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.
- 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.
- 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.
- 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.
- 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.
- 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. Any money that has been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.
- 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.
- 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.
- 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.
- General Compliance with Laws – You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
- 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.
- 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.
- 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.
- Disclosures – The services hereunder are offered by Personable.com, Inc., located at:
17600 Newhope Street,
Fountain Valley, CA 92708
- Invoicing and Payment – A billing invoice 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.
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.