Keep Your Sellers Selling
Responsum is an AI Sales Assistant that enables revenue teams to reach their peak performance fast. Stop spending time on busy work and things that don't drive revenue and start closing deals. Chat with Responsum in Slack or Teams using natural language to get things done across all your tools, automate processes plays, and build and access team knowledge.
Request access to our private beta. Setup only takes a few minutes and you'll save more than 100 hours annually per team member. That's 100 more hours to close deals and drive revenue.
🤩 Increase time spent with customers
Sales people spend less than 30% of their time with customers. The rest is spent on data entry, meetings, research, and more. Responsum takes care of some of these tasks automatically and makes doing the rest faster by allowing you to access all of your tools just by chatting with our Sales bot in Slack or Teams.
🔎 Improve data collection and accuracy
You can update information in any system just by texting. Need to capture notes after a meeting? Just type. Want to update the details of a deal? Tell Responsum. The AI Sales Coach understands natural language and connects to your tools to get everything updated when you say so.
🚀 Accelerate team performance
Responsum is always learning so it knows everything about your product, pricing, process, and whatever else you want it to know. When a new rep joins the team all they have to do is ask Responsum their questions and boom! It's done. Responsum coaches the team member on the right process and plays without you having to do it all.
🧠 Never forget critical knowledge
Responsum is like your team brain. It "listens" for common questions, picks up on patterns that close deals, and connects to wherever you store critical documents like decks, pricing, case studies, and more. It makes all of this available to your team just by asking for it.
📈 Boost the ROI of your sales stack
You can update information in any system just by chatting with your AI. Need to capture notes after a meeting? Want to update the details of a deal? Tell Responsum. The AI Sales Coach understands natural language and connects to your tools to get everything updated when you say so.
⚡️ Access any tool from one place
Responsum AI lives in Slack or Teams. Connect your sales tools and start chatting to find and update information without having to ever leave one place. This keeps you and your team in your flow state longer because you're not switching windows.
Increase Revenue Productivity
Responsum only takes a few minutes to setup and start seeing immediate value. You'll wonder why you've been wasting so much time switching between tools and working the old way.
Request access to our private beta👇
How It Works
Sign up for an account (free) and connect to your favorite tools.
Start chatting with Responsum in Slack or Teams.
Responsum (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the information we may collect from you or that you may provide when you visit the website www.responsum.ai (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
+ On this Website.
+ In e-mail, text and other electronic messages between you and this Website.
+ Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
+ When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
This policy DOES NOT apply to information that:
+ We collect offline or on any other Company apps or websites, including websites you may access through this Website.
+ You provide to or is collected by any third party.
Our websites and apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of 13
Our Website is not intended for children under 13. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Information We Collect About You and How We Collect It
We collect information from and about users of our Website, including information:
+ By which you may be identified, such as name, postal address, e-mail address, telephone number, record number or credit card information (“personal information”);
+ That is about you but individually does not identify you; and
+ About your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
+ Directly from you when you provide it to us.
+ Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
+ From third parties, for example, our business partners.
Information You Provide to Us. The information we collect on or through our Website may include:
+ Information you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
+ Records and copies of your correspondence (including e-mail addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research.
+ Details of transactions you carry out through our Website and of fulfilling your orders. You may have to provide financial information before placing an order through our Website.
+ Your search queries on the Website.
You may provide information to be published or displayed (“Posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Please know that no security measures are perfect or impenetrable. We cannot control the actions of other users of the Website with whom you may share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
+ Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources you access and use on the Website.
+ Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
+ Estimate our audience size and usage patterns.
+ Store information about your preferences, allowing us to customize our Website according to your individual interests.
+ Speed up your searches.
+ Recognize you when you return to our Website.
The technologies we use for automatic information collection may include:
+ Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
+ Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use Your Information
We use information we collect about you or that you provide to us, including any personal information:
+ To present our Website and its contents to you.
+ To provide you with information, products or services you request from us.
+ To fulfill any other purpose for which you provide it.
+ To provide feedback on your use of our products and services.
+ To provide you with notices about your account, including expiration and renewal notices.
+ To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
+ To notify you about changes to our Website or any products or services we offer or provide though it.
+ To allow you to participate in interactive features on our Website.
+ To improve customer service.
+ To personalize your experience.
+ To administer a contest, promotion or survey.
+ In any other way we may describe when you provide the information.
+ For any other purpose with your consent.
