ScanWriter® Software License Agreement

Software is defined as the Personable Inc. computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with Personable Inc. or third parties. This Agreement applies to the: (i) trial; (ii) single-user license;  and (iii) multi-user license; or Server Editions versions of the Software and other branded or customized versions unless otherwise agreed.  Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Personable Inc. to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased the Software from a retail store or directly from Personable Inc. or other Personable Inc.-authorized distribution channel, and do not agree with this Agreement, promptly return the Software and accompanying items to the place of purchase, or as provided below, before you have applied the CD KEY(s) with a dated receipt for a full refund.  If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and if you do not agree with this Agreement, delete or do not use the Software.

License and Certain Restrictions

Trial Versions

If you obtained a trial version of the Software, you are granted a limited non-exclusive license to use a copy of the trial version of the Software only for the amount of time specified in the Software or in the materials accompanying the Software: (i) on the computer(s) used by single individuals, or; (ii) if you are using the Server Edition Software, on the server(s) owned and operated solely by and for your Company. Thereafter, you may purchase the right to use the appropriate full version of either the single-user or multi-user versions of the Software which license terms are specified below, by contacting Personable Inc. or a reseller or, if applicable, through the purchase process in the trial version of the Software. You may not copy the printed materials accompanying the Software, if any, or print multiple copies of any user documentation.  BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE NUMBER OF USES SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF THE SOFTWARE.

Single-User License

If you purchased a full, single-user license of the Software, you are granted a limited non-exclusive license to use the enclosed Software on the computer(s) used on a single computer. You may not copy the printed materials accompanying the Software, if any, or print multiple copies of any user documentation. Registration of the Software with Personable Inc. after the approximate number of uses specified in the Software or in the materials accompanying the Software and in accordance with Personable Inc.’s then-current privacy policies is required.

Multi-User License

If you purchased a multi-user or more than one license for a simultaneous user-capable version of the Software, you are granted a limited non-exclusive license to: (i) use the enclosed Software on the number of computer(s) corresponding to the number of licenses you have purchased; (ii) install the Software on a server computer only if you have purchased the Server Edition.  Registration of the Software with Personable Inc. after you have applied the CDKey(ws) with Personable Inc.’s then-current privacy policies is required.

 

Unlock License

You will have Twenty Five (25) uses with Five (5) imports before applying the CDKey.  If you apply the CDKey(s) to go through an unlock purchase process within the Software, you may use the unlock purchase version of the Software in accordance with the Agreement and. Please note that once the CDKey is applied to your computer, there will be no refund.

Additional Terms

It is prohibited to disclose interfaces to the Software, to install the Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Personable Inc. The Software in its entirety is protected by the copyright laws. The Software also contains Personable Inc. trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software.  You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof.  If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Personable Inc. regarding transferring your license to the new company.  You may not network the Software, except that you may network your company data file as outlined above and except to the extent you have purchased license(s) for the multi-user license version as referenced above.  You may not copy or modify the Software in whole or part, or use trade secret information contained in the Software, to develop software to interface with the Software.

Termination; Sunset Policy

This Agreement may be terminated by Personable Inc. immediately and without notice if you fail to comply with any term or condition of this Agreement.  Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies.  This Software is subject to a ScanWriter sunset or discontinuation policy (“Sunset Policy”) and Personable Inc. reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software in accordance with such Sunset Policy.  From time to time, Personable Inc. may change the terms and conditions of this Agreement or the Sunset Policy.  Personable Inc. will notify you of any such change.  For the latest version of this Agreement or the Sunset Policy, go to www.Personable.com, or such other site designated by Personable Inc.  Your continued use of the Software will indicate your agreement to the change.

