DeciZone Inc.

Terms of Service

Effective: 5th Feb, 2020


Thanks for using DeciZone.

Please read these Terms carefully. By using DeciZone or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and DeciZone. These Terms of Service (the 'Terms') govern for you, the user, the viewer, the author and the owner (collectively, the 'Author') the access to and use of the websites, softwares, applications, and related services (collectively, the 'Service') offered by DeciZone Inc. and its affiliates ('DeciZone,' 'we,' 'platform,' 'our' or 'us').


Your Use of the Service is Subject to These Terms

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you should IMMEDIATELY discontinue your use of the Service. Further, if you have any contractors, agents, or affiliates that use the Service, such third parties must also agree to these Terms.

You may use the Service only if you can form a binding contract, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

By using the Service, you represent that you are over the age of 18 years old. If you are over 18 years, but under the legal age of majority, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the age of 18 and majority, and expressly ratify and confirm any acts of any such child and all users of the account.


Changes to the Service are Subject to These Terms

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. Your continued use of the Service, or any part thereof, following the posting of changes constitutes your acceptance of such changes. Please note that the Service may include information and software provided from our third party licensors. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the Service are also subject to these Terms.


We May Change these Terms

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, we will notify you via posting to our website or via e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.


You Own Your Content

Unless you have a Business Account, which may be any paid DeciZone account, you retain ownership of all Content you submit, post, display, contribute, or otherwise make available on the Service. If you access the Service on behalf of a business, organization, or other entity (a 'Business Account'), the ownership of your Content rests with that business, organization, or other entity. For more information on Business Accounts, see the 'Business Accounts' section of these Terms.

All flowcharts created either with Business Account as its owner or under a goal hierarchically belonging to a Business Account's Organization in the Category Tree will belong to the Business Entity that owns that Business Account Organization. When you create a flowchart either with Business Account as its owner or under a goal hierarchically belonging to a Business Account's Organization in the Category Tree, you may be the author of that flowchart, but the flowchart is owned by that Organization. When you are no longer a member of that Organization, we may assign the authorship of that flowchart to another active member of this Organization and you will not have access to or author privileges for this flowchart.

For purposes of these terms, 'Content' means any information, text, audio, video, graphics, questions, answers, goals, flowcharts, strategy, process, method, or other materials uploaded, downloaded or appearing on the Service.

Please note that user Content (including any that may have been created by users employed or contracted by DeciZone) does not necessarily reflect the opinion of DeciZone, and we are not responsible for such Content.


You Give DeciZone and its Users License to Your Content

By submitting, posting or displaying Content on or through the Service, you grant us, our subsidiaries, affiliates, successors, and assign a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, royalty-free, and fully-paid license to your Content. This license grants us the right to use, copy, reproduce, process, translate, publicly perform, publicly display, adapt, modify, publish, transmit, count, display, analyze, make derivative use, distribute and track usage activity of such Content (in whole or in part) for any purpose in any and all media or distribution methods (now known or later developed). Further, you irrevocably waive, and cause to be waived, against DeciZone and its users any claims and assertion of moral rights or attribution with respect to your Content.

You agree that this license includes the right for other users of the Service to use, copy, distribute, and modify your Content, and for us to make your Content available to other users for the publication, distribution, syndication, modification or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by DeciZone or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

By uploading Content to the site, you warrant, represent, and agree that you have the right to grant DeciZone and its users license to your Content. You agree to defend and indemnify DeciZone for any losses (including reasonable attorney's fees) incurred as a result of any claims made by any third parties with respect to your Content.

Unless you explicitly mark your Content as private via the functionality provided in the Service, your Content will be publicly accessible and viewable by other users of the Service and through third party services, websites, search engines, and any other medium. You should only provide Content that you are comfortable sharing with others under these Terms. Please note that, unless you own and operate a Business Account, as defined in these Terms, by default your flowcharts may be public and viewable by others. You can set your flowchart as private by modifying the settings of your flowchart.

Any feedback, answers, inputs, comments, or suggestions you may provide regarding the Service is entirely voluntary. By providing any such feedback, answers, inputs, comments, or suggestions, you agree that (i) such feedback, answers, inputs, comments, or suggestions does not contain confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to such feedback, answers, inputs, comments, or suggestions; and (iii) you grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, royalty-free, and fully-paid license to use, reproduce, publish, copy, modify, or broadcast such feedback, answers, inputs, comments, or suggestions for any purpose and in any medium, including on the Service, without any obligation (monetary or otherwise) to you. Further, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights contained in such feedback, answers, inputs, comments, or suggestions.

