Welcome to the HistoryIT Digital Platform Environment web site – transform.historyit.com (the “Site”). The Site is owned and operated by HistoryIT, Inc. (“HistoryIT”).
These Terms of Service (“Terms of Service”) are a legal agreement between You (either an individual or a single entity), the End User, and HistoryIT. Your access to and use of the content, materials, information, and services made available on or through the Site (collectively, the “Services”) are subject to these Terms of Service and all applicable local, national and international laws, rules and regulations. Your access to and use of the Site constitutes your acceptance of these Terms of Service. HistoryIT may change or modify these Terms of Service, in whole or in part, at any time as it deems appropriate by updating this posting without prior notice or liability to users. By accessing and/or using the Services – whether you are a “Licensee” (which means that you are a licensee of the web-delivered software from HistoryIT pursuant to a current, paid-up license) or a “Trial User” (which means that you may use the Site on a one-time basis for thirty (30) days after registering, during which time you agree to be subject to these Terms of Service as if you were a Licensee hereunder) – you acknowledge that you have read, understood and agree to be bound by these Terms of Service and to comply with all applicable laws. The terms “you”, “your”, or “user”, as used in these Terms of Service, refer to a Trial User or a Licensee.
You represent and warrant that you are either a Trial User or Licensee. You represent that you will use the Site and the Services for the sole and exclusive purpose of organizing and cataloging the materials in your archive, storing and viewing digital files of your catalog, and sharing your records via a web site. Your use of the Site and the Services shall be deemed to be your agreement to abide and be bound by each of the terms set forth herein. If you are no longer a licensee or an authorized user of a licensee or affiliated with a licensee, you agree to immediately cease using the software under the login and password provided to you as an authorized user of a licensee.
1. Ownership of the Site
As used in Terms of Service, the term “Site” includes all content and aspects of the Site collectively and individually (including, without limitation, all HistoryIT trademarks, any text, graphics, images, buttons, design lay-out and arrangement, and all software comprising the Site). The Site along with all intellectual property and other rights therein is the sole and exclusive property of HistoryIT or its licensors. Your only rights in and to the Site and the Services are the limited license rights provided pursuant to these Terms of Service. All other rights are expressly reserved.
2. License Rights
Subject at all times to these Terms of Service, HistoryIT hereby grants you a limited, revocable, non-transferable and non-exclusive right and license to access and use the Site and the Services by displaying it on your internet browser only for the purpose of organizing and cataloging the materials in your archive, storing and viewing digital files of your catalog, and sharing your records via a web site. Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless HistoryIT expressly agrees to such use in advance and in writing. Any use of the Site and/or the Services not expressly granted in these Terms of Service is a breach of this these Terms of Service and may violate intellectual property and other laws.
3. Your Account/Registration
Registration and/or sign up are required, among other things, to create an account and access certain portions of the Services. By registering, you represent and warrant to HistoryIT that: (a) you are 18 years of age or older and the age of majority in your state of residence as of the time you register and are fully able and competent to enter into these Terms of Service, and to abide by and comply with these Terms of Service; (b) all information provided by you to HistoryIT during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Service; and (d) you will not use the Services, or any content, materials or information obtained from the Site, for any purpose that is unlawful or that is prohibited by these Terms of Service.
As a Licensee, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current, and complete. HistoryIT may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Service and/or the law, without prior notice or liability.
As part of the registration process, you are required to select and use a password. As a Licensee, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Services. You agree to abide by all applicable laws in connection with your use of the Services, including those related to intellectual property rights, data privacy, international communications, and the transmission of technical or personal data.
You are solely responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account. You agree to notify HistoryIT immediately of any unauthorized use of any account or password, or any other known or suspected breach of the Site’s security. HistoryIT has no obligation to investigate the authorization or source of any such access or use of the Site. HistoryIT cannot and shall not be liable for any loss or damage in the event of an unauthorized use by a third party of your account or password.
If you no longer wish to be a Licensee, you may deactivate your account at any time by sending a cancellation notice to [email protected] HistoryIT will implement deactivation within seven (7) days of HistoryIT’s receipt of the cancellation notice. Deactivation will be effective at time that notice is received by HistoryIT. Once your account is deactivated, it will not be viewable on the Site. It will still be possible to reactivate your account for up to ninety (90) days from the date it is deactivated. After ninety (90) days, HistoryIT begins the process of deleting your account from our systems. As with any website, even if a user deletes and deactivates the account, some information previously posted may still be accessible by third parties. HistoryIT is not responsible for the continued accessibility of the information posted by a user prior to the deactivation of his/her account. No refunds will be issued for deactivated accounts, regardless of when deactivation occurs.
