acceptance of Terms

By using Orgzee, You are agreeing to these Terms. If You do not agree to these Terms, do not use Orgzee. If You are using Orgzee on behalf of an organization such as Your employer, You are agreeing to these Terms on behalf of that organization, and represent and warrant that You have the authority to agree to these terms on the organization’s behalf. In that case, “You” and “Your” will refer to that organization.

 

We may periodically revise the Terms. If a revision is material, as determined soley by us, we will notify You for example via email. The current version of our Terms, will always be posted on our Terms page. By continuing to use Orgzee after revisions become effective, You are agreeing to the revised Terms. If You do not agree to the revised Terms, please stop using Orgzee.

Your Orgzee Account

To use Orgzee, You will need to create an account by providing Your name and email address. A one time use only password will be sent to the email address You provided after You create Your account. You can change Your password to anything You want after You sign in to Your account. You are responsible for protecting Your Orgzee login credentials. You are responsible for any activity on Your account, whether or not You authorized that activity. You should immediately notify us of any unauthorized use of Your account.

Kids Under 13 and Orgzee

Orgzee is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Orgzee relies on parents and guardians to ensure that minors only use Orgzee if they can understand their rights and responsibilities as laid out in these Terms of Service and in our Privacy Policy.

User Content

We do not claim any ownership over content You submit or upload to this Service. However, You agree that Orgzee can store and use the content to provide this Service.

 

You agree that You are fully responsible for the content that You submit or upload, and have the necessary permissions to do so.  You can remove Your content by deleting it. However, in certain instances, some of Your content may not be completely removed (when Your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of Your content, or the failure to remove or delete such content.

You are solely responsible for Your content and indicate that You own or have the necessary rights to all of Your content, and that use of Your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Infringement

We respect the intellectual property rights of others, and expect You to do the same.

It is our policy to terminate the Orgzee account of anyone who repeatedly infringes the copyright or intellectual property rights of others.

Your Use of Orgzee

Orgzee is owned by MavsterLabs LLC. is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may only use Orgzee as permitted by law, including all applicable federal, state, local or international laws and regulations. You agree that You will not attempt to hack into this Service or on purpose try to overload or disrupt it. If We suspect that You do so, You agree that Your account may be suspended or removed without warning.

Intellectual Property Rights

You agree that You will respect the copyright of the source code for this Service.

You agree that You will not try to reverse engineer the source code for this Service.

You agree that You will respect the Orgzee trademark.

Termination

We may terminate or modify Your access to and use of Orgzee, at our sole discretion, at any time and without notice to You, for example, if You are not complying with these Terms, or if You use Orgzee in any way that would cause us legal liability or disrupt others’ use of Orgzee.

Likewise, You may cancel Your account at any time.

Warranty Disclaimers

ORGZEE IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MavsterLabs LLC. will have no responsibility for any harm to Your computer system, loss or corruption of data, or other harm that results from Your access to or use of Orgzee. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to You.

Indemnity

You will hold harmless and indemnify MavsterLabs LLC. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Orgzee or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAVSTERLABS LLC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MAVSTERLABS LLC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ORGZEE MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO MAVSTERLABS LLC. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If You are in one of these jurisdictions, these limitations may not apply to You.

 

General Terms

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between You and MavsterLabs LLC., and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. MavsterLabs LLC.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of Your rights in these Terms without our written consent, and any such attempt will be null and have no effect. MavsterLabs LLC. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Beta Test Agreement

This portion only applies to individuals participating as Beta Testers.

This Beta Test Agreement (“Agreement”) governs the disclosure of information by

Orgzee, which is owned by MavsterLabs LLC. (“Company”) to the “Recipient” who is the Beta Tester and Recipient’s use of Company’s beta service offering.

 

  1. Subject to the terms and conditions of this Agreement, Company grants

Recipient a nonexclusive, nontransferable license to use the Company service (“Service”) for a period designated by the Company for the purpose of testing and evaluating the Service.    

 

  1. The Recipient agrees that it will at all times will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Company and will use the Confidential Information for no purpose other than evaluating the Service. The Recipient shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. “Confidential Information” means all non-public materials and information provided or made available by Company to Recipient, including products and services, information regarding technology, know-how, processes, software programs,

research, development, financial information and information the Company provides regarding third parties. 

 

  1. The Recipient’s obligations under this Agreement with respect to any portion of the Confidential Information shall terminate when the Recipient can document that:

(a) it was in the public domain at the time it was communicated to the Recipient;

(b) it entered the public domain subsequent to the time it was communicated to the Recipient through no fault of the Recipient;

(c) it was in the Recipient’s possession free of any obligation of confidence at the time it was communicated to the Recipient; (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient; or

(e) it was developed by employees or agents of the Recipient who had no access to any information communicated to the Recipient. After Recipient’s evaluation of

the Service is complete, or upon request of the Company, the Recipient shall promptly return to the Company all documents, notes and other tangible materials and return or certify the destruction of all electronic documents, notes, software, data, and other materials in electronic form representing the Confidential Information and all copies thereof.

  1. The Recipient agrees that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right.  The Recipient shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Service.  The Recipient will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Service.
  1. This Service is a beta release offering and is not at the level of performance of a commercially available product offering.  The Service may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future.  THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH RECIPIENT. 
  2. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT RECIPIENT ACTUALLY PAID COMPANY UNDER THIS AGREEMENT (IF ANY).
  1. The Recipient’s obligations under this Agreement shall survive any termination of this agreement. This Agreement shall be governed by and construed in accordance with the laws of California. The Recipient hereby agrees that breach of this Agreement will cause Company irreparable damage for which recovery of damages would be inadequate, and that the Company shall therefore be entitled to obtain timely injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.  The Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.

Contact Information

If You have any questions about these Terms, please contact us at support@orgzee.com