Terms Of Service
1. Description of Services; Statement of Intended Use
2. Registration; Billing Information; Site Administrator
3. Registration Code; Password; Security
4. Termination
5. Access to Services; Support; Third Party Providers; Rights
6. Fees
7. Privacy
8. Backup
9. Warranty Information and Disclaimers
10. Indemnity
11. Proprietary Rights
12. Miscellaneous
13. Representations of Subscribing Organization
14. Notices and Procedure for Making Claims of Copyright Infringement
15. Ownership of Data
16. Copyright and Trademark Information
INTRODUCTION
Welcome to RecDesk Director, the easy to get started, easy to use and easy on your budget Parks & Recreation Management service! This service includes a unique URL, pay per member access to our RecDesk Director and RecDesk Community applications, web hosting and any other optional fee-based services that may be available from time to time. By registering, the individual or the organization identified as the Subscribing Organization in the Site registration process will be assigned a unique URL, and its Authorized Users will have access to our RecDesk applications and web hosting, and our other services as described in these Terms of Service. RecDesk LLC provides services to the Subscribing Organization and its Authorized Users expressly subject to these Terms of Service, which we may update at any time with or without notice. The Subscribing Organization and its Authorized Users can review the current version at http://www.recdesk.com/tos/ . THESE TERMS GIVE THE SUBSCRIBING ORGANIZATION, ITS AUTHORIZED USERS AND RECDESK LLC CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO THESE TERMS, THE SUBSCRIBING ORGANIZATION’S OR AUTHORIZED USER’S FAILURE TO PROMPTLY DISCONTINUE USE OF THE SITE AND SERVICES WILL BE DEEMED TO INDICATE ITS ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES. BY COMPLETING THE REGISTRATION PROCESS OR FORM AND CLICKING THE “I ACCEPT” BUTTON, THE SUBSCRIBING ORGANIZATION: (A) MAKE THE REPRESENTATIONS IN SECTION 17, (B) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ANY SUCH CHANGED PROVISIONS, WITHOUT LIMITATION OR QUALIFICATION, (C) AGREE TO REGULARLY REVIEW THESE TERMS TO ENSURE THAT THEY ARE INFORMED OF ALL SUCH MODIFICATIONS AND ADHERE TO THEM, AND (D) AGREE THAT IT IS THEIR SOLE RESPONSIBILITY TO ENSURE THAT THE E-MAIL ADDRESSES FOR SITE ADMINISTRATOR(S) ON THE SITE AND THE SITE REGISTRATION ARE LEGITIMATE AND CORRECT, TO PROMPTLY UPDATE ALL SUCH E-MAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH ADDRESSES FREQUENTLY IN ORDER TO TIMELY REVIEW ANY NOTICES RECEIVED FROM RECDESK LLC.
1. DESCRIPTION OF SERVICES; STATEMENT OF INTENDED USE
RecDesk currently provides each Subscribing Organization a unique URL and each Subscribing Organization and its Authorized Users access to our RecDesk Director and RecDesk Community applications, web hosting and to any optional fee-based professional services and our other services available from time to time. The Services, all information, products and services contained or described in the Services or any Linked Sites, and the URL may be accessed and used solely by the Subscribing Organization to which such URL is assigned and its Members, solely for purposes of managing their Organization’s programs, facilities, registrations, payments, membership and related data. RecDesk LLC may at any time Terminate the Services or any feature, or the Subscribing Organization’s or it’s Authorized Users’ access as provided in Sections 4 and 5 hereof. All changes to the Services will be subject to these Terms.
2. REGISTRATION; BILLING INFORMATION; SITE ADMINISTRATOR
To establish RecDesk Director Site, the Subscribing Organization must complete the Site registration process. The Subscribing Organization must provide accurate and complete information upon Site registration contained in the Site registration form (the “Registration Information”) as well as accurate and complete billing contact information, (“Billing Information”) and promptly update the Registration and Billing Information so that it is always accurate and complete. The person who completes the Site registration is the initial Site Administrator (RecDesk Director role) for the Site, and exercises certain options to initially determine the level of security for the Site. For example, s/he will determine who can be an Authorized User of the Site and the level of privileges that Authorized Users will possess. Each Site Administrator may designate other Authorized Users as additional and/or successor Site Administrators, and is responsible for confirming that such person(s) accept such responsibility. Upon becoming a site administrator, each person will be deemed to agree to the obligations of a Site Administrator hereunder. All notices from RecDesk LLC to the Subscribing Organization will be given to the current Site Administrator(s) at the e-mail address(es) appearing on the Site. In addition, all notices and information sent by RecDesk LLC to Member Organizations and Authorized Users will be sent to their individual addresses. In its sole discretion, RecDesk LLC will determine the timing, nature, and content of all communications with Site Administrators and Authorized Users.
