BESTOUTCOME LTD.
DISCLAIMER AND SERVICE AGREEMENT
THIS IS AN AGREEMENT BETWEEN YOU AND BESTOUTCOME LTD. ("BESTOUTCOME"). BEFORE YOU USE BESTOUTCOME’S PM3 PROJECT MANAGEMENT SOFTWARE (THE "PRODUCT") FOR THE FIRST TIME, PLEASE READ THIS DISCLAIMER AND SERVICE AGREEMENT (THE "AGREEMENT").
1. SERVICE
BESTOUTCOME OWNS THE DOMAIN NAME BESTOUTCOME.COM AS WELL AS THE WEB-BASED PRODUCT AVAILABLE AT https://bestoutcome.aenigmacorp.com (THE "SITE").
BESTOUTCOME ALLOWS YOU TO USE THE PRODUCT AND DOCUMENTATION AVAILABLE AT THE SITE AND TO HOST YOUR PROJECTS’ INFORMATION ON THIS SITE ("THE SERVICE") BY OPENING AN ACCOUNT WITH BESTOUTCOME (THE "ACCOUNT"). YOU CAN UTILIZE THIS SERVICE AS LONG AS YOU ABIDE BY THE TERMS OF THIS AGREEMENT AND AS LONG AS YOUR ACCOUNT IS NOT TERMINATED BY YOU OR BY BESTOUTCOME.
THE STORAGE SPACE AVAILABLE FOR YOUR SINGLE USER ACCOUNT WILL BE 50 MEGABYTES.
2. RESTRICTIONS
YOU ARE RESPONSIBLE FOR ALL ACTIVITY UNDER YOUR ACCOUNT, INCLUDING THE ACTIVITY OF ANY OTHER 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 BESTOUTCOME OR OUR AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS.
3. FREE TRIAL PERIOD
THE SERVICE SHALL BE AVAILABLE FOR A FREE TRIAL PERIOD ENDING ON THE EARLIER OF (I) 30 DAYS COMMENCING ON THE DATE YOUR ACCOUNT WAS INITIALLY CREATED, OR (II) ON THE DATE YOU MAKE THE FIRST SUBSCRIPTION FOR SERVICES.
4. INTELLECTUAL PROPERTY RIGHTS
AS BETWEEN BESTOUTCOME AND YOU, BESTOUTCOME IS THE SOLE OWNER OF THE PRODUCT, THE SERVICE AND THE SITE, INCLUDING WITHOUT LIMITATION, ALL APPLICABLE U.S. AND NON-U.S. COPYRIGHTS, PATENTS, TRADEMARKS, AND TRADE SECRETS AND OTHER INTELLECTUAL PROPERTY RIGHTS THERETO. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR SAVE A COPY OF THE SERVICE OR ANY PORTION THEREOF, FOR ANY PURPOSE. YOU MAY, HOWEVER, PRINT A COPY OF INDIVIDUAL SCREENS APPEARING AS PART OF THE SERVICE AND SITE SOLELY FOR YOUR PERSONAL USE OR RECORDS. ALL TITLE AND INTELLECTUAL PROPERTY RIGHTS IN AND TO THE CONTENT OF ANY THIRD PARTY WEB SITE WHICH MAY BE LINKED TO OR VIEWED IN CONNECTION WITH THE SERVICE IS THE PROPERTY OF THE RESPECTIVE CONTENT OWNER AND MAY BE PROTECTED BY APPLICABLE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THIS AGREEMENT GRANTS YOU NO RIGHTS TO USE SUCH CONTENT EXCEPT AS ALLOWED BY SUCH THIRD PARTY.