By creating an account with DeciZone and using the Service, you irrevocably give us permission to include your name and, if applicable, trademark, logo, and similar marks in a publicly available customer list, including on our website. If you access the Service via a Business Account, as defined in these Terms, including if you upgrade your account to a Business Account after initially operating a non-Business Account, you give us permission to include in a publicly available customer list, the name, trademark, logo, or other mark of the business, organization, or other entity ('Business Entity') on behalf of which you access the Service. Further, you represent and warrant that you have authority from the Business Entity to grant this permission.


We Have the Right to Modify Your Content

We may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media. We may also make changes to your Content, as are necessary, to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media. For example, we may integrate certain aspects of your flowchart(s) into various features of the Service that we choose to incorporate into the Service from time to time. Such features may modify the substance and presentation of your Content. Additionally, we may convert your Content into audio or video form, or we may translate, transcribe, or transliterate such Content, for the convenience of our users.


Restrictions on Your Content

You also warrant, represent, and agree that you have not and will not contribute any Content that:

  1. infringes, violates, or otherwise interferes with any copyright or trademark of another party;
  2. reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it;
  3. infringes any intellectual property right (or the privacy or publicity rights) of another;
  4. is obscene, pornographic, libelous, defamatory, abusive, threatening, harassing, hateful, offensive (including racially or ethnically offensive), or illegal, or otherwise inappropriate;
  5. encourages conduct that would be considered a criminal offense or that give rise to civil liability;
  6. creates an impression that you know is incorrect, misleading, or deceptive (including by impersonating others or otherwise misrepresenting your affiliation with a person or entity);
  7. contains other people's private or personally identifiable information without their express authorization and permission;
  8. contains or links to a virus, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information;
  9. contains advertisements, solicitations of business, or spam;
  10. refers to the Author of the Content as an expert on a particular subject matter;
  11. impersonates another person, forges headers, or uses any other method to disguise the true origin of the Content; or
  12. otherwise violates the Terms, or any Feature Guide, User Guide, or similar guide publicly available on DeciZone's website.

You agree that if your Content violates these restrictions, we may, in our sole discretion and without advance notice to you, remove such Content from the Service, suspend or terminate your account, or pursue any other remedy or relief available under equity or law. Such removal may include blocking your Internet Protocol address, and/or the Internet Protocol address of others in your organization, if we deem such action is necessary in our sole discretion.

While we encourage you to let us know if you believe that another user has violated these restrictions, we reserve the right to investigate and take appropriate action at our sole discretion. Further, you agree that we are under no obligation to enforce these restrictions on your behalf against another user.


Your License to Use the Service

Subject to these Terms, DeciZone gives you a worldwide, royalty-free, non-assignable, personal, non-transferable, revocable and non-exclusive license to the Service. This license grants you the right to use the Service (as it is provided to you by DeciZone) and to re-post any of the Content on the Service anywhere else on the web, provided that the Content has not been explicitly marked as private or as not for reproduction, and provided that you:

  1. do not modify the Content;
  2. on every page that contains the Content, attribute DeciZone by name in readable text and with a human and machine-followable link (an HTML 'a' anchor tag) linking back to the page displaying the original source of the Content on the Service;
  3. upon request, either by DeciZone or a user who contributed to the Content, remove the user's name from Content which the user has subsequently made anonymous;
  4. upon request, either by DeciZone or by a user who contributed to the Content, update the Content to the latest version available on the Service;
  5. upon request, either by DeciZone or by a user who contributed to the Content, delete the Content; and
  6. delete Content once the Content is deleted or marked as not for reproduction on the Service.

Restrictions on Your Use of the Service

Unless otherwise expressly permitted in these Terms, you may not:

  1. decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, except as otherwise permitted by applicable law;
  2. remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels on the Service;
  3. retrieve and store in electronic or any other form any material part of the databases underlying the Service;
  4. resell the Service for any commercial purpose including, but not limited to, sending unsolicited commercial messages;
  5. use the Service for any unlawful purposes or for promotion of illegal activities;
  6. upload or post any Content (as defined above) in violation of the provisions contained in the 'Restrictions on Your Content' section of these Terms;
  7. use the Service for the purpose of spamming anyone;
  8. access or tamper with non-public areas of the Service, DeciZone's computer systems, or the technical delivery systems of DeciZone's providers;
  9. probe, scan, or test the vulnerability of any system or network or attempt to breach or circumvent any security or authentication measures;
  10. access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by DeciZone (and only pursuant to those Terms), unless you have been specifically allowed to do so in a separate agreement with DeciZone (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of DeciZone except as permitted by these Terms is expressly prohibited);
  11. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information; or
  12. interfere with or disrupt or attempt to interfere with or disrupt the access of any user, host, or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