Satisfaction Guaranteed

If you are not 100% satisfied with this Software, Personable Inc.’s entire liability and your exclusive remedy shall be either:

(a) if you purchased the Software through a reseller or directly from Personable Inc. or other Personable Inc.-authorized distribution channel, delete the Software from your computer(s) and (1) return the Software (before you have applied the CDKey) to the reseller where purchased with a dated receipt for a full refund. (If the reseller is unable to issue a refund, then you must return the Software with a dated receipt before you have applied the CDKey to Personable Inc. for such refund); or (2) return the Software (before you have applied the CDKey), with a dated receipt to Personable Inc. Returns at the above address for replacement in the case of a defective disk. If the disk is defective and you would like a replacement disk while this version is still commercially available, you may obtain a replacement by sending your defective disk and a check for the applicable amount published by Personable Inc. (currently twenty dollars ($20) per replacement), plus applicable taxes, to Personable Inc. at the address listed above. (For all orders shipped within the U.S., please add all applicable shipping and handling charges, state and local sales tax as well as tax on shipping and handling based on your shipping address); or

(b) if you purchased the Software by downloading it to your computer from Personable Inc. or an Personable Inc.-authorized site, and the Software did not install properly, contact Personable Inc. or the Personable Inc.- authorized site for a replacement copy.

You will have Twenty Five (25) uses with Five (5) imports before applying the CDKey.  Please note that once the CDKey is applied to your computer, there will be no refund.

DISCLAIMER OF WARRANTIES

EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONABLE INC. DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT.

PERSONABLE INC. DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PERSONABLE INC. WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE SPECIFIED PERIOD OF TIME FOR ALLOWED USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

THIS PRODUCT AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT PERSONABLE INC. AND ITS REPRESENTATIVES (AS DEFINED BELOW) ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE.  IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. PERSONABLE INC. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.  YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.  IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.

LIMITATION OF LIABILITY AND DAMAGES

THE ENTIRE LIABILITY OF PERSONABLE INC. AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE AND, PERSONABLE INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVES”) ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PERSONABLE INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERSONABLE INC. AND YOU. PERSONABLE INC. WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

U.S. Government
The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

General Provisions

This Agreement sets forth Personable, Inc.’s and its Representatives’ entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Personable Inc. with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.

This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and Personable Inc. or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to Personable Inc. and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by Personable Inc. between you and Personable Inc. or the applicable Representative(s).

This Agreement does not limit any rights that Personable Inc. may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Personable Inc. are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Personable Inc., other than in writing signed by an officer of Personable Inc.. Accordingly, such additional statements are not binding on Personable Inc. and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright patent and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Mountain View, California, and shall be construed as to its fair meaning and not strictly for or against either party.

Consumer Information and Privacy

For details about Personable Inc.’s privacy policies, please refer to the ScanWriter Privacy Statement contained either in the Software or on a website designated by Personable Inc.  You agree to be bound by the applicable Personable Inc. privacy policies.

Health Information and Privacy

If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Software, related services and content are not “HIPAA-ready” or “HIPAA-compliant” and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.

YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SOFTWARE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SOFTWARE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SOFTWARE. PERSONABLE INC. AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Personable, Inc., the Personable, Inc. logo, ScanWriter, and ScanWriter logo, among others, are registered trademarks and/or registered service marks of Personable Inc. in the United States and other countries.   Other parties’ trademarks or service marks are the property of their respective owners and should be treated as such.

Copyright © 2010-2019 Personable, Inc. All rights reserved.

Personable, Inc.

17600 Newhope St.

Fountain Valley, CA 92708

Product Privacy Policy

THE FOLLOWING DESCRIBES THE TERMS
OF PERSONABLE.COM’S INFORMATION GATHERING AND
DISSEMINATION PRACTICES

Personable.com has created this Privacy Statement in order to demonstrate our firm commitment to safeguarding the privacy of our registering groups and organizations (“Subscribing Organizations”) and their authorized members (“Members”).

If Subscribing Organizations or Members have any questions or concerns regarding this Privacy Statement, they should contact the Personable.com Webmaster at info@personable.com.