We display testimonials of satisfied customers on our Website and in print advertisements. With your consent, we may use your testimonial and your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
We may also use your information to contact you about our own and third-parties' goods and services that may interest you.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that identifies no individual.
We may disclose personal information we collect or you provide:
+ To our subsidiaries and affiliates.
+ To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
+ To a buyer or other successor if a merger occurs, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
+ For any other purpose disclosed by us when you provide the information.
With your consent.
+ To comply with any court order, law or legal process, including to respond to any government or regulatory request.
+ To enforce our Terms of Service www.responsum.ai/tos and other agreements, including for billing and collection.
+ If disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
+ Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to firstname.lastname@example.org. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company because of a product purchase, warranty registration, product service experience or other transactions.
+ We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You may send us an e-mail at email@example.com to request access to, correct or delete any personal information you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Service www.responsum.ai/tos.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
Your EU Data Subject Rights
EU individuals have the following rights (when acting as a processor, individuals must exercise these rights with the data controller):
+ Access, Rectification, Portability and Deletion. You have the right to access your personal information held by us. You may do so by sending an email to email@example.com. In addition, you may also have the right to request that certain personal information be exported to another provider where technically feasible, and under certain conditions to object to or restrict our use of certain personal information.
+ Withdraw Consent. Where we process your personal information on the basis of your consent, you have the right to withdraw your consent without affecting the lawfulness of processing based on consent before its withdrawal.
+ Object to Processing. You have the right to object to processing (including profiling) based on legitimate interest grounds, where we are relying upon legitimate interests to process personal information. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case individually.
+ Object to Marketing. You have the right to object to our use of your personal information (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
+ Right to Lodge a Complaint. You may lodge a complaint with a supervisory authority. Any requests in relation to your rights should be directed to firstname.lastname@example.org. Please remember that certain services will not be available if you withdraw your consent, or otherwise delete or object to our processing of certain personal information. We will respond to your request under applicable law, and we will inform you if we do not intend to comply with your request.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology processed through our payment gateway provider’s database, which is only accessible by authorized personnel with special access rights to such systems bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential. After a payment transaction, your private financial information will not be stored on our servers.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures on the Website.
Chief Privacy Officer
2600 Network Blvd., Suite 570
Frisco, Texas 75034
If you are an EU individual and have any further queries or complaints we cannot answer, contact the Data Privacy Supervisory Authority for the country in which you reside:
Austria: Austrian Data Protection Authority
Germany: Federal Commissioner for Data Protection and Freedom of Information
Republic of Ireland: Irish Data Protection Commissioner
Netherlands: Dutch Data Protection Authority
United Kingdom: Information Commissioner’s Office
Last modified: July 11th, 2019
Terms of Service
Our Terms of Service were updated on July 11th, 2019.
Responsum and its subsidiaries and affiliates (collectively, “Responsum”) provides: (1) an Responsum user Account website (as defined in Section 2(a)) that may be accessed at www.responsum.ai (the “Site”), (2) services accessible through the Site (“Web Apps”), (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with Responsum hardware products (“Products”) and in other ways that Responsum provides. Some Responsum products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Site, Web Apps, Mobile Apps, and Subscription Services.
These Terms of Service (“Terms”) govern your access to and use of the Services. Please read these terms carefully before you start to use the Services. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Dispute Resolution and Arbitration section below if you wish to opt out of this provision. The term “you,” as used in these Terms, means any person or entity who accesses or uses the Services and any person or entity who creates an Account and accepts these Terms, including Owners, Authorized Users (as defined in Section 2(b)), and the parents or guardians of Authorized Users (as described in Section 1(b)(ii)). These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACKNOWLEDGING THE AGREEMENT OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITE), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY (SUBJECT TO SECTION 1(b)(ii) BELOW) TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE, SUBJECT TO SECTION 1(b)(ii) BELOW, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1. Overview, Eligibility, Customer Service, Term and Termination
(b) Eligibility. (i) You may use the Services only if you can form a contract with Responsum (except subject to clause (1)(b)(ii) below), and only if you comply with these Terms and all local, state/provincial, national, and international laws, rules, and regulations. Only individuals age 18 and older may act as Owners of Responsum Accounts. (ii) If you are an Authorized User, you represent and warrant you are over the age of 13, and if you are between the age of 13 and the age of majority in the jurisdiction where you reside, that you will only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Services by individuals under the age of 13 is strictly prohibited and violates these Terms. The Services are not available to any users previously prohibited from using the Services by Responsum.