3. REGISTRATION CODE; PASSWORD; SECURITY
Upon registration, the Subscribing Organization will select a Site Name. RecDesk LLC will make reasonable efforts to assign to the Subscribing Organization the Site Name that it selects. However, we reserve the right to reject or terminate use of a Site Name, if it has been previously assigned to another Subscribing Organization, or if RecDesk LLC in its sole discretion determines (a) the Site Name is offensive or its use violates applicable law, (b) the Subscribing Organization is using a Site Name of another party with the intent to impersonate that party, (c) the Site Name contains, may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party, (d) the Subscribing Organization has reserved more than five Site Names or Sites or (e) The subscribing Organization have created multiple “free trial” sites for the purpose of avoiding subscription fees. If RecDesk LLC rejects or terminates use of a Site Name because of a violation or threatened violation of this Section 3, it may elect, at its sole discretion and without prior notice: to select an alternate Site Name, to allow the Subscribing Organization to promptly select another acceptable Site Name, and/or to Terminate as provided in Section 4 hereof. The Subscribing Organization is entirely responsible for maintaining the confidentiality of the User IDs, the passwords, the Site and the information stored on the Site (collectively, the “Site Information”), and of all information that they transmit through the Services.
The Subscribing Organization will notify RecDesk LLC immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security. RecDesk LLC will not be liable for any failure by the Subscribing Organization to comply with this Section 3 or any other provision of these Terms.
RecDesk LLC, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, Site Name, any part or all of the Site, and/or the Subscribing Organization’s access to and use of any part or all of their Site Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to “Terminate” or a “Termination”), all at any time, including without limitation if (a) RecDesk LLC believes that the Subscribing Organization has violated or is threatening to violate these Terms or other policy of RecDesk LLC, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) RecDesk LLC believes that the Subscribing Organization has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, Site or Personal Information of any other Subscribing Organization, (c) the Subscribing Organization assigns its rights to the Site or the Site Name, (d) RecDesk LLC discontinues the Services or any part thereof for any reason. RecDesk LLC reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. RecDesk LLC will not, however, provide any such information to any third party unless required by law or court order.
A Termination described in Section 4(a), (b), (c), or (d) may be made with or without notice and will be effective immediately. In the event of Termination, RecDesk LLC may remove and/or permanently delete from its servers all of the Subscribing Organization’s Site Information, Site Information and Personal Information and all backup copies. RecDesk LLC may (but will not be required to) remove from its servers and/or permanently delete all such Information and/or all backup copies thereof, without further notice and without any liability of RecDesk LLC to the Subscribing Organization or any third party. Notwithstanding anything in these Terms to the contrary, if RecDesk LLC reasonably believes that the Subscribing Organization has violated or is threatening to violate applicable law or the provisions of Section 4(b) or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, RecDesk LLC may, without any notice, refer the Subscribing Organization to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information as otherwise provided herein. If a Subscribing Organization is the subject of a Termination described in this Section 4, they may not re-register for or continue to use the Services in any manner or for any reason. If the Subscribing Organization wishes to terminate its Site and use of the Services, it must notify RecDesk LLC by sending an email to: support@recdesk.com.
5. ACCESS TO SERVICES; SUPPORT; THIRD PARTY PROVIDERS; RIGHTS
RecDesk LLC will provide the means for creating the Site. We will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Site is available on a 24 x 7 basis. However, although RecDesk LLC will use all reasonable efforts in good faith to avoid interruption of the Service, the Subscribing Organization acknowledges and agrees that access to the Services, Site and Site Information may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by RecDesk LLC and any operators of our servers.
We offer free support alternatives. These include free online help, free email support for all Members, and a telephone support hotline.