The Site and content are not available to persons under the age of 13 or to any users suspended or removed from the Site. By, accessing, viewing, or otherwise using the Site and its content, you represent that you are at least 13 years of age.
HistoryIT does not claim ownership of any information or material you transmit, post or upload to or through the Services by any means (“Submissions”). You retain your rights to the Submissions you make through the Services. You are solely responsible for all Submissions and all other content transmitted, posted, or uploaded and activity that occurs under your account even when such content is transmitted, posted, or uploaded by others. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to transmit post or upload your Submissions and to grant the rights granted by you herein. By making a Submission, you automatically grant to HistoryIT and its service providers, a paid-up, worldwide, royalty-free, perpetual, irrevocable and transferable license and right to host, display, publish and transmit such Submission in connection with the Services. HistoryIT may process, analyze, generate intelligence from, and otherwise aggregate the data from your Submissions (“Generated Data”). HistoryIT will own the Generated Data, and reserves all rights to consume and exploit it in any way, without restrictions. To the extent HistoryIT would need a license or other grant of rights from you to generate, own, or exploit the Generated Data, you grant a paid-up, worldwide, royalty-free, perpetual, irrevocable and transferable license and right to such Generated Data and to all rights in the Submissions needed to create the Generated Data.
By setting your Submissions and other content to be shared publicly (“Public Content”), you agree to allow anyone to view and share such content and to treat it as non-confidential and non-proprietary. All Public Content, including without limitation any and all websites and collection items labeled by you as public or shared, may be promoted and linked by HistoryIT without any compensation or credit to you or to any third party.
You warrant and represent that you shall not transmit, post or upload through the Services any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, misleading, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy or publicity rights, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful or objectionable, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.
You agree that HistoryIT shall not be held liable for any Submissions and/or other content that is provided by users. HistoryIT does not represent or warrant the truthfulness, accuracy or reliability of any content transmitted, posted or uploaded through the Services by users or endorse any statements, representations or opinions expressed by users. Your reliance on content, statements, representations or opinions expressed by users shall be at your own risk.
HistoryIT is not responsible for screening or monitoring Submissions made or other content transmitted, posted or uploaded through the Services by users. If notified by a user of any content transmitted, posted or uploaded through the Services allegedly in violation of these Terms of Service, HistoryIT may investigate the allegation and determine in good faith and its sole discretion whether to remove such content or any portion thereof. HistoryIT shall have no liability or responsibility to users for performance or nonperformance of such activities.
HistoryIT reserves the right not to post or to remove any content posted, uploaded or submitted through the Services for any reason, including, without limitation, any Submissions or other content that, in its sole discretion, HistoryIT deems to be in violation of these Terms of Service or any other applicable law, rule or regulation.
You understand and acknowledge that your Submissions may receive exposure on the internet and may be subjected to comments from other users. HistoryIT is not responsible for any remarks, including any critical or derogatory remarks, posted by users or any third parties.
5. Fees and Payment
You, whether an individual or a legal entity, may not register for a trial subscription more than once. The fees for paid subscription(s) include license fees and charges due for storage and related services.
You agree to provide HistoryIT with complete and accurate billing and credit card or banking account information in connection with your paid subscription(s). If the information you have provided is false or fraudulent, HistoryIT reserves the right to terminate your access to the Services in addition to any other legal remedies.
The fees for the paid subscription and are subject to change from time to time. You agree to pay the subscription fees and any other charges (including any applicable taxes) for the specific paid Services plan you select in accordance with the applicable fees and billing terms. All fees and charges, when paid, are nonrefundable and accrue on the first day of the initial subscription term or successive renewal term, regardless of whether or not you actually use the Services. Amounts not paid when due shall incur a late fee equal to the lesser of one and one-half percent (1.5%) per month or the maximum amount allowed by applicable law.
Should you elect to upgrade your paid subscription to a higher plan, the commencement date for your next renewal period will be reset and you will be billed for the first year of the upgraded level of Services on a pro-rata basis. For example, once you begin your annual billed paid subscription, your next payment would be due on the same date the following year. If during the course of that year you upgrade your paid subscription to a higher plan, the remaining time on your previous plan is prorated at the new annual rate and your renewal date becomes one (1) year from the date you upgraded your subscription.
If you believe any fees or charges to your account are incorrect, you must contact us in writing within thirty (30) days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Subscriptions will be automatically renewed annually for successive one-year renewal terms unless you notify HistoryIT in writing at least thirty (30) days prior to the subscription expiration date. Renewal charges will be based on fees in effect at the time of renewal.
If renewal fees are not paid in a timely manner, or if we are unable to process your transaction using the credit card information provided, HistoryIT reserves the right to revoke access to your account. If you do not bring your balance current within five (5) days after we provide you with notification that your account is in arrears, HistoryIT reserves the right to terminate your account and/or delete some or all of your Submissions.