You may only use the attribution required in the 'Your License to Use the Service' section of these Terms in the manner set out in that section. Further, in exercising your rights under that section, you may not implicitly or explicitly assert or imply any connection with, sponsorship, or endorsement by DeciZone, or any DeciZone user, without the separate, express prior written permission of DeciZone or the DeciZone user.

If you operate a search engine or robot, or you republish a significant fraction of all DeciZone Content (as we may determine in our reasonable discretion), you must additionally:

  1. use a descriptive user agent header;
  2. follow robots.txt at all times; and
  3. make it clear how to contact you, either in your user agent string, or on your website if you have one.

You agree that if your use of the Service violates these restrictions, we may, in our sole discretion, remove such Content from the Service, suspend or terminate your account, or pursue any other remedy or relief available under equity or law.

We may restrict the number of messages, comments, and notifications that we will forward to you based on a predetermined limit for an account type or in case of excessive use, as determined in our sole discretion. Any message, comment, or notification in excess of that limit may be deleted, ignored, partially transmitted, or held until you upgrade your membership level. You may choose to give us permission to transmit any message, comment, or notification in excess of your limit by automatically charging your account for the additional transmissions.


Your Content and Your Use of the Service is Your Sole Responsibility

You agree that you are solely responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Further, you agree that you are solely responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, we will not be liable for failure to store, or for loss or corruption of, your Content.

You also agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not pre-screen, monitor, or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications, including ratings and reviews, posted via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate.

Under no circumstances will DeciZone 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 as a result of the use of any Content made available via the Service or broadcast elsewhere.


Fillable Flowcharts

Some flowcharts may give the viewer the ability to fill out their contact or other personal information to receive follow-up communication from either the Author of the flowchart or by the owner of the flowchart. If you are the viewer of a flowchart and you fill out your contact information in the flowchart, you expressly give us permission to share your contact information and other information about your use of the Service and, if applicable, such information about the Business Entity on behalf of which you access the Service with either the Author of the flowchart or the owner of the flowchart. Further, you release us from any liability from the mishandling or loss of your information by either the Author of the flowchart or by the owner of the flowchart.

If you are the Author of a flowchart and you collect personal information from the viewer of the flowchart, you agree not to sell or otherwise share that information with third parties unless such third parties agree to our Terms and Privacy Policy. Further, you agree to defend and indemnify DeciZone for any losses (including reasonable attorney's fees) incurred as a result of your mishandling or loss of, or unauthorized access to, the viewer's personal information.


Business Accounts

If you access the Service on behalf of a Business Entity, your account shall be a 'Business Account'. By operating a Business Account, you represent and warrant that you have permission to access the service on behalf of the Business Entity.

Every Business Entity must have a designated administrator (such individual may be called an Administrator, a SuperAdmin, or any other similar term, but are referred to herein as 'Administrator'). Such Administrator shall be ultimately responsible for the account and, if applicable, for making all payments on behalf of the Business Entity. Each Business Account may also have an alternate Administrator in case the primary Administrator is not available.

When a Business Account is closed or deleted, we may, in our sole discretion, either delete all the Content associated with the Business Account from our servers, or transfer that Content to the Administrator's personal account. Please note that you are solely responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, we will not be liable for failure to store, or for loss or corruption of, your Content.

An Administrator may also have the ability to create user accounts for other individuals within the Business Entity. When creating a Business Account for other individuals within the Business Entity, the Administrator should use an email account under the control of the Business Entity to the extent possible. This way, if an individual with a Business Account leaves the Business Entity, the Administrator can delete that individual's account or transfer the account to another individual within the Business Entity. An Administrator is solely responsible for monitoring the Service Content and activity of others from the Business Entity, and shall take any corrective action if a violation of these Terms is observed.

As stated in the 'You Own Your Content' section of these Terms, all right, title, and interest in Content created by a Business Account holder remains in the Business Entity on behalf of which the Business Account holder accesses the Service.

Further, if you operate a paid Business Account, see the 'Fees and Payment' section of these Terms.