To use the Services, the Subscribing Organization and Members must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Subscribing Organization may access the Services and the Site only by means of the interface provided by RecDesk LLC. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations. RecDesk LLC reserves the right to limit access to the Site or the Services by any Subscribing Organization, or person, or from any location. The Services may contain links to other World Wide Web sites of RecDesk LLC’s partners, affiliates, and providers of content or services to RecDesk LLC in delivering the Services or to its Subscribing Organizations as part of the Services (collectively, “Third Party Providers”) and to other resources and sites (all such sites collectively, “Linked Sites”). Such links are provided for the convenience of the Subscribing Organization and its Members only, and are not reviewed, monitored or controlled by RecDesk LLC. RecDesk LLC does not endorse, is not responsible for and makes no representation or warranty concerning the reliability or availability of these Linked Sites or the accuracy, reliability, completeness or authenticity of their contents, advertising or products, and is not responsible for web casting or any transmission received from any Linked Site. Use of Linked Sites is subject to the privacy policies, terms of service and other conditions applicable to such Sites. Any concerns regarding any Linked Site or its content, products or services should be directed to the administrator or webmaster of such Linked Site.
All materials published by RecDesk LLC and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any Linked Sites (collectively, the “Content”) are the property of or controlled by RecDesk LLC or the party credited as the provider of the Content.
The Subscribing Organization and its Members will respect all proprietary rights of RecDesk LLC and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained therefrom.
All fees are payable in US dollars. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Subscribing Organization).
During completion of the site subscription, one person is designated as the responsible contact for purposes of billing and payment of fees (the “Primary Contact”). The Primary Contact is not personally liable for the site fees, nor are individual site members. The obligation to pay fees rests with the Subscribing Organization. The Primary Contact may, however elect to furnish a personal credit card for the purpose of paying site fees in which case the furnishing of such information is considered his/her authorization for RecDesk LLC to use the card for any and payments related to the site. The Primary Contact may be changed by any site administrator directly through the site.
The Annual Subscription Fees are charged in accordance with RecDesk LLC’s published prices. RecDesk LLC has an annual billing cycle. The Billing cycle begins upon receipt of payment and ends one calendar year later. It is the Subscribing Organization’s responsibility to ensure that the billing contact information is complete and accurate at all times. Cancellation may be made at any time by any Site Administrator (RecDesk Director role) person through an e-mail instruction from a Site Administrator e-mail account as contained on the Site. Cancellation requests must be addressed to support@recdesk.com. Upon receipt of a valid cancellation request, RecDesk LLC may deactivate the Site at any time. Prorated or partial refunds will not be made if cancellation is requested prior to the end of Organization’s current billing cycle.
RecDesk LLC reserves the right to increase the fees it charges for access by the Subscribing Organization and its Members, provided, however, that RecDesk LLC will provide no less than thirty (30) days advance notice to existing Subscribers of its intention to do so. For existing customers, fee increases are only applicable when renewing Service Agreement at the end of current annual billing cycle.
Fees for other services that may be offered in the future are also charged in accordance with the prices in effect at the time of purchase, or renewal.
RecDesk respects the privacy of its Subscribing Organizations and Members. Please read our Privacy Statement at http://www.recdesk.com/privacy.html, which forms part of these Terms.
RecDesk LLC and/or it’s partners regularly backs up Site Information stored on the Site, and stores the same for a limited time. Subject to the limitations set forth in Sections 4 and 5 hereof, upon the Subscribing Organization’s request and payment of the then-current fee, we will make reasonable efforts to restore Site Information. RecDesk LLC will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.
9. WARRANTY INFORMATION AND DISCLAIMERS
THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION, SERVICE AND PRODUCTS ADVERTISED, PURCHASED, OBTAINED OR ACCESSED THROUGH THEM OR ANY THIRD PARTY PROVIDER (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RECDESK LLC EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE MATERIALS WILL MEET THE SUBSCRIBING ORGANIZATION’S OR ITS MEMBERS’ REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY, QUICK, CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS, INACCURACIES, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE USE OR THE RESULTS OF USE OF ANY OF THE MATERIALS.