(c) Customer Service. If you have any questions regarding the Products, the Services, or these Terms, please contact Responsum.
(d) Term and Termination. These Terms will remain in full force and effect if you continue to access or use the Services, or until terminated under these Terms. Responsum may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms regarding you if Responsum in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services regarding that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Responsum.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
(a) Your Account. To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services violates no U.S. or other applicable law or regulation (e.g., you are not in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Responsum of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Responsum is not liable for any loss or damage arising from your failure to comply with the above requirements.
(b) The individual who creates an Account is the “Owner” of that Account and is the Owner of the Responsum Products associated with that Account. Individuals authorized to access an Owner’s Products and Services are “Authorized Users.” Authorized Users can use the Services and monitor and control the Products. Authorized Users may also have the ability to view information (including personal information) and content across all of an Owner’s Products, Services, and Works with Responsum connections. Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner also agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and Account. If you are an Owner who invites or enables an Authorized User, you acknowledge and agree that such Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Products and Services set out above. If you are an Owner, authorize only those individuals you trust to access your Account, Products, and Services.
3. Access to Services
(a) Access and Use. Subject to these Terms, Responsum grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by Responsum for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.
(b) Automatic Software Updates. Responsum may occasionally develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may have to install Updates to use the Services and the Product and you agree to promptly install any Updates Responsum provides. Your continued use of the Services and the Product is your agreement – (i) to these Terms regarding the Services, and (ii) to the End User License Agreement regarding updated Product Software.
(d) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations) (“Content”). The Content also includes information you and other users provide us while using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. Some content may be visible to others (the Service allows you to upload, post, or otherwise share system environmental data). You may also post feedback, comments, questions, or other information on the Site. You are solely responsible for all Content you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it; and you license to Responsum all patent, trademark, trade secret, copyright or other proprietary rights in such Content for publication on the Service under these Terms. You will abide by all copyright notices, trademark rules, information, and restrictions in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Responsum reserves the right to remove any Content from the Services for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason.
(e) Certain Restrictions. The rights granted to you in these Terms are subject to these restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services to build a similar or competitive service; (iv) except as stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface provided by Responsum; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed with the Services. Any future release, update, or other addition to functionality of the Services will be subject to these Terms.
(f) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any end user license for such Open Source Software. Nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software subject to the terms of the GPL.
(h) Security. Responsum cares about the integrity and security of your personal information. However, Responsum cannot guarantee that unauthorized third parties can never defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(i) Modification. Responsum reserves the right to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Responsum will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(j) Access Outside Certain Countries. Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site is not available to all persons or in all countries. If you access the Site from outside a country in which Responsum supports the Product and Services ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for a non-Target Country and some or all features of the Site may not work or be appropriate for such a country. To the extent permissible by law, Responsum accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site or Responsum Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.
4. Agreed Usage and Limitations of Responsum Services
(a) Intended Use of Responsum Services. The Services are accessed and used for non-time-critical information and control of Responsum Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable 100% of the time. The Services are subject to sporadic interruptions and failures for many reasons beyond Responsum’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Responsum is not responsible for any damages allegedly caused by the failure or delay of the Services.
(b) No Life-Safety or Critical Uses of the Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Responsum makes no warranty or representation that use of the Products or Services with any third-party product or service will affect or increase any level of safety. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. All life threatening and emergency events should be directed to the response services.
(c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee you will receive notifications in any time. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
(d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Responsum offers no specific uptime guarantee for the Services.
(e) System Requirements. The Services may not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Responsum. You will ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that Responsum may activate Bluetooth on your smartphone or tablet, with or without prior notification, to facilitate proper operation of the Services, enable communication with Responsum Products connected to the same Responsum Account, and enable certain features.
(f) Savings and other Benefits. Unless explicitly promising a “guarantee,” Responsum does not guarantee or promise any specific level of savings or other monetary benefit from the Products or Services or any feature. Actual savings and monetary benefits vary with factors beyond Responsum’s control or knowledge.
(g) The Services may provide you information (“Product Information”) regarding the Products and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee it is correct or up to date. Where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the normal operating environment.
(h) All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which (or from whose Account) such Content originated and Responsum will not be liable for any errors or omissions in any Content. Responsum cannot guarantee the identity of any other users with whom you may interact while using the Services. We cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take because of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services.