Our Rights

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames for any reason.

Further, we reserve the right at any time, and from time to time, to modify, suspend, or discontinue (either temporarily or permanently), the Service or any part thereof with or without notice. You agree that DeciZone shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Further, we reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. satisfy any applicable law, regulation, legal process, or governmental request;
  2. enforce these Terms (including investigation of potential violations hereof);
  3. detect, prevent, or otherwise address fraud, security, or technical issues;
  4. respond to user support requests; or
  5. protect the rights, property or safety of DeciZone, its users, and the public.

Our Proprietary Rights in the Service

All right, title, and interest in and to the Service including, without limitation, visual interfaces, interactive features, graphics, animations, audio, video, design, compilation of all user Content and other Content, computer code, products, software, flowchart ratings, Author ratings, aggregate ratings, statistics and analysis about the Service, and all other elements and components of the Service, except Content provided by users, are and will remain the exclusive property of DeciZone and its licensors.

Further, the Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the DeciZone name or any of the DeciZone trademarks, logos, domain names, and other distinctive brand features. All rights in the Service not expressly granted to you by DeciZone under the Terms are retained by DeciZone.


You Are Responsible for Unauthorized Access to Your Account

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use 'strong' passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to promptly notify us of any unauthorized access to your DeciZone account when you learn of such unauthorized access.

DeciZone will not be liable for any loss or damage arising from your failure to protect your password. Further, you agree to defend and indemnify DeciZone for any losses (including reasonable attorney's fees) incurred as a result of unauthorized access to your account.


Fees and Payment

Fees for Services. You agree to pay to DeciZone any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Subscriptions. Certain accounts may be billed on a subscription basis. This means that you or the Business Entity on behalf of which you access the Service will be billed in advance on a recurring, periodic basis (each period is called a 'billing cycle'). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a subscription. Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. If you cancel auto-renewal on your subscription, your subscription will continue until the end of that billing cycle before terminating.

Taxes. Unless otherwise stated, you are responsible for any taxes (other than DeciZone's income tax) or duties associated with the sale of the Service, including any related penalties or interest (collectively, 'Taxes'). You will pay DeciZone for the Services without any reduction for Taxes. If DeciZone is obliged to collect or pay Taxes, the Taxes will be your responsibility, unless you provide DeciZone with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. DeciZone will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union. If you are required by law to withhold any Taxes from your payments to DeciZone, you must provide DeciZone with an official tax receipt or other appropriate documentation to support such payments.

Price Changes. We may change the fees charged for the Service at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your subscription. We will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your subscription before the change becomes effective.

Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your Content or other data associated with the Service.

Business Accounts. If you operate a Business Account, as defined in these Terms, you represent and warrant that you have permission to bind the Business Entity. Further, you must provide us with an alternate contact person at the Business Entity. We may contact that person to arrange a transfer of account ownership and/or payment in the event that you are no longer affiliated with the Business Entity or in the event that we cannot reach you.


DeciZone Credits

As part of the Service, we may provide you with credits that can only be redeemed via the Service (the 'Credits'). You agree that you have no right in or title to any Credits you may receive or use in connection with the Service or any other attributes associated with your user account, regardless of how they were obtained. Instead, you receive only a limited right to use those Credits in connection with certain features on DeciZone. Your use of any DeciZone Credits is subject to these Terms in addition to the DeciZone Credits Rules, which will be posted before we add Credits to the functionality of the Service (as part of these Terms).

DeciZone prohibits and does not recognize any purported transfers of Credits outside of the Service, or the purported sale, gift, or trade of Credits outside of the Service unless we expressly authorize such transfers in writing. Any such transfer or attempted transfer is prohibited and void, and we may unilaterally cancel any Credits transferred, assigned, or sold in violation of these terms or DeciZone Credits Rules.

At any time, for any reason, and without notice to you, we may:

  1. change the rules for transferring, receiving, or redeeming Credits;
  2. stop offering or supporting Credits;
  3. expire, cancel, modify, or delete your Credits; or
  4. cancel any transaction for Credits.

Our APIs

We may make available one or more application program interfaces (API) for interacting with the Service. Your use of any DeciZone API is subject to these Terms in addition to the DeciZone API Rules, which will be posted before we make any APIs available (as part of these Terms).


Copyright Policy

We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed (the 'complaining party');
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
  3. Identification of the material that is 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 us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:

Copyright Agent

DeciZone, Inc.