Collection and Use of Information
Distribution of Information
Security
Choices Concerning Collection and Use of Information; Cancellation
Corrections/Updates
Contacting Personable.com

Collection and Use of Information
Personable.com collects both personally identifiable (“Personal Information”) and anonymous information from its Subscribing Organizations and their Members during the registration process and at other times, such as when Subscribing Organizations or Members register for a promotion, any services for which a fee may be charged (“Premium Services”) or other service with Personable.com or one of our sponsors, advertisers or partners, when Subscribing Organizations or Members report a problem or question with our site or Services, or when Subscribing Organizations or Members respond to one of our surveys.
Personable.com maintains a database of Subscribing Organization and Member Personal Information and other information that is used only for its own internal purposes. The information we collect and the ways in which we use this information include:

  • IP Address: Personable.com uses Members’ IP addresses to help diagnose problems with our server, to administer our Website and Subscribing Organizations’ hosted intranet sites (the “Subscribing Organization Sites”), and to provide technical support.
  • Contact Information: We use a Subscribing Organization’s and its Members’ names, addresses and other information from the registration form to send the Subscribing Organization and its Members information about our company, the Service Center, Premium Services and other Services, and to contact the Subscribing Organization and its Members when necessary.
  • Unique Identifiers: We collect unique identifiers (such as login ID’s and passwords) to verify the Subscribing Organization’s and its Members’ identity and for use as account numbers in our record system.
  • Demographic Information: We compile demographic information and profile data (such as zip code, industry, and organization size) in order to customize Subscribing Organizations’ and its Members’ experiences at our site, to exhibit content, to develop applications, Premium Services and other services that are useful to our Subscribing Organizations and Members, to improve our Services and to display the content according to Subscribing Organizations’ and Members’ individual preferences.
  • Supplemental Information: We may supplement the information that a Subscribing Organization and its Members provide with information received from third parties. Third party information may include registration information that such Subscribing Organization and Members have provided to an Personable.com partner, content provider or sponsor or advertiser sites and information that the Subscribing Organization and Members have provided to InterNIC or other website registration organizations.
  • Cookies: In order to offer our Subscribing Organizations and Members our customizable and personalized service and to better respond to any problems Subscribing Organizations and Members may experience, Personable.com uses “cookies”. Our partners, sponsors and content providers may also use their own cookies. A cookie is a small amount of data that is sent to a Member’s browser from a web server and stored on the computer’s hard drive for record-keeping purposes. The Personable.com cookies do not personally identify Members, but they do identify a Member’s computer. We use a cookie to record Members’ preferences only during the time that the Member’s browser is open. We do not store any other information in the cookie, and it disappears after the Member logs off or closes its browser. If a Member’s browser does not accept cookies, the Member cannot use the Services.

