[company name] Terms of Service

Thank you for using [company name]! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using [company name]. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

Summary

The [company name] Terms of Service

Effective date: [effective date]

Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

An "Account" represents your legal relationship with [company name]. A “Personal Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on [company name]. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the [company name] Privacy Statement, available at [website url]) and procedures that we may publish from time to time on the Website. Most of our site policies are available at [link to website url].

"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.

“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

“[company name],” “We,” and “Us” refer to [company name], Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

The “Service” refers to the applications, software, products, and services provided by [company name], including any Beta Previews.

“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).

The “Website” refers to [company name]website located at [company domain], and all content, services, and products provided by [company name]at or through the Website. It also refers to [company name]-owned subdomains of [company portal], such as [subdomain 1] and [subdomain 2]. These Terms also govern [company name]’s conference websites, such as [example website], and product websites, such as electronjs.org. Occasionally, websites owned by [company name] may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

Account Terms

Short version: Personal Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

Account Controls

Users. Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it.

Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one Personal Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

Account Requirements

We have a few simple rules for Personal Accounts on [company name]'s Service.

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:

A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free Personal Account.

One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).

You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. [company name] does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows.

You may not use [company name] in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use [company name] if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. [company name] may allow persons in certain sanctioned countries or territories to access certain [company name] services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.

Account Security

You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.

You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).

You are responsible for maintaining the security of your Account and password. [company name] cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify [company name] by contacting us through the [company name] Support portal if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

Additional Terms

In some situations, third parties' terms may apply to your use of [company name]. For example, you may be a member of an organization on [company name] with its own terms or license agreements; you may download an application that integrates with [company name]; or you may use [company name] to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

If you are a government User or otherwise accessing or using any [company name] Service in a government capacity, this Government Amendment to [company name] Terms of Service applies to you, and you agree to its provisions.

If you have signed up for [company name] Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions.

Acceptable Use

Short version: [company name] hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.

User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

[company name] May Remove Content

We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or [company name] terms or policies. User-Generated Content displayed on [company name] Mobile may be subject to mobile app stores' additional terms.

Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other [company name] Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting [company name] the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.

License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant [company name] the right to sell Your Content. It also does not grant [company name] the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, [company name] may permit our partners to store and archive Your Content in public repositories in connection with the [company name] Arctic Code Vault and [company name] Archive Program.

License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).

If you set your pages and repositories to be viewed publicly, you grant each User of [company name] a nonexclusive, worldwide license to use, display, and perform Your Content through the [company name] Service and to reproduce Your Content solely on [company name] as permitted through [company name]'s functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other [company name] Users.

Contributions Under Repository License

Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.

Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.

Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant [company name] the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

Private Repositories

Short version: We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.

Control of Private Repositories

Some Accounts may have private repositories, which allow the User to control access to Content.

Confidentiality of Private Repositories

[company name] considers the contents of private repositories to be confidential to you. [company name] will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

Access

[company name] personnel may only access the content of your private repositories in the situations described in our Privacy Statement.

You may choose to enable additional access to your private repositories. For example:

You may enable various [company name] services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but [company name] will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the [company name] Service, we will provide an explanation of those rights.

Additionally, we may be compelled by law to disclose the contents of your private repositories.

[company name] will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.

Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on [company name] violates your rights, please contact us via our convenient DMCA form or by emailing [email address]. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the Accounts of repeat infringers of this policy.

Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

[company name]'s Rights to Content

[company name] and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © [company name], Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from [company name].

[company name] Trademarks and Logos

If you’d like to use [company name]’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: [link to logos page].

License to [company name] Policies

This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.

API Terms

Short version: You agree to these Terms of Service, plus this Section H, when using any of [company name]'s APIs (Application Provider Interface), including use of the API through a third party product that accesses [company name].

Abuse or excessively frequent requests to [company name] via the API may result in the temporary or permanent suspension of your Account's access to the API. [company name], in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed [company name]'s rate limitations.

You may not use the API to download data or Content from [company name] for spamming purposes, including for the purposes of selling [company name] users' personal information, such as to recruiters, headhunters, and job boards.

All use of the [company name] API is subject to these Terms of Service and the [company name] Privacy Statement.

[company name] may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of [company name]'s Service.

[company name] Additional Product Terms

Short version: You need to follow certain specific terms and conditions for [company name]'s various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.

Some Service features may be subject to additional terms specific to that feature or product as set forth in the [company name] Additional Product Terms. By accessing or using the Services, you also agree to the [company name] Additional Product Terms.

Beta Previews

Short version: Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better.

Subject to Change

Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.

Confidentiality

As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.

Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered [company name]’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a [company name]-organized group discussion about a private Beta Preview feature).

Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from [company name]. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided [company name] has been given reasonable advance written notice to object, unless prohibited by law.

Feedback

We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that [company name] will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

Payment

Short version: You are responsible for any fees associated with your use of [company name]. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

Pricing

Our pricing and payment terms are available at [link to pricing page]. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

Upgrades, Downgrades, and Changes

We will immediately bill you when you upgrade from the free plan to any paying plan.

If you change from a monthly billing plan to a yearly billing plan, [company name] will bill you for a full year at the next monthly billing date.

If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.

You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

Billing Schedule; No Refunds

Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to use paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See [company name] Additional Product Terms for Details.

Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the [company name] invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, [company name] reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on [company name]'s net income) that are imposed or become due in connection with this Agreement.

Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for [company name].

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay [company name] any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the [company name] Support portal. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

Cancellation and Termination

Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.

Account Cancellation

It is your responsibility to properly cancel your Account with [company name]. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.

Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.

We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

[company name] May Terminate

[company name] has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. [company name] reserves the right to refuse service to anyone for any reason at any time.

Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications with [company name]

Short version: We use email and other electronic means to stay in touch with our users.

Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Legal Notice to [company name] Must Be in Writing

Communications made through email or [company name] Support's messaging system will not constitute legal notice to [company name] or any of its officers, employees, agents or representatives in any situation where notice to [company name] is required by contract or any law or regulation. Legal notice to [company name] must be in writing and served on [company name]'s legal agent.

No Phone Support

[company name] only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

[company name] provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

[company name] does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

the use, disclosure, or display of your User-Generated Content;

your use or inability to use the Service;

any modification, price change, suspension or discontinuance of the Service;

the Service generally or the software or systems that make the Service available;

unauthorized access to or alterations of your transmissions or data;

statements or conduct of any third party on the Service;

any other user interactions that you input or receive through your use of the Service; or

any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release [company name] from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that [company name] (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases [company name] of all liability); and (3) provides to you all reasonable assistance, at your expense.

Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your [company name] account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Miscellaneous

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and [company name] and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and [company name] agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

Non-Assignability

[company name] may assign or delegate these Terms of Service and/or the [company name] Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of [company name] to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of [company name], or by the posting by [company name] of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the [company name] Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and [company name] relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

Questions

Questions about the Terms of Service? Contact us through the [company name] Support portal [link to support portal].