Email: copyrights@Decizone.com

Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. A link to your published notice may be displayed on the Service in place of the removed content.

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we may also terminate a user's account if the user is determined to be a repeat infringer.


Privacy

We value your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service, you consent to the transfer of your information to the United States and/or other countries for storage, processing, and use by DeciZone.


Advertisements

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, users, or other information. The types, manner, and extent of advertising by DeciZone on the Service are subject to change without notice to you. In consideration for DeciZone granting you access to and use of the Service, you agree that DeciZone and its third party providers and partners may place such advertising on the Service or in connection with the display of Content (whether submitted by you or another user) or information from the Service whether submitted by you or others. You agree that you are not entitled to compensation for such advertisements.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Service, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that DeciZone shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Service.


We Are Not Responsible for Third-Party Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, pricing, ratings, reviews, opinions, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DeciZone of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


Guidelines for Links to DeciZone

Anyone linking to the Service must comply with these Terms and all applicable laws. Specifically, any links to the Service:

  1. except as permitted under the 'Your License to Use the Service' section of these Terms, may link to, but not replicate, the Content on the Services;
  2. should not create a browser or border environment around any Content on the Services;
  3. should not imply that DeciZone is endorsing it or its products or services;
  4. should not misrepresent its relationship with DeciZone or the Service;
  5. should not present false information about DeciZone or the Service;
  6. should not use any DeciZone trademarks, trade names, or logos without express written permission from DeciZone; and
  7. should not contain content that is reasonably considered profanity, defamatory, vulgar, or illegal, or otherwise in violation of the 'Restrictions on Your Content' section of these Terms.

Third Party Beneficiaries - Medical and Legal Contributions

All DeciZone users who provide answers to medical or legal questions ('Medical & Legal Contributors') are intended third-party beneficiaries of these Terms.

YOU AGREE NOT TO USE THE SERVICE FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL, OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE ENTIRE RISK FOR USE OF THE SERVICE IS BORNE BY YOU.

See DeciZone's Policy Regarding Questions and Answers to Medical Questions and DeciZone's Policy Regarding Questions and Answers to Legal Questions.

DeciZone has provided certain disclaimer template language that Medical & Legal Contributors may edit and incorporate in their answers. Ethics rules differ by state, so we are not sure that this language will work for every legal or medical contributor in every location - especially since rules can change over time. Medical & Legal Contributors should edit or add to disclaimer language as necessary to comply with their own state's rules.

As always, we do not monitor or control the Content posted via the Service. The answers and messages created by Medical & Legal Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Medical & Legal Contributors, nor do we endorse any opinions they express.


Disclaimers; Limitation of Liability

Your access to and use of the Service or any Content is at your own risk. The Service and all Content including, without limitation, flowcharts related to medical and legal topics provided by Medical & Legal Contributors is provided for informational purposes only. You understand and agree that the Service is provided to you on an 'AS IS' and 'AS AVAILABLE' basis.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, DECIZONE, ITS AFFILIATES AND PARTNERS, AND MEDICAL & LEGAL CONTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Service or any Content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DeciZone or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECIZONE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND MEDICAL & LEGAL CONTRIBUTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, PSYCOLOGICAL OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE FOLLOWING:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
  3. ANY CONTENT OBTAINED FROM THE SERVICE;
  4. YOUR RELIANCE ON THE QUALITY, ACCURACY, RELIABILITY OF THE CONTENT INCLUDING, WITHOUT LIMITATION, FLOWCHARTS, COMMENTS, RATINGS, AND ANSWERS TO MEDICAL AND LEGAL QUESTIONS; OR
  5. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION SHALL APPLY TO ANY AND ALL CLAIMS AGAINST DECIZONE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND MEDICAL & LEGAL CONTRIBUTORS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DECIZONE AND ITS MEDICAL & LEGAL CONTRIBUTORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT DECIZONE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO DECIZONE IN CONNECTION WITH THE SERVICE IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (ii) $100.00.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Answers to Medical Questions

Content posted on the Service in response to medical questions are not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by such Content.

If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.

By using the Service for medical questions and/or answers, you agree to the following terms:

  1. We do not endorse, approve, or guarantee the quality or accuracy of any medical Content. As such, we will not be liable under any circumstances for reliance on any such Content.
  2. Content is not a substitute for professional medical advice, examination, diagnosis, or treatment.
  3. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
  4. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
  5. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
  6. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
  7. Content is not regulated by the Food and Drug Administration or any state or national medical board.
  8. You will not post confidential information on the Service.
  9. Information posted to DeciZone publicly or sent in an unsolicited message to a DeciZone user is not confidential and does not establish a physician-patient relationship without the express consent of that user.

