1STMANAGER.COM DISCLAIMER AND SERVICE AGREEMENT
This is an agreement between you and 1stManager.com Inc. Before you use 1stManager for the first time, please read this Disclaimer and Service Agreement. By your action of using 1stManager, you are agreeing to comply with all terms contained in this Agreement.
1. SERVICE
1stManager.com Inc. owns the domain name 1stmanager.com as well as the web-based project management software available at http://www.1stmanager.com.
1stManager.com Inc. allows you to use the project management software and documentation available at http://www.1stmanager.com and to host your projects’ information at this website. You can utilize this Service as long as you abide by the terms of this agreement and as long as the account is not terminated by you or by 1stManager.com Inc. The storage space and functionality available for your account will be determined by 1stManager, and may vary according to the type of account for which you have signed up.
2. RESTRICTIONS
You are responsible for all activity under your account, included the activity of other users who have been added to your account by you or by another user of your account.
This Service cannot be used in a way that is against the law. You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers and/or suppliers.
3. BILLING
If the Service is available without a fee (“free account”), then this Section does not apply to you. If you pay us for the Service (either currently or in the future), then the terms of this Section apply to you.
If you pay a monthly fee for your account, then each monthly payment of this fee will grant you one month access to 1stManager.com’s web-based project management software and to all your data and projects associated to your hosted account. Occasionally, there might be other fees such as one-time fees for customization, backup or data-conversion services. 1stManager.com may terminate this agreement, block your access to your account, close your account, and/or delete your account data if you fail to pay all the appropriate Service fees on time.
The price for the Service excludes all taxes, unless expressly stated otherwise. To the maximum extent permitted by law, such taxes and charges are your responsibility. 1stManager may change the price of the Service from time to time. 1stManager will inform you before any change. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any returns will be at your expense, unless otherwise provided by law. If you fail to pay your monthly fees during the first 7 days of the monthly period, you may be billed late payment fees. You must pay late payment fees when we bill you for them.
4. PRIVACY
You are responsible for keeping confidential any password for your account.
1stManager does not sell, rent, or lease our customer information to third parties. 1stManager considers your use of the Service, including the content of your communications, to be private. 1stManager does not routinely monitor your activity or disclose your information to anyone. However, to the maximum extent permitted by law, 1stManager may monitor your communications and may disclose information about you, including contents of communications, if it is necessary to conform to legal requirements or respond to legal process.
5. LIMITED WARRANTY
THE SERVICE IS WARRANTED TO PERFORM SUBSTANTIALLY AS DESCRIBED IN THE WEBSITE WHEN IT IS USED ACCORDING TO THE GUIDELINES SET FORTH THEREIN AND FOR THE PURPOSE IT WAS INTENDED. YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SERVICE AND RELATED DOCUMENTATION IS AT YOUR SOLE RISK. 1STMANAGER.COM INC. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND RELATED DOCUMENTATION, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 1STMANAGER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM SOFTWARE ERRORS. 1STMANAGER DOES NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. TERMINATION
This Agreement is effective until terminated. This agreement will be terminated immediately by 1stmanager if you fail to comply with any provision of this agreement. You may also terminate this Agreement at any time by notifying 1stManager of termination.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 1STMANAGER.COM INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE UNDER ANY THEORY, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, EVEN IF 1STMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 1STMANAGER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE COST OF THREE MONTHS OF THE SERVICE FEE PAID BY YOU TO 1STMANAGER.
8. MISCELLANEOUS
Future versions of 1stManager will be developed and released by 1stManager in its sole discretion. 1stManager does not warrant or represent that it will develop or release any upgrades within a given timeframe.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If we change this agreement, then we will tell you at least 30 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Service before the changes are in force. If you do not stop using the Service, then your use of the Service will continue under the changed contract.