Terms of Service
The following terms and conditions govern all use of FormLis and all content, services and products available at or through the website. The Website is owned and operated by FormLis. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by FormLis.
The FormLis service is an online database system that will enable the subscriber to manage data in a private FormLis subdomain. As part of the FormLis service, FormLis will provide the subdomain, host the subscribers data and the subscriber (and their employees) will be able to use the FormLis tools to create, edit and use their databases.
(a) Generally, the FormLis service includes database creation and reporting features. FormLis will use best efforts to accomodate the service demands of the subscriber and employees. (b) Any custom databases or custom reports agreed to by both parties will be developed by FormLis at the rate set forth in that contract. (c) Features added to the FormLis service in the future may be included without charge in the FormLis service, or in FormLis sole discretion, by subject to additional fees. (d) FormLis will exercise all commercially reasonable efforts at all times to correct errors in the software used to operate the FormLis Service. (e) FormLis shall participate when reasonably requested in technical meetings with the subscriber.
Subscriber and their employees will have the rights to access and use the FormLis service. FormLis shall at all times sole and exclusive ownership of all right, title and interest in and to the FormLis service as a whole and any enchancements thereto. The parties acknowledge that FormLis owns the domain name FormLis.com and all subdomains of FormLis.com (including the FormLis.com subdomain the subscriber is using) and that this ownership shall survive the termination of this agreement.
All data FormLis collects and stores for the subscriber which specifically pertain to the subscriber or it's customers shall be owned and is the property of the subscriber
Subscriber agrees to the scheduled payment plan set forth in their contract.
Subscribers can opt to upgrade or downgrade their service agreement to any other contract agreement that FormLis is currently offering for sale at any time during User's contract term. In the event of a contract downgrade, a discount credit will be issued to Subscribers's FormLis account for the difference in the cost of the two contracts over the remainder of the subscriber's original contract term. This credit can be applied to future months of service with FormLis, and is in not transferable to a cash refund.
Unless you notify FormLis before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Payment is due within 30 day from the date of invoice.
Cancellations must be issued via the subscribers's website manager interface or via FormLis' support addresses.
Responsibilities Of FormLis Subscriber
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
You represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
You agree to indemnify and hold harmless and defend FormLis from any claims resulting from the Content you make available on your account.
Your account is not named in a manner that will mislead others into thinking that you are another person or company. For example, your accounts name is not the name of a person other than yourself or company other than your own.
Subscribers may not use the service as a remote storage server only.
FormLis services provided to or used by the subscriber may only be for lawful purposes.
Subscribers must exercise caution when hosting large downloads (>3MB). FormLis reserves the right to refuse to host any large downloadable files.
Subscribers are not permitted to allow websites not affiliated with the subscriber to have links to content files stored on FormLis' servers.
The services may not be used by any automated device or automated computational machine. The Service may only be used or accessed through an electronic device under the manual control of User at all times. This service can made available but FormLis requires this intent to be made know prior to its implementation and reserves the right to modify the required pricing plan the user is on.
The final choice of whether a subscription is in violation of any of these policies is at the sole discretion of FormLis.
A FormLis account may not be rented or leased or provide the services (including any software or documentation used by or with the service) to third parties.
Third parties are permitted to share or contribute in a subscribers site, and the subscriber may charge a fee for this access. But the subscriber must ensure that third party contributions are shared business, and not a resale or gift of FormLis services to a third party.
The final choice of whether a subscription is in violation of this policy is at the sole discretion of FormLis.
Responsibilities of FormLis Users
FormLis has not reviewed, and will not review, the material, posted to the Website, and cannot be responsible for that material's content, use or effects.
By operating the Website, FormLis does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FormLis disclaims any responsibility for any harm resulting from the use by users of the Website, or from any downloading by those users of content there posted.
Disclaimer of Warranties
The Website is provided on an 'as is' basis. FormLis hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. FormLis makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
FormLis will not be responsible for any damages that may be suffered by the subscriber, or viewers and users of subscribers's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the subscriber. Use of any information obtained by way of FormLis is at the User's own risk, and FormLis specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Disclaimer of Liabilities
In no event will FormLis be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to FormLis under this agreement during the twelve (12) month period prior to the cause of action.
Damages claims for unavailability of the Service against FormLis are expressly limited to the pro-rata portion of any monthly charge pre-paid by the subscriber directly to FormLis for the period of the system unavailability.
"System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the FormLis Service Blog.
FormLis shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
FormLis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
FormLis may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
This Agreement constitutes the entire understanding of the parties, and they may only be modified by a written amendment signed by an authorized executive of FormLis, or by the posting by FormLis of a revised version. The agreement is agreed to being entered into in the Province of Alberta and no party shall object to removal or prosecution of any litigation to a federal or provincial court in Calgary, Alberta.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FormLis may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.