OE21 SITE LICENSE AGREEMENT
NOTICE: When you log in to this Site, you are subject to this OE21 Site License Agreement. If you or your organization has any questions or issues with respect to this Agreement, please email them to Chuck Mitchell, Managing Director, AfCI LLC - Email: firstname.lastname@example.org
Terms and Conditions of Use
These Terms and Conditions of Use are effective from January 1, 2020, for new and existing users. For purposes of this Agreement, “You”, “Your”, “User”, and “Customer” refer to individuals or entities subscribing for access to OE21.net. “AfCI LLC (Alliance for Continuous Improvement, LLC). AfCI LLC operates under the DBA HPO21 Institute (www.hpo21institute.com). AfCI LLC is the owner and developer of the OE21.net web site and the OE21 decision support tools, including surveys, spreadsheet models, and supporting documents. Services offered to you are provided under the following terms and conditions of this Agreement (“Agreement”). The Agreement comprises the agreement between you and AfCI LLC and supersedes all prior agreements. By using any of the services provided on OE21.net, you agree to be bound by all terms and conditions herein. If for any reason, you do not agree with any part of the Agreement, you agree not to use any of the services provided by AfCI LLC and OE21.net.
1. Services Void Where Prohibited
Use of the Services is void where prohibited. By using OE21.net, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms & Conditions of this Agreement and all relevant local and international laws related to this Agreement.
You agree that any and all registration information provided by you and your entity (business, nonprofit, government or other organization) is accurate. You agree to provide a valid email address to be used as a single identifier LOGIN for all users within your entity (organization). AfCI LLC will provide your organization's PASSWORD for OE21.net. Your login/password authorization by AfCI LLC grants your organization a multi-user Site license, where “Site” is a location with city, state, zip address. You agree that by subscribing for an account on OE21.net, your organization will be granted access to and use of the OE21.net. When you subscribe to OE21.net you understand that you are registering for a paid subscription that will charge your credit card every month for the fees shown in the Purchase page of www.hpo21institute.com. You undertake that you are the rightful owner of the credit card account and any credit card data you provide, where applicable, is correct. You are responsible for any cardholder data entered into the OE21.net Shopping Cart (ShopIFY.com).
3. Cancelations and Refunds
AfCI LLC requires an upfront, one-time, non-refundable payment for download and setup of the OE21 decision support tools (surveys, spreadsheets, and docs). Once your organization receives all the OE21 decision support tools, AfCI assists your organization in establishing non-public, internal access to these tools by inserting links on your organization's INTRANET (non-public) web site. The Setup fee is published at https://www.hpo21institute.com/oe21-purchase - AfCI LLC does not tie you to a contract. Your OE21.net subscription will renew every month. You can cancel your subscription at any time by sending an email to” email@example.com with the Subject “Cancel My Subscription.” Please add a short comment on why you are canceling your subscription.
4. Description of OE21 and AfCI LLC Services
AfCI LLC offers the following OE21 and AfCI LLC Services as of January 1, 2020:
(1) OE21 Free 30-Day Access (if you Qualify) - This service is described and published at https://www.hpo21institute.com/oe21-purchase. If you receive authorization for the 30-Day Access then you may log in and review OE21 web page content (standards and other pages), and you may review descriptions of OE21 decision support tools (surveys, spreadsheet models, and other documents). You may not download and use any of the OE21 decision support tools (surveys, spreadsheets, and documents). You may not copy any content from any OE21 web page and use it for other purposes. The OE21 copyright is Registered with the U.S. Copyright Registration Agency and has full protection rights in the USA and Internationally.
(2) OE21 Paid Subscriber Access - This a two-step process.
Step 1 - You pay the upfront, one-time, non-refundable payment for download and setup of the OE21 decision support tools (surveys, spreadsheets, and docs).
Step 2 - You (your organization subscribes (pays) for |month-to-month) access to OE21, which authorizes you to log in and review OE21 web page content (standards and other pages), and to review descriptions of - and use - OE21 decision support tools (surveys, spreadsheet models and other documents). You may not copy any content from any OE21 web page and use it for other purposes. You may not give away or sell any of the OE21 web page standards, or decision support tools (surveys, spreadsheet models, and other documents). The OE21 copyright is Registered with the U.S. Copyright Registration Agency and has full protection rights in the USA and Internationally.
6. Email Newsletters and Messages
As a registered OE21.net user, you will automatically receive our email newsletters to keep you informed about our key features, important feature updates, and latest releases. These newsletters may include material that may be promotional in nature. At any time, you can choose to stop receiving them by clicking on the unsubscribe link at the bottom of the newsletter. Please note that even if you unsubscribe from receiving our newsletters, you will continue to receive important email messages from AfCI LLC, which may include service-related information and information related to your accounts such as account upgrade and subscription-based notifications.
You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all account activities. You may NOT change your password or any other account information unless AfCI LLC notifies you that your password has been changed. You agree to notify AfCI LLC immediately of any unauthorized use of your account or any other known breach of security. You must promptly inform AfCI LLC of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. In consideration for using the OE21.net Services, you agree to (1) provide certain current, complete, and accurate information when prompted by AfCI LLC, and (2) maintain and update this information as required to keep it current, complete, and accurate. If any information provided by you during your registration – or changes to account information – is inaccurate, AfCI LLC reserves the right to immediately terminate your account and your right to use the OE21.net Services.