Distribution of Information
Personable.com does not sell or rent a Subscribing Organization’s or Member’s Personal Information to anyone. We will not release a Subscribing Organization’s or Member’s name, e-mail address or other Personal Information to any other party except with the Subscribing Organization’s or Member’s explicit permission or under special circumstances, such as those described below. We will not access the information stored on the Subscribing Organization Sites (the “Site Information”) except at the request of the Subscribing Organization or under special circumstances, such as those described below. If a Subscribing Organization or Member is asked for Personal Information, the Subscribing Organization or Member is providing that Information only to Personable.com, unless the Subscribing Organization or Member is specifically notified otherwise. For example, some of the Personable.com free services and Premium Services are offered in conjunction with a partner company, sponsor or content provider. In order to provide this service to Subscribing Organizations and Members, it may be necessary for Subscribing Organizations and Members to share certain information with our partner company, sponsor or content provider. If any other company is collecting information, Subscribing Organizations and Members will be given prior notice, and can elect not to use that particular service.
Personable.com may partner with other companies to provide special services, products, discounts or other information that will benefit our Subscribing Organizations and their Members. In addition, our sponsors and advertisers fund the free features of our Services. We may request demographic information from Subscribing Organizations and Members to help us attract sponsors, advertisers and partners and to offer the most useful products, services and information. However, the demographic information and Personal Information will be distributed to these sponsors, advertisers, partners and any other third parties only in aggregate form unless the Subscribing Organization or Member is specifically notified to the contrary and given an opportunity to elect not to transmit such information or receive such special service, product, discount or other information.
Personal Information that a Subscribing Organization or Member chooses to transmit or allow to be transferred to another party will be subject to the privacy policies of that party. This privacy statement does not cover it, and Personable.com has no responsibility or liability for such independent policies.
Personable.com may disclose Personal Information or Site Information in special cases if (a) it is required to do so by law or to comply with legal process served on Personable.com or this site, or (b) we have a good faith reason to believe that disclosing such Information is necessary or appropriate in order to (i) identify, contact or bring legal action against someone who may be causing or threatening to violate Personable.com’s or this website’s policies or to cause injury to or interference with the Services or Personable.com’s or its Subscribing Organizations’, Members’ or any third party’s rights or property, (ii) protect and defend the Services, or Personable.com’s, its Subscribing Organizations’, Members’ or this website’s rights or property, or (iii) act under exigent circumstances to protect the safety of the Services, or of Personable.com’s Subscribing Organizations, Members, this website or the public. In the event of any planned disclosure of Site Information from a Subscribing Organization Site as described in clause (b) which results from a circumstance that Personable.com believes in good faith is not caused by such Subscribing Organization, any such disclosure shall occur only after prior notice to the Subscribing Organization and upon terms and conditions that will safeguard the Subscribing Organization’s confidential information to the extent reasonably feasible.
Security
Personable.com exercises great care to secure your Personal Information and Site Information, and has implemented security measures in accordance with industry practice. Personable.com’s network security uses a ‘defense in depth’ strategy with multiple layers of protection. In addition, all information on our servers is stored in secure operating environments that are not available to the public. Each Subscribing Organization’s Site Information is stored separately, so that there is no intermingling of Subscribing Organization Site Information and no Subscribing Organization will have access to other Subscribing Organizations’ Site Information. The Subscribing Organization Sites are monitored for network attacks 24 hours a day, 7 days a week. Physical access to the Subscribing Organization Sites is guarded 24 hours a day, 7 days a week.
All Personal Information and Site Information is secured by the site password, and Subscribing Organizations select the Members who have access to this Information. Only Members who enter the correct login password are permitted access to a Subscribing Organization’s Site Information. The Member’s login ID and password are unique to its Subscribing Organization Site and are designed to protect the Subscribing Organization Site from unauthorized use. Ultimately, each Subscribing Organization is responsible for safeguarding the secrecy of its Members’ login IDs and passwords. Each Subscribing Organization and its Members should be careful and responsible with all such information and when they are online. We encourage Subscribing Organizations and Members to follow good password doctrine. For example, change the password frequently, do not record it where it is accessible by unauthorized personnel, and do not select a password that can be easily guessed by an unauthorized person. Personable.com will not be responsible for any lost, stolen, otherwise disclosed or misused login ID or passwords.
Internally, we restrict access to all Personal Information and Site Information to employees who need access to the Information in order to do their jobs. These employees are very limited in number, and are committed to our privacy and security policies. All such employees execute comprehensive nondisclosure agreements, which provide explicit confidentiality protections. Any employee who violates our privacy and/or security policies is subject to possible termination and civil and/or criminal prosecution.
Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure, and there is a slight risk that data could be intercepted or interrupted during Internet transmission. Although we strive to provide for secure transmission of Subscribing Organization and Member Personal Information and all Site Information from the Member’s computer to Personable.com and for secure storage of all Site Information, Personable.com cannot warrant the security of any information Subscribing Organizations or Members transmit to us or from our online services or store on the Subscribing Organization Sites, and Subscribing Organizations and Members do so at their own risk.
Choices Concerning Collection and Use of Information; Cancellation
Except for Personal Information that must be provided in order for Personable.com to provide the Services, Subscribing Organizations and Members may elect (a) not to transmit any Personal Information to or receive any Premium Service, special service, product, discount, promotional communications or other information from Personable.com, our sponsors and advertisers, our partners or other third parties, (b) to decline services that require them to share certain information with our partners, sponsors, advertisers, or content providers, (c) to remove their Personal Information from the Subscribing Organization’s site and our databases, or (d) to cancel the Site registration. Subscribing Organizations and Members can exercise some of these options by telling us during the registration process or when they are asked to choose to receive a specific service or product. In all cases, Subscribing Organizations and Members can notify us of their election by using their login ID and password, and sending an email to info@personable.com, or writing to:

Personable.com
17600 Newhope Street
Fountain Valley, CA 92708
USA

Corrections/Updates
A Subscribing Organization or Member may update or modify any of its Personal Information previously provided to us by using its login ID and password, and sending an email to info@personable.com, or writing to:

Personable, Inc.
17600 Newhope Street
Fountain Valley, CA 92708
USA
Contacting Personable.com
To ask any questions about this Privacy Statement, the practices of this website, or our Services, or make any suggestions or tell us about any other ideas concerning our site or our Services, please contact:

Personable, Inc.
17600 Newhope Street
Fountain Valley, CA 92708
USA

info@personable.com or visit http://solutions.personable.com/aboutus_contact/

Notification of Changes
Personable.com reserves the right to amend this Privacy Statement. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Copyright © 2000-2016 Personable, Inc. All Rights Reserved.

