Terms of Service

"Client" is any user of the service. By using the service, you agree to these terms.

"Vendor" is Forensic Project Management, Inc.

Use of the Service

Client is responsible for all activities and Electronic Communications conducted by its Authorized Users and for its Authorized Users' compliance with this Agreement, including the content of all Client Data.

Client will not:

• (a) sell, lease, license or sublicense the Service unless authorized to do so by VENDOR agreement;
• (b) introduce into or transmit through the Service any virus, worm, trap door, back door, and other harmful or malicious code, files, scripts, agents, or programs;
• (c) transmit or store infringing material in the Service;
• (d) send any Electronic Communication from the Service that is unlawful, harassing, libelous, defamatory or threatening;
• (e) upload or distribute of any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service;
• (f) probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service;
• (g) take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Service;
• (h) access or use any other clients' or their users' data through the Service;
• (i) maliciously reduce or impair the accessibility of the Service;
• (j) use the Service to post, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, hateful, or otherwise objectionable material; or
• (k) transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability.

Except as permitted by this Agreement, no part of the Service may be copied, republished, displayed in any form or by any means. Client agrees not to access the Service by any means other than through the interfaces that are provided by Vendor.

Ownership of The Service

Client agrees that all rights, title and interest in and to all intellectual property rights in the Service and Documentation (including without limitation the software used to provide the Service, modifications, improvements, upgrades, and derivative works) are retained and owned exclusively by Vendor or its licensors.

In addition, Vendor shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Service and its other product and service offerings any suggestions, enhancement requests, recommendations or other feedback provided by Client, including Authorized Users, relating to the operation of the Service and associated services.

Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the ("Software"); modify, or create derivative works based on the Service or any Software (except to the extent expressly permitted by Vendor or authorized within the Service).

Client Data

"Client Data" means all electronic data or information of any kind that is created by Client or third parties on its behalf and entered into the Service by Client or its authorized users including administrative users, employees, managers, manager users, and 3rd parties regardless of whether or not the Client Data is owned by Client during the Term this Agreement is in effect.

Client shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Client Data created and entered into the Service. Vendor assumes no responsibility for the accuracy, propriety, or usefulness to Client of the Client Data.

Data Privacy

VENDOR may collect, use and process CLIENT data only according to VENDOR's Privacy Policy.

Performance Information

VENDOR may anonymously compile information related to the performance of the Service for purposes of improving the Service, but only if such information does not identify the data as CLIENT's or otherwise include CLIENT's name.

Client's Use of Services

CLIENT shall abide by all local and international Laws and regulations applicable to its use of the Service, use the Service only for legal purposes, and comply with all regulations, policies and procedures of networks connected to the Service.

No Warranties

The Service may be temporarily unavailable for scheduled maintenance, for unscheduled emergency maintenance, either by Vendor or third-party providers, or because of other causes beyond Vendor's reasonable control, but Vendor shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled maintenance interruption.

No Representation by Vendor

VENDOR makes no representation that the Service is appropriate or available for use outside of the United States.

Limitation of Liability

If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction or arbitrator and Vendor becomes liable thereby for loss or damage that could otherwise be limited, Vendor's total liability to you or any third parties in any circumstance is limited to the total amount paid in fees to Vendor under this Agreement for the three months prior to a claim of damages being brought by Client or third party whether in contract, tort or otherwise.

Client Status

Client represents that it is not located in, under the control of, or a national or resident of any country to which the United States has embargoed the import or export of goods, on the United States Treasury Department's List of Specially Designated Nationals or United States Commerce Department's Table of Deny Orders.

Termination

Either party may terminate this Agreement at any time by providing written notice to the other party. Client may cancel their subscription through their account settings or by contacting support. Upon termination:

• (a) Client's access to the Service will be discontinued;
• (b) Client Data will be retained for 30 days, after which it will be deleted unless otherwise required by law;
• (c) Any outstanding fees owed to Vendor will become immediately due.

Vendor reserves the right to suspend or terminate Client's access to the Service immediately, without prior notice, if Client violates any provision of this Agreement or engages in conduct that Vendor determines, in its sole discretion, to be harmful to the Service or other users.

Refunds

Refund requests are handled on a case-by-case basis at Vendor's sole discretion. To request a refund, contact us at support@forensicpm.com. Vendor is not obligated to provide refunds and may decline any refund request for any reason.

Indemnification

Client agrees to indemnify, defend, and hold harmless Vendor and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client's use of the Service; (b) Client Data; (c) Client's violation of this Agreement; or (d) Client's violation of any rights of any third party.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in Texas, and the parties hereby consent to personal jurisdiction and venue therein.

Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Force Majeure

Vendor shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Modification

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between Client and Vendor regarding the Service and supersedes all prior agreements and understandings, whether written or oral. If there is a conflict between these terms and any additional terms, the additional terms will control for that conflict.