THE SUBSCRIBING ORGANIZATION ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS AND ITS MEMBERS’ USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL RECDESK LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION OF THE MATERIALS, OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES THEREFOR, (B) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION IN THE MATERIALS, (C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE MATERIALS OR THE SUBSCRIBING ORGANIZATION’S OR MEMBERS’ TRANSMISSIONS, DATA, OR PERSONAL, REGISTRATION OR SITE INFORMATION, (D) ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS OR PERSONAL, REGISTRATION OR SITE INFORMATION RESULTING FROM NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON, (E) ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY PARTY USING THE MATERIALS, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT COLLECTION BY A THIRD PARTY PROVIDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RECDESK LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBING ORGANIZATION’S AND ITS MEMBERS’ SOLE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE, THE SITE AND THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE SUBSCRIBING ORGANZIATION AND/OR ITS MEMBERS.
The Subscribing Organization and its Members agree, to the extent allowed under federal law, to indemnify and hold RecDesk LLC, its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) the Subscribing Organization’s or its Members’ use of or connection to the Services, this Website, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Subscribing Organization or its Members through or on the Site or the Services, (c) activities in connection therewith, or (d) the Subscribing Organization’s or its Members’ breach of this Agreement or violation of the rights of any other party.
The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscribing Organization or its Members through the Services by RecDesk LLC or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of RecDesk LLC, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to RecDesk LLC through this Website, in writing, by e-mail or otherwise to RecDesk LLC will be the property of RecDesk LLC and RecDesk LLC will have all rights therein without any obligation to compensate the Subscribing Organization or its Members. All Site Information will remain the sole property of the Subscribing Organization, its Members or any party with rights therein. Any rights not expressly granted herein are reserved.
The Subscribing Organization agrees that no joint venture, partnership, employment, or agency relationship exists between the Subscribing Organization or its Members and RecDesk LLC as a result of these Terms or use of or access to the Services, Content or Site. These Terms and the relationship among the Subscribing Organization, its Members and RecDesk LLC are governed by and construed in accordance with the laws of the State of Connecticut and the United States of America without regard to conflict of law provisions. The Subscribing Organization and its Members hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Middlesex County, Connecticut, U.S.A. in all disputes arising hereunder or out of or relating to the use of or access to the Services, Content or Site, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Use of or access to the Services, Content and Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. If any part of these Terms is determined by a court to be invalid, unenforceable or contrary to applicable law, then such provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the other provisions of these Terms will remain in force and effect. These Terms incorporate by reference all notices and policies contained on this Website, and constitute the entire agreement between the Subscribing Organization, its Members and RecDesk LLC with respect to this Website, the Services, Content and Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between the Subscribing Organization, its Members and RecDesk LLC with respect to this Website, the Services, Content and Site. Any failure of RecDesk LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The Subscribing Organization and RecDesk LLC agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services, Content or Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
13. REPRESENTATIONS OF SUBSCRIBING ORGANIZATION
By registering and accepting these Terms, the initial Site Administrator (RecDesk Director role) on behalf of the Subscribing Organization and all its Members, and each Member on its individual behalf, hereby represents and warrants to RecDesk LLC that: a. s/he is the duly authorized Site Administrator of the Subscribing Organization and has the authority and legal capacity to register and accept these Terms on behalf of the Subscribing Organization and to bind the Subscribing Organization thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to use and access the Services; c. (i) the Subscribing Organization and its Members are eligible to establish a Site and to become Members, (ii) the Subscribing Organization and its Members accept and agree to be bound by these Terms, and the Subscribing Organization will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Subscribing Organization and Members will regularly review these Terms, and in the event of any change, the Subscribing Organization’s or Member’s failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Subscribing Organization, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.
14. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to RecDesk LLC, 28 White Birch Rd, East Hampton, Connecticut (USA); email:mike.morris@recdesk.com.
Your organization owns the data. We just act as the caretaker for it. RecDesk does not share or sell any personally identifiable information about your organization or its members. Please see our privacy statement for more details.
16. COPYRIGHT AND TRADEMARK INFORMATION
All trademarks, service marks and logos used in this Website are the property of their respective owners. All contents of this Website are the property of RecDesk LLC. Copyright © 2005-2013 RecDesk LLC, Inc. All Rights Reserved.
