Annum Terms of Service
- Using Annum
1.1 Who may use Annum
You may use our Services only if you are legally able to form a binding contract with Annum, and only if such use is in compliance with these Terms and all applicable laws. When you create your Annum account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited.
If you open an account on behalf of a company, organization, or other entity, then
(a) the term “you” as used herein shall include both you personally and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
1.2 Our license to you
Subject to these Terms and our policies, we hereby grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device; you agree that we may automatically upgrade those Services, and these Terms will apply to all such upgrades.
1.3 Ownership of Annum materials
The name Annum, our logos, designs, text, graphics, pictures and all other content on the site (collectively “Content”) is the property of Annum or the individuals who created it. It is protected under U.S. and international copyright and trademark law. We grant you the right, subject to these Terms of Service, to view, use, share and link to Content. Please do not alter, print or sell Content without our express written permission. If you do, we may pursue legal action against you.
1.4 Prohibited uses
In exchange for the right to access and use the Services, you agree to the following:
- Not to use the Services in any illegal manner or for any illegal purpose or in any manner that could damage, disable or impair the Services;
- Not to alter or modify any content in the Services without the express written permission of Annum;
- Not to post, transmit or share material that you do not have the right to post, transit or share or that is obscene, profane, pornographic, racially discriminatory, defamatory or invasive of the privacy of any person;
- Not to use the Services to harass or intimidate any person.
1.5 Terms of sale
You agree that you will pay for all Services you purchase through Annum, and that we may charge your payment method for any Services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid payment method for payment of all fees. Your total price will include the subscription price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you begin use of the product. All sales of Services are final.
We care about the security of our users. Although we work to protect the security of your account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for maintaining the confidentiality of any password associated with any account you use to access the Services. You are solely responsible to Annum for all activities that occur under your user account. Please notify us immediately of any unauthorized use of your account.
- Third-Party Links, Sites, and Services
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Annum. We do not endorse or assume any responsibility for any such third-party sites, information, materials, or services. If you access any third-party website, service, or content through our Services, you do so at your own risk and you agree that Annum will have no liability arising from your use of or access to any third-party website, service, or content.
We may terminate or suspend your access to or use of the Services at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-9 of these Terms.
You, in your personal capacity and also on behalf of your employer (if your use of the Services is made pursuant to your employment) or the entity or organization on whose behalf you make use of the Services, agree to indemnify, defend and hold harmless Annum and its officers, directors, employees, agents, corporate parent, and licensors from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by or through you or otherwise occurring as a result of your illegal or unlawful use of the Services.
The Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. Annum makes no representation or warranty about the completeness, accuracy, or adequacy of any information, facts, opinions, statements or recommendations contained in the Services.
ANNUM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANNUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
The Services may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assume no responsibility or liability for malfunctions or other problems with any hosting services, computer systems, servers or providers, equipment or software used in connection with the Services.
- Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions. You and Annum agree to submit to the exclusive jurisdiction of the courts located within the State of Minnesota to resolve any legal matter arising out of your use of the Services or these Terms.
Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
- General Terms
Notification Procedures and Changes to these Terms. Annum reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time, and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you, typically by electronic means. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services immediately.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Annum without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Annum’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.