9. Abuse of the Services
AfCI LLC reserves the right to terminate your account if OE21.net determines you have not complied with any part of this Agreement.
10. User Conduct
OE21.net reserves the right – but does not assume responsibility – to monitor or review your conduct within the OE21.net Services. Your use of the OE21.net Services is subject to all applicable local, state, national, and international laws and regulations. You agree not to use OE21.net for any illegal purposes, disrupt networks connected to OE21.net, collect or misuse information about other users, transmit through the OE21.net Services any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material, create a false identity for the purpose of misleading others as to your identity or the origin of any message, transmit or upload any material that contains viruses or harmful content, attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, or engage in any conduct that, in AfCI LLC’s sole discretion, is considered inappropriate, unauthorized, or objectionable.
You agree to indemnify and hold AfCI LLC, officers, employees, agents, directors, successors, and assigns harmless from any claim or demand – including reasonable attorneys’ fees – made by any third party due to or arising out of your use of the OE21.net Services; the violation of this Agreement by you; the infringement by you (or another user of the Services using your account) of any intellectual property or other rights of any person or entity or violation of any federal, state, or local law or regulation.
You may immediately terminate your participation in the OE21.net Services with or without cause at any time. AfCI LLC may terminate the OE21.net Services or your use of the Services with or without cause at any time, effective immediately, at AfCI LLC’s sole discretion, including, but not limited to, the immediate termination of your use of the OE21.net Services should your conduct fail to conform to the terms and conditions of this Agreement. AfCI LLC shall not be liable to you or any third party for termination of the OE21.net Services or termination of your use of the OE21.net Services. If you object to any terms and conditions of the Agreement or any subsequent modifications OE21.net makes to the Agreement or become dissatisfied with the OE21.net Services in any way, your only recourse is to immediately: (1) discontinue use of the OE21.net Services and (2) notify AfCI LLC of your termination and, at your discretion, notify AfCI LLC of the reasons for your termination. Upon termination of your use of the OE21.net Services, your right to use the OE21.net Services shall immediately cease. You shall have no right and AfCI LLC shall have no obligation thereafter to forward any unread or unsent messages to you or any third party on your behalf. All appropriate sections shall survive termination of the Agreement.
13. Links to Third Party Sites
14. Disclaimer of Warranties
You expressly agree that your use of the OE21.net Services is at your sole risk. The OE21.net Services are provided on an “as is” and “as available” basis. AfCI LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AfCI LLC makes no warranty that its Services will meet your requirements, or that its Services will be uninterrupted, timely, secure, or error-free. AfCI LLC makes no warranty as to results that may be obtained from the use of the Services; or as to the accuracy or reliability of any information obtained through the Services; or that defects in the software will be corrected. You acknowledge that AfCI LLC does not control the content, information, products, or services offered by advertisers, third parties, or other users on or through the Services, including, but not limited to information, products, or services provided by license to AfCI LLC from third parties or content provided by other users. AfCI LLC assumes no responsibility for and makes no warranty or representation as to, the accuracy, currency, completeness, reliability, usefulness, or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers and users) through the OE21.net Services. You will be solely responsible for any damage to your computer system or loss of data resulting from your attempt to download material from the OE21.net Services. AfCI LLC makes no warranty regarding goods or services purchased or obtained or any transactions entered into through its Services. No advice or information, whether oral or written, obtained by you from OE21.net or through the OE21.net Services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
15. Limitations of Liability
AfCI LLC shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, damages for loss of profits, use, data, or other intangibles even if AfCI LLC has been advised of the possibility of such damages resulting from the (i) use or the inability to use the Services; (ii) cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with AfCI LLC or a third party through the use of the OE21.net Services; (iv) inaccuracy of any information obtained from the use of the Services or reliance on such information; or (v) unauthorized access to your account or alteration of your account or data. You specifically agree that AfCI LLC is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable conduct or speech of any other party on or through the OE21.net Services or for any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may not apply to you.
You agree to waive and discharge all claims, release AfCI LLC from all liability, and indemnify and hold harmless AfCI LLC as well as its subsidiaries, affiliates, parent company, officers, agents, and other partners and employees from any and all liability on account of, or in any way resulting from, damages in any way connected with using OE21.net. You agree, understand, and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, and administrators.
16. General Provisions
This Agreement shall be governed by and construed in accordance with the laws of Florida, United States of America. You agree to submit to the exclusive jurisdiction of the Florida court in the United States of America, provided, however, that AfCI LLC, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this Agreement through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Florida, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. If any provisions of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. AfCI LLC’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AfCI LLC in writing. You and AfCI LLC agree that any lawsuit arising out of or related to the Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties; they have no legal or contractual significance.
17. Modifications to the Services and to Terms of Service
AfCI LLC reserves the right to modify or discontinue the Services with or without notice. AfCI LLC shall not be liable to you if the Services are modified or discontinued. AfCI LLC in its sole discretion may change the terms and conditions of the Agreement at any time. In the event of any material or substantial change in the terms and conditions of this Agreement, AfCI LLC may notify you via email, and/or by posting an announcement of the changes together with a link to the new Agreement on the OE21.net Services. By using the OE21.net Services after any change in the Agreement you acknowledge and accept changes to the Agreement.