7. Subscription Termination
HistoryIT may terminate your access to the Site and the Services as set forth in Section 9 below. You may terminate your subscription at any time by sending email notification to [email protected] You must terminate your subscription at least 30 days before its renewal date in order to avoid automatic renewal and a charge of the next period’s fees. No refunds will be issued for terminated or deactivated accounts, regardless of when that deactivation occurs.
When you opt to deactivate or terminate your subscription, whether at the end of your paid subscription or before its renewal date, you will lose access to all Submissions and Services, including public web sites; you agree to be solely responsible for such loss; HistoryIT cannot and shall not be held liable for such loss.
8. Acceptable Use and Conduct/User Restrictions
As a condition of your access and use of the Site and the Services, you agree that you will use the Site and the Services in compliance with these Terms of Service and all applicable local, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export controls and embargo restrictions under the laws of the United States.
You further agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Services in any manner with the intent to interrupt, damage, disable, overburden or impair the Services; (c) use the Services in violation of HistoryIT’s or any third party’s intellectual property or other proprietary or legal rights; (d) use the Services in violation of any applicable laws and/or to encourage illegal activities; (e) reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decompile, decrypt, or otherwise alter or interfere with or exploit the Site and the Services or make any unauthorized use thereof; (f) access, tamper with, or use non-public areas of the Services, HistoryIT’s computer systems, or the technical delivery systems of HistoryIT’s providers or otherwise obtain or attempt to obtain any content, materials, or information through any means not intentionally made publicly available or provided for through the Services; (g) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures or otherwise attempt to gain unauthorized access to the Services through hacking, password mining, or any other means; (h) use, launch or upload or attempt to use, launch or upload any “spider”, “robot”, “bot”, “scraper”, “data miner”, or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Services (or portions thereof); (i) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (j) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Submission in such a manner as to interfere with or create an undue burden on the Services; (k) collect or harvest any personally identifiable information, including account names, from the Site; or (l) use the Services in any way that might bring HistoryIT into disrepute. The list above is not exhaustive. HistoryIT reserves the right to monitor your use of the Site and the Services.
Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of HistoryIT, HistoryIT’s licensors or other applicable rights holders.
9. Changes to and Termination of the Services
HistoryIT aims to continually improve the delivery and content of the Services and, as a result, HistoryIT will make changes to the Services from time to time. New features may be added, but HistoryIT may also modify or discontinue (temporarily or permanently) any element of the Services, in whole or in part. If the changes to the Services, in our sole discretion, are material, we will attempt to notify you via an e-mail to the e-mail associated with your account.
There are some circumstances under which the Services may be terminated:
A. If HistoryIT cannot obtain commercially-practical rates or terms from a service provider or supplier, HistoryIT may cease to offer the Services. In such case, HistoryIT will provide thirty (30) days prior notice via e-mail to the e-mail associated with your account.
B. HistoryIT may also cease to offer the Services for any other reason, in which case HistoryIT will provide you with a thirty (30) days prior notice via e-mail to the e-mail associated with your account.
HistoryIT reserves the right, at any time, to disable the Services temporarily for security or maintenance reasons.
It is HistoryIT’s policy to respect the intellectual property rights of others. All content posted on the Site must comply with U.S. copyright law. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended) (“DMCA”), if you believe in good faith that copyrighted work has been copied, adapted, reproduced, or exhibited on the Site in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent. To be effective, the notification of claimed infringement must include the following information (see 17 U.S.C 512(c)(3) for further detail):
A. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. 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 HistoryIT to locate the material;
D. Information reasonably sufficient to permit HistoryIT 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;
E. 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
F. 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 the exclusive right that is allegedly infringed.
Subject to the provisions below, in appropriate circumstances, HistoryIT, at its sole discretion, may suspend or terminate any user’s access to the Site and/or the Services and/or take other action against users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.
HistoryIT’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: DMCA Copyright Agent
245 Commercial Street, #101
Portland, Maine 04101
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to HistoryIT customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Site or disabled after HistoryIT received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending HistoryIT a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the Site that has been removed or to which access has been disabled and the location at which the Site appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Site was removed or disabled as a result of mistake or a misidentification of the Site; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Copyright Agent, HistoryIT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against HistoryIT and provides HistoryIT with notice of same, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notification, at HistoryIT’s sole discretion.
Please send all other questions or comments regarding this Site or HistoryIT’s products to:
Attn: CORRECT CONTACT
245 Commercial Street, #201
Portland, Maine 04101
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HISTORYIT AND ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THROUGH USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS OR OTHER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HISTORYIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HISTORYIT’S TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO HISTORYIT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH YOU NOTIFY HISTORYIT OF THE CLAIM.
