Terms And Conditions
Last Updated: Sep 15, 2017
The com Service ("Service") allows you to create, model, query and store data and associated information such as text, files and other materials.
These are referred henceforth as Content. You retain ownership of your Content on the Service.
By uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the following purposes:
a. providing you the service and associated support
b. improving the operation of the Service
We reserve the right to remove Content on the Service that violates our Terms or that we otherwise reasonably believe may create a liability for com.
Your Obligations And Acceptable Use
You agree not to use this service for illegal or unlawful purposes.
You must provide accurate information when you create your com account.
You are responsible for safeguarding the password and for all activities that occur under your account.
You should notify com immediately if you become aware of any breach of security or unauthorized use of your account.
You agree never to use another user's account without permission.
You agree not to disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
Our Service is not intended for use by persons under the age of 12. By using the Service you are representing to us that you are over the age of 12.
You agree not to probe or scan or test the vulnerability of com servers or try to compromise the com network.
You agree not to reverse engineer or copy or sell to a third party any software download from com.
You agree not to post any content that you do not have the right to under the law.
You agree not to post any content that violates another person's intellectual property rights.
You agree not to post any content that is defamatory, libelous, threatening or constitutes hate speech.
We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.
You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability.
com Intellectual Property Rights
The Service (excluding Content owned by users) constitutes com's intellectual property and will remain its exclusive property. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with any modifications, you agree that your remedy is to stop using the service.
You agree to defend, indemnify and hold com, its licensee, licensors, employees, contractors, agents, advisors, officers, directors, harmless against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. com IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING com's API). The Service is controlled, operated and hosted from within the USA. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL com, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT com HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. com'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO com IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.
You agree that prior to filing any claim against com relating to or arising out of
these Terms you will first contact us (see About page) to
provide us with an effort to resolve the issue in an informal manner.
Arbitration - If such dispute is not resolved to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA").
Arbitration Procedures and Fees - The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Arbitration will be held in the United States county where you live or work, in Seattle, WA, or in any other location we agree to. The AAA rules will govern payment of all arbitration fees. com will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. com will not seek its attorneysâ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate - Either you or com may assert a claim, if it qualifies, in small claims court in Seattle, WA or any United States county where you live or work. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process.
No Class Actions - ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
Judicial Forum - In the event that the agreement to arbitrate is found not to apply to your claim, then you and com agree that any judicial proceedings will be brought in the federal or state courts in Seattle, WA and both parties consent to venue and personal jurisdiction there.
These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In connection with providing you the Service com may transfer, store and process your Content in the USA or in any other country in which com or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.
Entire Agreement (Severability and Waivers)
These Terms constitute the entire agreement between you and com concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. comâs failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email or via this website.
U.S. Government Agencies
If you are a U.S. Government agency utilizing com's free Service in an official capacity, your use of the Service shall be subject to these terms within limits as applicable by law for government agencies.