Answers to Legal Questions

Content posted on the Service in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. For example, California residents should visit http://www.calbar.ca.gov/Public/Pamphlets/HiringaLawyer.aspx

Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content. By using the Service for legal questions and/or answers, you agree to the following terms:

  1. We do not endorse, approve, or guarantee the quality or accuracy of any legal Content. As such, we will not be liable under any circumstances for reliance on any such Content.
  2. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
  3. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
  4. Content is not regulated by any state or national bar association.
  5. You will not post confidential information on the Service.
  6. Information posted to DeciZone publicly or sent in an unsolicited message to a DeciZone user is not confidential and does not establish a attorney-client relationship without the express consent of that user.

Open Source Licenses

The DeciZone Service and accompanying source code may contain or be provided together with open source software. Each item of open source software is subject to the MIT license. Copyrights to the open source software are held by the respective copyright holders.


Indemnification

If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will defend, indemnify, and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim including, without limitation, claims related to Content that infringes on a third party's intellectual property rights and damages that we may incur as a result of unauthorized access to your account. DeciZone reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


Miscellaneous Terms

Governing Law and Venue. These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Alameda County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Embargoes. You may only use the Service if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Service, or are on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to access the Service.

Dispute Resolution. You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Services in the following manner: first, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can contact us by emailing us at TermsAndPrivacy@DeciZone.com). Second, if we cannot resolve the dispute within 30 days of submission, we both agree to attempt in good faith to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, the costs of which shall be divided equally between DeciZone and you. Third, if we cannot resolve the dispute through informal resolution and mediation, we both agree to participate in binding arbitration according to this section.

  1. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ('ADR') provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  2. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is greater than $10,000, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. We both agree that, in the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys' fees).

The forum for mediation or arbitration required by this section shall be in Alameda County in California, unless otherwise agreed to in writing by you and us.

Notwithstanding the above, either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.

Survival. In the event of any termination of these Terms, whether by you or by DeciZone, the sections of these Terms which by their sense and context are intended to survive the termination of the Agreement will continue in full force and effect. Such section include but are not limited to: 'You Give DeciZone and its Users License to Your Content'; 'We Have the Right to Modify Your Content'; 'Restrictions on Your Content'; 'Your Content and Your Use of the Service is Your Sole Responsibility'; 'Fillable Flowcharts'; 'Our Rights'; 'Our Proprietary Rights in the Service'; 'You Are Responsible for Unauthorized Access to Your Account'; 'DeciZone Credits'; 'Third Party Beneficiaries -- Medical and Legal Contributions'; 'Disclaimers; Limitation of Liability'; and 'Indemnification'.

Entire Agreement. Except as provided herein, these Terms are the entire and exclusive agreement between DeciZone and you regarding your use of the Service, and these Terms supersede and replace any prior agreements between DeciZone and you regarding your use of the Service. If you have a separate agreement with DeciZone governing your use of the Service that is explicitly in addition to or in place of these Terms, the terms of that separate agreement govern only to the extent they conflict with these Terms, and these Terms govern with respect to subject matter that is not in conflict with any such separate agreement.

Government Users. The following addenda automatically apply to you upon acceptance of these Terms if you are one of the types of entities identified below:

  • If you are a United States Federal Government Agency, this Addendum applies to this Agreement.
  • If you are a different type of government entity in the United States, this Addendum applies to this Agreement.

If you are a United States Federal Government Agency or a different type of government entity in the United States, as described in this section, you must notify us before accessing the Service by contacting us at TermsAndPrivacy@DeciZone.com. We reserve the right to change the Addenda described in this section from time to time. Unless expressly stated otherwise, any changes made prior to when you begin using the Service will apply to your relationship with DeciZone.

No Waiver. The failure of DeciZone to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Severability. If any term or other provision of these Terms is determined to be invalid, illegal, or incapable of being enforced by any rule, law, or public policy, all other conditions and provisions of these Terms shall nevertheless remain in full force and effect to the fullest extent permitted by law.



Questions & Concerns

If you have any questions about our practices or this privacy policy, please contact us at DeciZone, Inc., 43106 Starr Street, Fremont, CA 94539, USA, or email us at TermsAndPrivacy@DeciZone.com.



Last updated: 5th Feb, 2020