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To use ForFile you must read and agree to these Terms of Use,
including any future amendments (collectively, the "Agreement"):
This website is owned and operated by Longwood Software Inc. ("Longwood
Software"). By using this website, you are agreeing to accept and comply
with the terms and conditions of use as stated below. Although we may
attempt to notify you via your email address when major changes are made, you
should visit this page periodically to review the terms. Longwood
Software may, in its sole discretion, modify or revise these terms and
conditions and policies at any time, and you agree to be bound by such
modifications or revisions. If you do not accept and abide by this
Agreement, you may not use the ForFile service. Nothing in this Agreement
shall be deemed to confer any third party rights or benefits.
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Description of Service. ForFile is a web-based
file transfer application from Longwood Software (the "Service"). You
understand and agree that the Service is provided on an AS IS and AS AVAILABLE
basis. Longwood Software reserves the right to modify, suspend or
discontinue the Service with or without notice at any time.
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Personal Use. The Service is made available to
you for your personal use only. You must provide current, accurate
identification, contact, and other information that may be required as part of
the registration process and/or continued use of the Service. You are
responsible for maintaining the confidentiality of your Service password and
account, and are responsible for all activities that occur thereunder.
Longwood Software reserves the right to refuse service to anyone at any time
without notice for any reason.
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Proper Use. You agree that you are responsible
for your own communications and for any consequences thereof. Your use of
the Service is subject to your acceptance of and compliance with the
Agreement. You agree that you will use the Service in compliance with all
applicable local, state, national, and international laws, rules and
regulations, including any laws regarding the transmission of technical data
exported from your country of residence. You shall not, shall not agree
to, and shall not authorize or encourage any third party to: (i) use the
Service to upload, transmit or otherwise distribute any content that is
unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains
viruses, or is otherwise objectionable as reasonably determined by Longwood
Software; (ii) upload, transmit or otherwise distribute content that infringes
upon another party's intellectual property rights or other proprietary,
contractual or fiduciary rights or obligations; (iii) prevent others from using
the Service; (iv) use the Service for any fraudulent or inappropriate
purpose. Violation of any of the foregoing may result in immediate
termination of this Agreement, and may subject you to state and federal
penalties and other legal consequences. Longwood Software reserves the
right, but shall have no obligation, to investigate your use of the Service in
order to determine whether a violation of the Agreement has occurred or to
comply with any applicable law, regulation, legal process or governmental
request.
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Content of the Service. Longwood Software takes
no responsibility for third party content (including, without limitation, any
viruses or other disabling features), nor does Longwood Software have any
obligation to monitor such third party content. Longwood Software also
reserves the right to access, read, preserve, and disclose any information as
it reasonably believes is necessary to (a) satisfy any applicable law,
regulation, legal process or governmental request, (b) enforce this Agreement,
including investigation of potential violations hereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues (including, without
limitation, the filtering of spam), (d) respond to user support requests, or
(e) protect the rights, property or safety of Longwood Software, its users and
the public. Longwood Software will not be responsible or liable for the
exercise or non-exercise of its rights under this Agreement.
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Intellectual Property Rights. Longwood
Software's Intellectual Property Rights. You acknowledge that
Longwood Software owns all right, title and interest in and to the Service,
including without limitation all intellectual property rights (the "Longwood
Software Rights"), and such Longwood Software Rights are protected
by U.S. and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter, modify, or
create derivative works from the Service. You also agree that you will
not use any robot, spider, other automated device, or manual process to monitor
or copy any content from the Service. The Longwood Software Rights
include rights to (i) the Service developed and provided by Longwood Software;
and (ii) all software associated with the Service. The Longwood Software
Rights do not include third-party content used as part of Service, including
the content of communications appearing on the Service.
Your Intellectual Property Rights. Longwood
Software does not claim any ownership in any of the content, including any
text, data, information, images, photographs, music, sound, video, or other
material, that you upload, transmit or store in your ForFile account. We
will not use any of your content for any purpose except to provide you with the
Service.
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Representations and Warranties. You represent
and warrant that (a) all of the information provided by you to Longwood
Software to participate in the Services is correct and current; and (b) you
have all necessary right, power and authority to enter into this Agreement and
to perform the acts required of you hereunder.
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Privacy. As a condition to using the Service,
you agree to the terms of the Longwood Software
Privacy Policy as it may be updated from time to time. Longwood
Software understands that privacy is important to you. You do, however,
agree that Longwood Software may monitor, edit or disclose your personal
information, including the content of your emails, if required to do so in
order to comply with any valid legal process or governmental request (such as a
search warrant, subpoena, statute, or court order), or as otherwise provided in
this Agreement and the Longwood Software Privacy Policy. Personal
information collected by Longwood Software may be stored and processed in the
United States or any other country in which Longwood Software or its agents
maintain facilities. By using ForFile, you consent to any such transfer
of information outside of your country.
