You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Platform, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. ANSRSOURCE’S ALLOWANCE OF YOUR USE AND ACCESS TO THE PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.
Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the Platform is subject to our privacy policy found at https://ansraccess.com/privacy (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Platform in accordance with our Privacy Policy solely in furtherance of providing services to you and improving the Platform.
ansrsource’s Data Processing Agreement can be found in the privacy policy.
To access the Platform, you may be asked to provide certain information to help us create and maintain an account for you. As such, it is a condition of your use of the Platform that all information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Except as expressly provided herein, you may not transfer your account to any other person, and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Platform via your account, (ii) controlling the person’s access to and use of the Platform, and (iii) the consequences of any use or misuse by such person(s).
Subscription Plan and Subscription Management
TEAM TRIAL / PILOT SUBSCRIPTION PLANS
Your Plan may begin with a free team trial (for businesses that checkout online) (“Team Trial”) or a free or paid pilot (for businesses that purchase through a sales-guided process) (“Pilot”). The length of your Team Trial or Pilot will be set out at sign-up. We reserve the right, in our absolute discretion, to determine your eligibility for a Team Trial or Pilot, including creating multiple free trial accounts, and to withdraw or to modify your Team Trial or Pilot at any time without prior notice and with no liability. As a Team Trial or Pilot user, you acknowledge and agree that use and access to the Platform is subject to these Terms.
Your Plan may start with a trial, limited, or complete access to our Platform (“Company Partnership Plan”) facilitated through a company or community partnership between a third-party entity and ansrsource (each, a “Company Partner”). The scope and features of the Platform available to you, the length of your Company Partnership Plan, and the fee (if applicable, and whether paid by you or the Company Partner) will be set out during checkout—most often through a specific URL dedicated to the Company Partnership Plan or set forth in your Sales Order. Together with our Company Partner, we reserve the right, in our absolute discretion, to determine your eligibility for a Company Partnership Plan, and to withdraw or to modify your Company Partnership Plan at any time without prior notice and with no liability. As a Company Partnership Plan user, you acknowledge and agree that your use of and access to the Platform is subject to (i) these Terms, and (ii) any other terms and conditions mandated by the applicable Company Partner as set forth as set forth in your agreement with the Company Partner.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform. You acknowledge and agree that any and all feedback provided by way of the Platform or otherwise will be the sole and exclusive property of ansrsource, and you hereby irrevocably assign to ansrsource and agree to irrevocably assign to ansrsource all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist ansrsource to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
Your Representations and Warranties: You represent and warrant that:
Authority: You and ansrsource each represent, warrant, and covenant that it has the full power and authority to: (i) enter into an agreement subject to these Terms; (ii) perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement; (iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.
Reliance and Functionality: ansrsource does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free. The content and materials presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ansrsource, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ansrsource. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and use of any services provided by third parties is subject to their policies and at your own risk.
Availability of Platform: You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Platform, or any other delays outside of our control.
Non-ansrsource Products: If you install or enable Non-ansrsource Products for use with Platform, Customer acknowledges that providers of those Non-ansrsource Products may have access to your data in connection with the interoperation of the Platform. ansrsource will not be responsible for any use, disclosure, modification, or deletion of your data while accessed or transmitted through such Non-ansrsource Products.
ansrsource’s Rights of Termination: You agree that we may suspend or deactivate your account or terminate your Plan if we believe that you have (a) breached these Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized User Content; or (d) violated or acted inconsistently with these Terms, our Privacy Policy, or any other applicable policies. You agree that any such suspension, deactivation, or termination for the foregoing reasons may be effected without prior notice to you and that ansrsource will not be liable to you or any third party for any deactivation of your account or termination of your Plan.
You acknowledge and agree that ansrsource may retain and store your information on ansrsource’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan, subject to applicable laws.
Indemnification: You agree to defend, indemnify and hold harmless ansrsource, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to : (i) your violation of these Terms; (ii) any information you post to the Platform; (iii) any use by you of the Platform’s material, content, services, or products other than as expressly authorized in these Terms; or (iv) your use of any information obtained from the Platform.
Indemnification Procedure: You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
When we post changes to this policy, we will provide a version and effective date for the most recent terms. If there are material changes to the policy, such as a change to the purposes of processing of personal data that is not consistent with the purpose for which it was originally collected, we will notify you either by prominently posting a notice of such changes on our Site before they take effect, or by directly sending a notification via email to all registered users of the Platform. We encourage you to periodically review this Privacy Notice to learn how ansrAccess is protecting your information. If you do not agree to abide by this or any future version of the Privacy Notice, you do not have permission to use or access (or continue to use or access) our Site.
No Warranty: EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER ansrsource NOR ANY PERSON OR ENTITY ASSOCIATED WITH ANSRSOURCE MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ANSRSOURCE NOR ANY PERSON OR ENTITY ASSOCIATED WITH ANSRSOURCE PROMISES, REPRESENTS OR WARRANTS THAT THE PLATFORM OR CONTENT OBTAINED THROUGH THE PLATFORM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ANSRSOURCE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability: IN NO EVENT WILL ANSRSOURCE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE PLATFORM OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO ANSRSOURCE FOR USE OF THE PLATFORM IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH LIABILITY ARISING; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF ANSRSOURCE OR VIA THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Changes to these Terms: We reserve the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. Any such change or modification will be effective immediately upon posting to the Platform; however, any changes to Section 16(c) (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Platform periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, your continued use of the Platform and any other ansrsource-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.
Changes to the Platform: ansrsource may at any time, without notice or liability, change or eliminate any content or feature of the Platform or any portion thereof, or restrict the use of any portion of the Platform. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any reason.
Our Platform and services are made available to you in accordance with these Terms and may also be subject to one or more of the additional terms set forth below (“Additional Terms”). If there is any conflict between these Terms of Use and the Additional Terms, then the Additional Terms govern in relation to that specific Plan or service you purchased from ansrsource. The Additional Terms are subject to change.
Non-Waiver: Failure by ansrsource to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.
Severability: If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms.
Governing Law and Jurisdiction: These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms, or the negotiation, execution, or performance under these Terms (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with these Terms or as an inducement to agree to these Terms), are governed by and will be construed and enforced in accordance with the laws of the State of Utah, including its statute of limitations, without reference to (i) any conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws. Any action or other judicial proceeding for the enforcement of these Terms or any of its provisions shall be instituted only in the courts of the State of Utah.
Compliance with Legal Requests: Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Compliance with Applicable Laws: ansrsource agrees to comply with all applicable laws and regulations, including the General Data Protection Regulation 2016/679 and the California Consumer Privacy Act, with respect to the use and disclosure of your personal information.
Use of Your Public Statements: As a Plan subscription holder, you agree that we may identify you as a customer of ansrsource on ansrsource’s websites and in other marketing materials in the event that you make public reference to ansrsource, such as in a social media post or on a publicly available blog, article, or other forum. ansrsource may display your public statement in ansrsource marketing materials, presentations, or on our Platform. The foregoing shall be deemed a worldwide non-exclusive, and irrevocable license to use your public statement for this purpose. You also agree to be referenced in press releases and case studies prepared by ansrsource. Such license and consent will terminate at the end of your Term.
Dispute Resolution: Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms.
Notice: Any notice which may be required to be given under these Terms, will be given:
ansrsource Content US, LLC
5440 Harvest Hill Road,
Suite 249
Dallas, Texas 75230
Attn: Legal Counsel
No Agency: Nothing in these Terms will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither ansrsource nor any other party to these Terms has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound.
Equitable Relief: You acknowledge that a breach of these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.