User Agreement

The following describes the terms on which Personable.com offers you and your company access to our services. We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on your site. It is the responsibility of the corporate user to make its employees aware of the terms of the Corporate User Agreement, and that by signing this agreement, the Corporate User binds all its employees to such agreement. This agreement was revised on August 30, 2011.

  1. Eligibility for Membership – Our services are available only to individuals and companies who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Personable.com may refuse our services to anyone at any time, at our sole discretion.
  2. Personal Information – Personal information includes any information you provide to us during the registration process. Personable.com will only use Your Information in accordance with our Privacy Policy, http://solutions.personable.com/inc_privacy/ is incorporated herein by reference.
  3. System Integrity – You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Personable.com site or any account on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password(s) or provide them to any third parties or use your password(s) for any unauthorized purpose.
  4. Using Personable Licenses – you are a member of Personable organization. In the case that you need Personable to set up a license for you, you will incur a setup fee of using Personable software license. The license is neither sold to you, nor rented to you. You do not own the license and there is no transfer of the license ownership. Once you are no longer a member of Personable, you can not use the license anymore.
  5. Hazardous Activities – The Personable.com system is not designed or intended to use in any environment in which the failure of the Personable.com system could lead to death, personal injury or severe physical or environmental damage, such as the design or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems or in the on-line control of equipment in any hazardous environment requiring fail-safe performance. Personable.com, its licensors and suppliers specifically disclaim any express or implied warranty of fitness for Hazardous Activities.
  6. Termination – Both parties have the right to terminate any Service Agreement for any reason, including the ending of services that are already underway. Minimum 30 days notice of termination required. Notification in person, via email, and/or fax will be accepted and subjected to confirmation in writing. No refund shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
  7. Breach – We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
  8. Disclaimer of Warranties – WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENT, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF OUR SERVICES.
  9. Limit of Liability – IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  10. General Compliance with Laws – You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
  11. No Agency – You and Personable.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  12. Arbitration – Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Personable.com may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or Personable.com pending the completion of arbitration.
  13. General – This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
  14. Disclosures – The services hereunder are offered by Personable.com, Inc., located at:
    17600 Newhope Street,
    Fountain Valley, CA 92708
  15. Invoicing and Payment – A billing invoice (you can view the invoice template pdf here) shall be submitted to the Client accompanied by a brief description of services provided. All provisions of this Service Agreement (“Agreement”) apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.
    Payment Terms – All major Credit/Debit Cards, Personal Check, and Bank Wire Transfers are all acceptable methods of payments. For more details, refer to Payment Options. Our terms are due upon receipt, unless otherwise specified. Payment is considered past due after 30 days. Monies that remain outstanding by the due date will incur a monthly $25 late fee. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small claims court. In such circumstances where we must seek recovery of unpaid balances through the use of collection agencies, attorneys, and/or Small claims court, you shall be liable for any and all additional administrative, attorney, and/or court costs incurred. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. CA residents will be assessed 8.25% regulatory fee for the purpose of assessing tax and associated costs.
    Payment Options
    By Credit Card
    Your bill will automatically be charged to your credit card. This invoice amount has been processed by pre-authorized payment. NO ADDITIONAL PAYMENT IS REQUIRED. Please keep invoices for your records.
    By Cheque
    Please refer to the invoice number on your remittance and mail the check to the payment location listed on the invoice. Also note all checks incur a $25.00 Processing Fee to cover additional expenses.
    Returned checks will incur a $35 charge to cover banking fees and administrative costs. In an instance of a second Returned Check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future credit card transactions only.
    By Wire Transfer
    Please refer to the invoice number on your remittance and send wire transfer payments to account number listed on the invoice. Also note all wire transfers incur a $25.00 Processing Fee to cover additional expenses.