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Account Inactivity. After a period of
inactivity, Longwood Software reserves the right to disable or terminate a
user's account.
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Links to Other Sites. The linked sites are not
under the control of Longwood Software and Longwood Software is not responsible
for the content of any linked site or any link contained in a linked
site. Longwood Software reserves the right to terminate any link at any
time. Longwood Software may provide links from this website to other
sites as a convenience to you and in no way should this be interpreted as an
endorsement of any company, content or products to which it links. If you
decide to access any of the third party sites linked to this website, you do
this entirely at your own risk. Longwood Software disclaims any and all
warranties, express or implied, to any such linked sites, including but not
limited to any terms as to the accuracy, ownership, validity, or legality of
any content of a linked site.
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Disclaimer. The materials provided at this
website are provided “as is” and any warranty (express or implied), condition
or other term of any kind, including without limitation, any warranty of
merchantability, fitness for a particular purpose, non-infringement or title is
hereby excluded. Longwood Software assumes no responsibility for
accuracy, correctness, timeliness, or content of the Service provided on this
website. Longwood Software is not responsible for supplying content or
materials from the website that have expired or have been removed.
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Trademarks. The trademarks, service marks and
logos of Longwood Software and others used in this website ("Trademarks") are
the property of Longwood Software and their respective owners. You have
no right to use any such Trademarks, and nothing contained in this website or
this Agreement grants any right to use (by implication, waiver, estoppel or
otherwise) any Trademarks without the prior written permission of Longwood
Software or the respective owner.
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Termination; Cancellation. You may cancel your
use of the Services and/or terminate this Agreement with or without cause at
any time by providing notice to Longwood Software; provided, however, that a terminated account may
continue to exist for a reasonable period of time before such cancellation
takes effect. Longwood Software may at any time and for any reason
terminate the Services, terminate this Agreement, or suspend or terminate your
account. In the event of termination, your account will be disabled and
you may not be granted access to your account or any files or other content
contained in your account although residual copies of information may remain in
our system. Except as set forth above or unless Longwood Software has
previously canceled or terminated your use of the Services (in which case
subsequent notice by Longwood Software shall not be required), if you have
provided an alternate email address, Longwood Software will notify you via
email of any such termination or cancellation, which shall be effective
immediately upon Longwood Software’s delivery of such notice. Sections 3,
4, 5, 7, and 11 - 13 of the Agreement, along with applicable provisions of the
general Terms of Service (including the section regarding limitation of
liability), shall survive expiration or termination.
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Indemnification. You agree to hold harmless and
indemnify Longwood Software, and its subsidiaries, affiliates, officers,
agents, and employees from and against any third party claim arising from or in
any way related to your content, your violation of this Agreement, or your use
of the Service, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation costs
and attorneys' fees, of every kind and nature. In such a case, Longwood
Software will provide you with written notice of such claim, suit or action.
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Limitation of Liability. In no event shall
Longwood Software or its licensors or suppliers be liable for any direct,
indirect, special, incidental or consequential damages including, without
limitation, loss of profits or revenues, costs of replacement goods, loss or
damage to data arising out of the use or inability to use this website or any
linked site, damages resulting from the use of or reliance on the information
or materials presented on this website, whether based on warranty, contract,
tort or any other legal theory even if Longwood Software or its licensors or
suppliers have been advised of the possibility of such damages. In no
event shall the total collective liability of Longwood Software, its employees,
directors, officers, agents or third party licensors or suppliers for any
claim, regardless of value or nature, exceed $1,000 or the total amount paid by
you to Longwood Software, whichever is less.
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Export Restrictions. The United States export
control laws and regulations, including the Export Administration Regulations
of the U.S. Department of Commerce, and other applicable laws and regulations
which apply to this website prohibit the export or re-export of content,
products, services, and technology to certain countries and persons. You
agree to comply with all export laws, regulations and restrictions of the
United States and any foreign agency or authority and assume sole
responsibility for any such unauthorized exportation.
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Choice of Law; Jurisdiction. This Agreement will
be governed by and construed in accordance with the laws of the State of
Massachusetts, without giving effect to its conflict of laws provisions or your
actual state or country of residence. Any claims, legal proceeding,
litigation or other matter arising out of, or relating to or in any way
connected, with your access or use of the Service will be brought solely in
Middlesex County, Massachusetts, if in state court or in Boston, Massachusetts
if in Federal Court, and you consent to the jurisdiction of such courts.
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General. If you have any questions regarding
this Agreement, please contact Longwood Software.
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