(i) You warrant, represent and agree that you will contribute no Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Responsum; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Responsum Account or anyone else’s Account (such as allowing someone else to log in to the Services as you); (vii) attempts, in any manner, to obtain the password, Account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
(j) Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products and Services. You agree that you (and not Responsum) are responsible for ensuring that you comply with any laws when you use the Products and Services.
5. Limitations Of Responsum Services Due to Third Parties.
(a) General. Responsum Services rely on or interoperate with Third Party Products and Services. These Third Party Products and Services are beyond Responsum’s control, but their operation may affect or be affected by the use and reliability of the Responsum Services. You acknowledge and agree that: (i) the use and availability of the Services depends on third party product vendors and service providers, (ii) these Third Party Products and Services may not operate in a reliable manner 100% of the time, and they may affect how the Responsum Services operate, and (iii) Responsum is not responsible for damages and losses due to the operation of these Third Party Products and Services.
(b) Third Party Service Providers Used By Responsum. You acknowledge that Responsum uses third party service providers to enable aspects of the Services – such as data storage, synchronization, communication through internet service providers, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.
(d) Third Party Products and Services that Work with Responsum Services. Responsum may provide the opportunity for you to interface to Third Party Products and Services. You acknowledge that Third Party Products and Services you connect to your account or interface with are not Responsum products and services and you acknowledge and agree that Responsum does not control, and these Terms do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the Third Party Products and Services. You acknowledge and agree that Responsum makes no representation or warranty about the operation, reliability, or safety of any Third Party Products or Services. Responsum is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage, interruption of service, downtime, data loss, or other harm or losses arising from or relating to your use of any Third Party Products or Services. Contact the Third Party with questions about their Products and Services.
(e) App Stores. You acknowledge and agree that the availability of the Mobile Apps depends on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge these Terms are between you and Responsum and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(f) Third Party Website Links and Referrals. The Site may contain links to other web sites operated by third parties (“Third Party Site”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Site and Referred Vendors are not under our control. Responsum provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding such Third Party Site or Referred Vendors. Your use of these Third Party Site is at your own risk.
(g) Authorized Users. Responsum is not responsible for any Authorized User’s behavior, or for any personal injury, death, property damage, or other harm or losses arising from or relating to their use of the Services.
(h) Release Regarding Third Parties. Responsum is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Responsum disclaims and you discharge, waive and release Responsum and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
6. Ownership and Intellectual Property
(a) Responsum Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Site, Web Apps, and Mobile Apps) are owned by Responsum or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Responsum and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Responsum. You must have a license from us before you can post or redistribute any portion of the Services. Other than regarding User Submissions, Responsum retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or reproduce or damage the structure or presentation of the Services or any content therein.
(b) Feedback. You may choose to, or Responsum may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Responsum under any fiduciary or other obligation. Responsum may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Responsum waives no rights to use similar or related ideas previously known to Responsum, developed by its employees, or obtained from other sources.
(c) User Submissions. You grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also do and will grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. You understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Responsum does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You agree to defend, indemnify and hold Responsum and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use and each Authorized User’s use of the Products or Services, (ii) your or your Authorized Users’ violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your or your Authorized Users’ violation of any law or the rights of any third party. Responsum reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify Responsum and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Responsum’s prior written consent. Responsum will use reasonable efforts to notify you of any such claim, action or proceeding upon learning of it.
8. Warranty Disclaimers
(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE EULA, RESPECTIVELY. (b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND RESPONSUM AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) RESPONSUM AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESPONSUM OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(d) RESPONSUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH RESPONSUM PRODUCTS OR SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND RESPONSUM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
(e) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY RESPONSUM YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
(f) RESPONSUM MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND RESPONSUM WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. RESPONSUM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
(g) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) RESPONSUM BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF RESPONSUM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) RESPONSUM’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO RESPONSUM OR RESPONSUM’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. RESPONSUM DISCLAIMS ALL LIABILITY OF ANY KIND OF RESPONSUM’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL RESPONSUM BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Fees and Payment
Certain Services may be provided for a fee. You will pay all fees for the Services selected by you under the applicable terms of sale provided separately.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Arbitration. Responsum and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including:
+ claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms or the Services, regardless of the legal theory;
+ claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
+ claims that arose before you accepted these Terms (such as claims related to disclosures or marketing the Services or the process for seeking approval to use the Services);
+ claims that may arise after the termination of your use of the Services or any agreement between us; and
+ claims brought by or against our respective subsidiaries, parent companies, members, affiliates, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Responsum.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court with jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Responsum may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
You agree that, by entering this agreement, we are each waiving the right to a trial by jury or to participate in a class or representative action. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
(b) Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Responsum should be sent to: Responsum, ATTN: Responsum Legal Department, 2600 Network Blvd., Suite 570, Frisco, Texas 75034. Responsum will send notice to you at the e-mail and/or mailing addresses associated with your Account. Your notice to Responsum must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we cannot agree to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
(c) Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) where you are receiving Responsum Services. If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Responsum and Responsum users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
(d) Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1-800-778-7879). Responsum will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Responsum commences. If you provided Responsum with 60 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, Responsum will pay your share of any such AAA fees. If the value of your claim exceeds $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Responsum to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Responsum for amounts that Responsum paid on your behalf.
