Personifi: Mobile

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Customer Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "I ACCEPT" BOX BELOW OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

COMPANYS ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.


The Services described at and available at www.personifi.com, and all linked pages (Site"), are owned and operated by Personifi, LP ("Company"), a Texas Limited Partnership, and are accessed and used by you (Customer) under the following terms and conditions:


1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Site, and which are selected by Customer through the process provided on the Site (Services), solely for Customers own use (on its own behalf and that of its end users), and not for resale. Services shall include, but not be limited to, any services Company performs for Customer, the website Classifications and Recommendations (as defined on the Site as part of the Services) and any other content offered at the Site (collectively, Results). Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict Customers access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify this Customer Agreement at any time by posting a notice on the Site, or by sending Customer a notice via email or postal mail. Customer shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Customer following such notification constitutes Customer's acceptance of the terms and conditions of this Customer Agreement as modified.
Customer certifies to Company that if Customer is an individual (i.e., not a corporation) Customer is at least 18 years of age. Customer also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services, Results and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Customer shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Customer shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.


2. SITE CONTENT. The Site and its contents are intended solely for the use of Company Customers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. Customer shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
To use the Services, Customer will need to download and install certain software, routines, scripts, pixels, javascript, cookies or other code or programming calls (collectively, Code) on either Customers site or other target sites for which Customer wants Results (collectively, Targets). Subject to the terms and conditions of this Agreement, Company grants Customer a limited, non-exclusive, revocable license to reproduce, distribute, display and perform the Code solely for the purposes described and in accordance with the instructions found herein and on the Site or in the documentation that accompanies the Code. Customer assumes all liability for the effect of the Code on the Targets, represents and warrants that it has the right to install and will only install the Code on Targets where such installation is legal and that all Targets have given all required consents, and Customer will indemnify, defend and hold harmless Company from any claims by Targets that the Code causes harm to Targets, that Customer did not have permission to install the Code, or that otherwise violates the representations in this sentence. Customer understands that Company will collect certain information about Customer and the Targets as a consequence of providing the Services and agrees that Company may use this information (i) to provide and improve the Services, and (ii) in aggregate form for any purpose. All use of information by Company shall be in accordance with the privacy policy found at [URL  privacy], and as part of Customers representations above Customer will ensure that Targets are made aware of its terms, either directly or through Customers own materially similar policy.
Customer may access, download or copy the Content, Results, Code and other items available at the Site or through the Services for personal use only, provided that Customer maintains all copyright and other notices contained in such materials. Customer shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.


3. CUSTOMER MATERIALS. To receive the full benefit of the Services, Customer may supply Company with lists of URLs, copies of advertisements, and other materials (collectively, Customer Materials) that Company will use, in accordance with the documentation on the Site to produce Results. Customer hereby grants Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use and exploit the Customer Materials (including all related intellectual property rights) as needed solely to produce Results in accordance with the Services and related documentation. Customer represents and warrants that it has the right to provide and license the Customer Materials, that it has secured all necessary permissions and consents to the Customer Materials, that the Customer Materials will not infringe, libel, or defame, in any manner, and will not be obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party, and Customer will indemnify, defend and hold harmless Company from any third party claims that the Customer Materials violate the representations in this sentence.


4. RESTRICTIONS. Customer is responsible for all of its activity in connection with the Services and accessing the Site, Code and Results. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Customers right to Services or to access the Site. Customer may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Customer will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the Customer is not logged in.
As between the parties, and except as expressly licensed herein, Company retains all rights, title and interest in the Site, Services, Content, Results and Code, and Customer retains all rights, title and interest in the Customer Materials. It is Companys policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see [URL-copyright]. Use of the Site, Services, Code or Results for purposes that encourage or induce copyright infringement is strictly prohibited.
Each party agrees that all materials and information that obtained from the other party are the confidential property of the disclosing party (Proprietary Information). The Code and Results shall be Proprietary Information of Company; the Customer Materials shall be Proprietary Information of Customer. The receiving party will hold in confidence and not use or disclose any Proprietary Information of the disclosing party. The receiving party shall not be obligated under this Section with respect to information that is or becomes readily publicly available without restriction through no fault of the receiving party or its employees or agents.


5. FEES AND PAYMENT. Some of the Services require payment of fees. Customer shall pay all applicable fees, as described on the Site in connection with such Services selected by Customer. Company reserves the right to change its price list and to institute new charges at any time, upon thirty (30) days prior notice to Customer, which may be sent by email or posted on the Site. Use of the Services by Customer following such notification constitutes Customer's acceptance of any new or increased charges.
Unless otherwise specified on the Site, Company shall invoice Customer monthly in arrears for all amounts incurred the preceding month, based on Customers use of the applicable Service. Company shall either send invoices electronically or make them available on the Site through Customers User ID. All payments shall be made in U.S. dollars (USD) by credit card, on or about the tenth (10th) day of the month and Customer hereby authorizes Company to charge the credit card provided at the time Customer set up the Services and accepted this Agreement each month for all fees for the Services. Fees are not creditable or refundable, and Customer shall also be responsible for all applicable taxes and assessments (except taxes based on Companys net income). Customer represents, warrants and agrees to submit valid credit card information and authorization to charge that credit card, and to update the information as necessary to ensure continued authorization.


6. REGISTRATION AND SECURITY. As a condition to using Services, Customer may be required to register with Company and select a password and Customer name ("User ID"). Failure to provide Company with accurate, complete, and updated registration information shall constitute a breach of this Agreement, which may result in immediate termination of Customer's account. Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Customer shall be responsible for maintaining the confidentiality and security of Customer's User ID.


7. WARRANTY DISCLAIMER. The Site, Services or Results may contain, or direct Customer to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content so contained or accessed. THE SERVICES, CONTENT, CODE, RESULTS AND SITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH ARE HEREBY DISCLAIMED. COMPANY FURTHER DISCLAIMS THAT THE RESULTS WILL BE ACCURATE OR WILL PROVIDE CUSTOMER WITH ANY LEVEL OF SUCCESS OR PERFORMANCE FOR CUSTOMERS WEBSITE, ADVERTISEMENTS OR THE LIKE.


8. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CUSTOMER DURING THE SIX (6) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THE FOREGOING LIMITS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE FORM OF ACTION IS IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER PARTICULAR DAMAGES WERE FORESEEABLE OR A PARTY ADVISED THE OTHER PARTY THEREOF.


9. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means, such termination to be effective at the end of the calendar month following the month in which notice was given. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Customer breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Customer's account, Customers right to access or use the Services, Site, Content, Code and results will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnification, warranty disclaimers, and limitations of liability.


10. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Companys reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Companys prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever.
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