The above (along with the disclaimers set forth below) may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations on liability. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action. Your remedies under these Terms of Service are exclusive and are limited to those expressly provided for herein.
13. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, HISTORYIT AND ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS, HEREBY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR FITNESS FOR PARTICULAR PURPOSE OR NEED.
HISTORYIT MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SITE AND THE SERVICES OR ANY CONTENT THEREON. HISTORYIT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE AND THE SERVICES, OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE AND THE SERVICES. YOU ALSO AGREE THAT HISTORYIT HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE AND THE SERVICES. YOU SHOULD ENSURE THAT YOU HAVE SUITABLE BACKUPS OF ALL OF YOUR DATA. WE MAKE NO WARRANTY THAT THE SERVICES 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 HISTORYIT OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless HistoryIT and its affiliates and their respective directors, managers, shareholders, members, officers, employees, agents, licensors and service providers from and against any and all claims, actions, obligations, damages, costs, liabilities, losses, costs or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your use of the Site and the Services, your Submissions, your breach of these Terms of Service, your violation of any applicable laws and/or your violation of any third-party right, including, without limitation, any copyright, property or privacy right. HistoryIT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
The Services may contain links to third-party websites or resources. These links are provided solely as a convenience to you. You acknowledge and agree that HistoryIT is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HistoryIT of such websites or resources or the content, products, or services available from such websites or resources. Nor do links to such websites and resources imply that HistoryIT is affiliated or associated with the linked-third-party site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. FOR THE AVOIDANCE OF DOUBT, HISTORYIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HISTORYIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Local Laws and Export Control
HistoryIT, through the Site, provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control and other U.S. agencies. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
HistoryIT and its licensors make no representation that the Services made available on or accessed through the Site are appropriate or available for use in other locations outside the United States, and access to them from territories where such access is illegal is prohibited. If you use the Services from outside the United States, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of other countries. Any diversion of the Services and/or any content obtained from or through the Services contrary to United States laws is prohibited.
17. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of Maine without regard to or application of its conflict of law provisions or your state or country of residence. You expressly agree that any claim or controversy arising out of or related to these Terms of Service, the Site, or the Services provided on or through the Site shall be settled by binding arbitration to be held in Portland, Maine, in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude HistoryIT from seeking any injunctive relief in any court of competent jurisdiction for protection of HistoryIT’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving HistoryIT or its affiliates, subsidiaries, employees, contractors, officers, directors, managers, shareholders, members, and service providers. If you are accepting these Terms of Service on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you and these Terms of Service and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Maine (excluding choice of law).
18. Intellectual Property Notice
The Site contains registered and/or unregistered copyrights of HistoryIT. The terms “HistoryIT” and “Digital Platform Environment” are all registered or unregistered trademarks of HistoryIT, Inc. All rights reserved.
HistoryIT makes no claims that the materials provided on or accessed through the Site are appropriate or may be downloaded outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws.
If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect.
No waiver of any term hereunder of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
These Terms of Service constitute the entire agreement between you and HistoryIT with respect to the use of the Site and the Services. Any changes to these Terms of Service must be made in writing, signed by an authorized representative of HistoryIT to be binding on HistoryIT. Notwithstanding the foregoing, HistoryIT, at its sole discretion and without notice, may change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes in these Terms of Service will be effective when posted. If the changes, in our sole discretion, are material, we will attempt to notify you via an e-mail to the e-mail associated with your account. You agree that you will review the latest terms of these Terms of Service prior to any use of the service or site. Your continued use of the Site and/or the Services made available on or accessed through the Site after any changes to these Terms of Service are posted will be conclusively deemed your acceptance of those changes. If any changes are not acceptable to you, you must stop using the site and services.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and HistoryIT by your use of the Site.
The following sections survive the expiration or termination of this Agreement for any reason whatsoever: 1, 3-4, 8, 10, 12-14 and 16-19.
Your rights under this Terms of Service (including but not limited to rights as a licensee) are not assignable and may not be sublicensed.
The failure of HistoryIT to enforce any provision of these Terms of Service will not constitute a waiver of its rights to subsequently enforce the provision. The remedies specified in these Terms of Service are in addition to any other remedies that may be available to it at law or in equity.
This Agreement is for the benefit of HistoryIT, its subsidiaries, affiliates and its third party web site providers and licensors and each shall have the right to assert and enforce these Terms of Service directly or on its own behalf.
Except as otherwise provided in these Terms of Service, all notices should be sent by registered mail to HistoryIT, Inc., 245 Commercial Street, #101, Portland, Maine 04101.