(e) No class arbitration. The arbitrator may award declaratory or injunctive relief only for the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND RESPONSUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If applicable law precludes enforcement of any of this subsection’s limitations on a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section 11, you must notify Responsum in writing within 30 days of the date you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to Responsum at the following address: Responsum, ATTN: Responsum Legal Department, 2600 Network Blvd., Suite 570, Frisco, Texas 75034. Subject to section 11(g) below, if you do not notify Responsum under this section 11(f), you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after your first acceptance. Such notification must include: (a) your name, (b) your Responsum Account number, (c) your mailing address, and (d) a statement you do not wish to resolve disputes with Responsum through arbitration. This notification affects these Terms only; if you previously entered other arbitration agreements with Responsum or enter other such agreements in the future, your notification you are opting out of the arbitration provision in these Terms will not affect the other arbitration agreements between you and Responsum.
(g) Future changes to arbitration provision. If Responsum changes the Dispute Resolution and Arbitration section of these Terms (other than a change to the address at which Responsum will receive notices of dispute, opt-out notices, or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to Responsum, ATTN: Responsum Legal Department, 2600 Network Blvd., Suite 570, Frisco, Texas 75034. It is unnecessary to send us a rejection of a future change to the Dispute Resolution and Arbitration section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this section 11 within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this section 11, by rejecting a future change, you agree that you will arbitrate any dispute between us under the language of this arbitration provision, as modified by any changes you did not reject.
(h) ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Digital Millennium Copyright Act
(a) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you may act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Responsum's designated Copyright Agent to receive notifications of claimed infringement is Responsum, ATTN: Copyright Agent, 2600 Network Blvd., Suite 570, Frisco, Texas 75034, or e-mail at: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Responsum customer service through http://Responsum.com/support. You acknowledge that if you fail to comply with all requirements of this Section 12(b), your DMCA notice may not be valid.
(c) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or under the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: (i) Your physical or electronic signature; (ii) Identification of the Content removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) A statement you have a good faith belief that the Content was removed or disabled because of mistake or a misidentification of the Content; and (iv) Your name, address, telephone number, and e-mail address, a statement you consent to the jurisdiction of the federal court inBoulder, Texas, and a statement you will accept service of process from the person who provided notification of the alleged infringement.
(d) If a counter-notice is received by the Copyright Agent, Responsum may send a copy of the counter-notice to the original complaining party informing that person it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner seeks a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Responsum's sole discretion.
(a) Changes to these Terms. Responsum reserves the right to change these Terms. We'll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
(b) Governing Law. The courts in some countries will not apply Texas law to some types of disputes. If you reside in one of those countries, then where Texas law is excluded from applying, your country's laws will apply to such disputes related to these terms. Otherwise, you agree these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services will be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Dallas County, Texas to litigate all such claims or disputes, unless such claim or dispute must be arbitrated as set forth in an above section.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Responsum may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Responsum regarding the Services. Any failure by Responsum to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) Survivability. The obligations in Sections 3(d), 4, 6, 7, 8, 9, 11, and 13 will survive any expiration or termination of these Terms.
(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Responsum’s prior written consent. These Terms may be assigned by Responsum without restriction. These Terms are binding upon any permitted assignee.
(g) Notifications. Responsum may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on www.Responsum.com. Responsum is not responsible for any automatic filtering you or your network provider may apply to email notifications. Responsum recommends that you add @Responsum.com email addresses to your email address book to help ensure you receive email notifications from Responsum.
(h) Copyright/Trademark Information. Copyright © 2019, Responsum All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Responsum or of their respective holders. You may not use any of the Marks without the prior written consent of Responsum or such respective holders. Responsum reserves the right to alter product and services offerings, specifications, and pricing without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.