These Terms of Service (the “Terms of Service”) govern the relationship between ChangeTower LLC (“we” or “ChangeTower” or “ChangeTower”) and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by ChangeTower LLC (https://changetower.com). These Terms of Service supersede any past or contemporary communications between you and ChangeTower.
The terms and conditions set forth herein apply regardless of the of the device, service or method used to access ChangeTower and extend to any geographic location in which ChangeTower is accessed. These articles define the legally binding terms for your use of and access to ChangeTower, its services, features, content and assets (“Services”). Please read the Terms of Services before using ChangeTower.
The Services are in a constant state of change and evolution. The Terms of Service may include references to future functionality and Services that have not yet been implemented and are not yet publicly available. Accessing ChangeTower or using the Service constitutes continued acceptance of the Terms of Service.
At all times, you are solely responsible for reviewing and confirming that these Terms of Service are in compliance with all laws, rules and regulations applicable to you or your operating entity. Should compliance be unconfirmed, you agree not to use or otherwise benefit from the use of the Services.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Chicago, Illinois.
ACCEPTANCE OF TERMS
SIGN UP & REGISTRATION
In order to use portions of the Service, you must sign up with ChangeTower (thereby becoming a “User” and creating an “Account”). Information provided during the registration process must be complete and accurate.
You shall not: a) create an account with the intent to impersonate another user or person; or b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of ChangeTower.
Any use of another User’s account of Services may only be permitted with the express permission of the User.
You are solely responsible for all activity performed on your account. It is your responsibility to protect the safety and security of your account’s password. In the event of a security breach or suspected security breach, you are required to provide notice to ChangeTower without delay.
ELIGIBILITY & COMPLIANCE
ChangeTower may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice including but limited to entities with a paid for (“Upgraded”) account and a free accounts. ChangeTower may delete or otherwise disable any User’s account without notice or explanation.
By accessing the Services, you acknowledge and agree that you will not directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by ChangeTower or corresponding laws and regulations. You will not attempt to alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services.
“Content” refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with ChangeTower and the Services whether created, uploaded or otherwise employed by ChangeTower, its Users or affiliates.ChangeTower makes no warranties as to the availability or accuracy of the Content.ChangeTower further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations.
You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, servicemark, patent, trademark, trade secret, or other regulation, law or policy or (2) that in any impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion ofChangeTower.
ChangeTower reserves the right to view, download, read, save or otherwise employ all Content except as specifically prohibited by laws governing the use of the Content. All Content collected, stored or employed byChangeTower, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of ChangeTower. ChangeTower may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.
ChangeTower does not warrant that any Content will be made available or remain available. ChangeTower makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. ChangeTower reserves the right to remove, disable or delete any Content without warning, notice or explanation.
Content specifically generated by or specifically employed by ChangeTower, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by ChangeTower. Further, you may not use or exploit any content owned by or restricted by a third party entity.
FEES, PROMOTIONS, AND BILLING
Any and all fees collected by ChangeTower are subject to change at any time at the sole discretion of ChangeTower. Prior to implementing any changes to fee structure, ChangeTower will make a reasonable effort to inform Users directly affected by the fee change.
From time to time, ChangeTower may offer an incentive (“Promotion”) in the form of a monetary discount or other benefit to encourage Users to purchase an Upgraded Account. ChangeTower reserves the right to create, cancel or otherwise alter an ongoing Promotion at any time. ChangeTower may, at it sole discretion, refuse to honor the terms of the Promotion to any individual or entity for any reason including but not limited to the suspicion of fraud. Already Upgraded Users are not entitled to receive the incentive(s) offered by a Promotion.
ChangeTower reserves the right to seek payment for any fees owed, whether resulting from a chargeback or reversal from a User’s bank or credit card company, improper billing, fraudulent transaction, or any other case or scenario in which ChangeTower is unable to collect fees due at the time of sale. Failure to remit fees owed can result in the suspension or termination of your account without notice.
While ChangeTower will evaluate the request for a refund of any fees already paid on a case-by-case basis, ChangeTower reserves the right to refuse any such refund for any reason.
DISCLAIMERS & NOTICES
a. Modification. At its sole discretion, ChangeTower reserves the right to modify, remove or replace any component of these Terms of Service at any time without notice.
b. Availability and function. ChangeTower makes no warranties, express or implied, as to the continued availability or function of the Services or Content. ChangeTower is not responsible for any damages, losses, or penalties resulting directly or indirectly from the inavailability, degradation or lack of function of any Content or Services including but not limited to server outages, technical glitches, data loss, intrusion, attack, update, change, or error. ChangeTower may change, suspend, or discontinue the Content or Services (including without limitation, the availability of any feature, component, Content item, or database) at any time. ChangeTower may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice, explanation or warning.
c. Release from liability. You release ChangeTower from all liability associated with the Content or Services. ChangeTower cannot be held liable for the availability, accuracy, sentiment, decency, copyright compliance, or legality associated with any Content or Services. ChangeTower is not liable or otherwise responsible for damages, losses, penalties, legal actions or compliance errors associated with the Content or Services or the use thereof.
d. Services and Content Provided “As Is.” The Services and Content are provided “as is,” and without a warranty or service level agreement (“SLA”) of any kind. ChangeTower, its employees, partners, affiliates, managers and agents make no warranties as to the safety or security of the Services in any given location or any any given time. ChangeTower does not warrant or otherwise affirm that the Content or Services will meet a given User’s requirements or be virus, error, bug or defect-free.
e. Third Party Services. Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. ChangeTower makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of ChangeTower’s control, and ChangeTower is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.
f. No Waiver. The failure of ChangeTower to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service.
g. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with ChangeTower’s prior express written consent. ChangeTower may assign, transfer or delegate any of its rights and obligations hereunder without consent or notification.
All parties to this agreement shall defend, indemnify, and hold harmless the other parties, their affiliates and all associated staff, employees, managers, agents, directors, suppliers, contractors and representatives from all liabilities, claims, and expenses, including reasonable outside attorneys’ fees that may arise from or be associated with any party’s use or misuse of the Services or Content. No parties shall be made responsible or liable from any penalties, legal actions, loss in data, business, or profit associated either directly or indirectly with such use.
You may contact ChangeTower LLC at the following address:
20 W Kinzie
17th Floor – Suite 9006
Chicago, Illinois 60654
December 22, 2017