PORTIONS OF THE SERVICE WILL CONTAIN USER PROVIDED CONTENT INTENDED TO BE VIEWED IN THE FORM SUBMITTED BY SUCH USER (THE "USER PROVIDED CONTENT"). YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT THAT YOU MAY ADD TO THIS SITE OR TRANSMIT VIA THIS SITE. ALTHOUGH BESTOUTCOME DOES NOT CLAIM OWNERSHIP OF CONTENT THAT ITS USERS POST, BY POSTING OR SUBMITTING CONTENT ON THE SERVICE, YOU HEREBY GRANT TO BESTOUTCOME AND ITS AFFILIATES ALL NECESSARY RIGHTS, PERMISSIONS, CONSENTS AND LICENSES TO SUCH CONTENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, FULLY PAID, WORLDWIDE LICENSE TO USE, REPRODUCE, COPY, DISPLAY, PERFORM, ADAPT, MODIFY, DISTRIBUTE, HAVE DISTRIBUTED, AND PROMOTE THE USER CONTENT IN ANY FORM, ANYWHERE AND FOR ANY PURPOSE; YOU GRANT AND WAIVE ANY MORAL OR OTHER RIGHTS YOU MAY HAVE WITH REGARD TO SUCH CONTENT SO AS TO ENABLE THE SERVICE TO BE PROVIDED WITHOUT RESTRICTION OR OBLIGATION OTHER THAN AS SET OUT IN THIS AGREEMENT, AND WARRANT AND REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE USER CONTENT AND THAT PUBLIC POSTING AND USE OF YOUR USER CONTENT BY BESTOUTCOME WILL NOT INFRINGE OR VIOLATE ANY RIGHTS OF ANY THIRD PARTY. IT IS CLARIFIED THAT CONTENT POSTED BY YOU ON THIS SERVICE IS NOT MADE PUBLIC BY BESTOUTCOME. YOU UNDERSTAND THAT BESTOUTCOME IS UNABLE TO PROVIDE YOU WITH PERMISSION TO PRINT, REPRODUCE OR COPY ANY CONTENT BELONGING TO OTHERS.
SHOULD YOU SUBSCRIBE TO THE SERVICE, SUBSEQUENT TO THIS FREE TRIAL, YOU HEREBY ACKNOWLEDGE, AGREE AND AUTHORIZE BESTOUTCOME TO PRESENT YOU BY NAME AND LOGO, AS A USER OF THE SERVICE AND PRODUCT, IN ALL OF BESTOUTCOME'S PROMOTION ACTIVITIES. FOR USER CONTENT, THE SITE IS MERELY HOSTING AND PROVIDING ACCESS, AND BESTOUTCOME ACCEPTS NO LIABILITY WHATSOEVER WITH REGARD TO SUCH MATERIAL (INCLUDING WITH RESPECT TO ITS ACCURACY). BESTOUTCOME DOES NOT CONTROL USER CONTENT POSTED OR OTHERWISE TRANSMITTED VIA THIS SITE AND BESTOUTCOME DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF SUCH USER CONTENT. YOU UNDERSTAND AND AGREE THAT BESTOUTCOME MAY REVIEW AND DELETE OR REMOVE ANY USER CONTENT THAT IN THE SOLE JUDGMENT OF BESTOUTCOME VIOLATE THIS AGREEMENT OR WHICH MIGHT BE ILLEGAL, OBSCENE, INDECENT, DEFAMATORY, OR INCITE RACIAL OR ETHNIC HATRED OR VIOLATE THE RIGHTS OF OTHERS, OR HARM OR THREATEN THE SAFETY OF USERS OR OTHERS OR MAY CONSTITUTE A BREACH OF ANY APPLICABLE LAW, AND BESTOUTCOME MAY, IN THE EVENT IT IS MADE AWARE OF SUCH CIRCUMSTANCES, TERMINATE YOUR USE OF THE SERVICE IN SUCH CIRCUMSTANCES.
5. PRIVACY
YOU ARE RESPONSIBLE AND LIABLE FOR ANY ACTIVITY BY ANY PERSON WHO USES THE SERVICE THROUGH YOUR USER NAME AND PASSWORD. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR ACCOUNT AND PASSWORD. YOU AGREE TO IMMEDIATELY NOTIFY BESTOUTCOME OF ANY UNAUTHORIZED USE OF THE SERVICE OR ANY OTHER BREACH OF SECURITY KNOWN OR SUSPECTED BY YOU.
BESTOUTCOME DOES NOT SELL, RENT OR LEASE OUR CUSTOMER INFORMATION TO THIRD PARTIES. BESTOUTCOME CONSIDERS YOUR USE OF THE SERVICE, INCLUDING THE CONTENT OF YOUR COMMUNICATIONS, TO BE PRIVATE. BESTOUTCOME DOES NOT ROUTINELY MONITOR YOUR ACTIVITY OR DISCLOSE YOUR INFORMATION TO ANYONE. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESTOUTCOME 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.
6. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. BESTOUTCOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BESTOUTCOME MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR BE FREE FROM SOFTWARE ERRORS, NOR DOES BESTOUTCOME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BESTOUTCOME OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITED WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SERVICE AND RELATED DOCUMENTATION IS AT YOUR SOLE RISK. BESTOUTCOME EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICE AND RELATED DOCUMENTATION, AS INDICATED ABOVE. BESTOUTCOME 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.
8. TERMINATION
THIS AGREEMENT IS EFFECTIVE UNTIL TERMINATED. THIS AGREEMENT WILL BE TERMINATED IMMEDIATELY BY BESTOUTCOME IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. YOU MAY ALSO TERMINATE THIS AGREEMENT AT ANY TIME BY NOTIFYING BESTOUTCOME OF TERMINATION.
SUCH TERMINATION OF THE SERVICE WILL RESULT IN THE DEACTIVATION OR DELETION OF YOUR ACCOUNT OR YOUR ACCESS TO YOUR ACCOUNT, AND THE FORFEITURE AND RELINQUISHMENT OF ALL USER CONTENT IN YOUR ACCOUNT.
ALL OF YOUR CONTENT WILL BE STORED IN THE SITE'S DATA BASE FOR A PERIOD OF 90 DAYS FOLLOWING THE TERMINATION OF YOUR ACCOUNT (THE "STORAGE PERIOD"). UPON THE END OF THE STORAGE PERIOD ALL YOUR CONTENT WILL BE PERMANENTLY DELETED FROM THE SITE'S SERVERS. ONCE DELETED, THIS INFORMATION CAN NOT BE RECOVERED.
BESTOUTCOME, AT ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF BESTOUTCOME SERVICE, FOR ANY REASON AT ANY TIME.
BESTOUTCOME RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL SECTIONS OF THIS AGREEMENT WHICH, BY THEIR NATURE, SHOULD SURVIVE TERMINATION, WILL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. TERMINATION IS NOT AN EXCLUSIVE REMEDY AND BESTOUTCOME RESERVES ALL OTHER AVAILABLE REMEDIES IN CONTRACT, TORT, OR NEGLIGENCE – BY LAW OR AT EQUITY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BESTOUTCOME BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOST PROFITS, LOST REVENUES, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE UNDER ANY THEORY, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, EVEN IF BESTOUTCOME 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 BESTOUTCOME’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 BESTOUTCOME.
10. MISCELLANEOUS
FUTURE VERSIONS OF SERVICES MAY BE DEVELOPED AND RELEASED BY BESTOUTCOME IN ITS SOLE DISCRETION. BESTOUTCOME DOES NOT WARRANT OR REPRESENT THAT IT WILL DEVELOP OR RELEASE ANY UPGRADES WITHIN A GIVEN TIMEFRAME.
BESTOUTCOME RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE.
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING THE EQUIPMENT AND TELEPHONE SERVICES NECESSARY TO ACCESS AND USE THE SERVICE AND BESTOUTCOME'S SITE AND FOR ANY TELEPHONE CHARGES ASSOCIATED WITH CONNECTING TO THE INTERNET TO USE THE SERVICE. DEPENDING ON YOUR LOCATION, CONNECTING TO THE NEAREST ACCESS NUMBER MAY INVOLVE LONG DISTANCE TELEPHONE CHARGES.
BESTOUTCOME SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR AGREEMENTS AND REPRESENTATIONS BETWEEN THEM. THE FAILURE OF BESTOUTCOME TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
BESTOUTCOME MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME AND AT ANY TIME, WITH OR WITHOUT A RELEASE OF A NEW VERSION OF THE PRODUCT, AND WITHOUT ACTUAL NOTICE TO YOU.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED KINGDOM, WITHOUT REGARD TO ITS CONFLICTS OF LAWS OR PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY EXCLUDED FROM APPLICATION TO THIS AGREEMENT.
QUESTIONS ABOUT THIS AGREEMENT SHOULD BE SENT TO SUPPORT@BESTOUTCOME.COM