C5I Services Agreement

Introduction

This document is the C5I Services Agreement.  It is an agreement between you and C5I (or its subsidiaries and affiliates) that outlines the terms of any purchases you make from C5I and governs your use of all C5I online products and services.  It is a single document which includes all relevant information you need for working with C5I and our services.  It includes our Code of Conduct, our Terms of Use, our Privacy Policy and our Purchase Terms and Billing Policy.  We include all of this material in one document to reduce confusion and the need to search multiple places for information.  Whenever we make changes, we also include a summary of the most notable changes to the current agreement.  This document was last updated on March 19th, 2023.

These terms (“Terms”) cover the use of all C5I products, websites, and services offered by C5I and our subsidiaries. You accept these Terms by creating a C5I account, through your use of any of our services, or by continuing to use the services after being notified of a change to these Terms.

You matter. As a member of our community, you will be welcomed and valued. You will also be expected to adopt both the letter and spirit of our rules, and to take responsibility for your conduct and actions at all times when using our services.

Each person matters. We are a community, together. How you treat others directly impacts them, not only online, but also in the real world. Treat everyone with the dignity and compassion that every person deserves. Speak well of people and exercise an attitude of tolerance. Celebrate the diversity we have in each of us and in our friendships together. Triggering, unkind, NSFW or hate-based content or statements have no home here.

Recent Changes

March 19th, 2023: This document was newly created to include all of our previous documents, replacing those documents with a single source of information for working with C5I and our products.

Code of Conduct

Kindness is important.  In today’s world, treating each other well should be a top priority for everyone.  In many ways, kindness contributes directly to our personal health and well-being.  At C5I, we are people, just like you, with lives, and friendships, and families.  We recognize that we are all connected, and, just as we care about our own families, we care about yours as well.  In order to help ensure that everyone using our services is treated well, we have developed this code of conduct to explain the rules and standards everyone is expected to follow when using our services.

C5I uses Microsoft’s 365 platform when we provide services to you, our clients and friends.  For that reason, you should read Microsoft’s Terms of Use, here:  https://www.microsoft.com/en-us/legal/terms-of-use .  You should also refer to the Microsoft Service Agreement, here:  https://www.microsoft.com/en-us/servicesagreement . These policies explain how Microsoft operates Microsoft 365 and can tell you more about the rules surrounding their platforms.  We incorporate their document by reference here, and we recommend reading Microsoft’s statements, for full information on how these rules and requirements apply.

Through the use of the Microsoft 365 platform, C5I provides you with access to a variety of resources, including curriculum information, attendance and grading guidelines, communication forums and records storage (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these agreements.

We use different aspects of the platform for different things.  Teams is where educational activities happen, where conversations between students and teachers might take place, and where assignments and learning are discussed.  Yammer provides more of an open community to allow students and families to chat less formally.  Sharepoint provides document repository and learning library services.  Regardless of whether you are a C5I employee, an organization/co-op/family leader, a teacher, parent, or learner, everyone using our instances of the Microsoft 365 platform, or any of our services, is expected to abide by these rules at all times. 

Rules:

  • Always treat others with respect, kindness and patience.
  • Recognize that we are all on a pathway of learning, but we might be at different points along that path.  Treat each other accordingly.
  • ​​​​​​​Don’t do anything illegal.
  • Don’t engage in any activity that exploits, harms, or threatens to harm anyone.
  • Don’t send email to anyone outside of your family or group.
  • Don’t display or share inappropriate or illegal content or material of any kind.
  • Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating services to affect rankings, ratings, or comments).
  • Don’t circumvent any restrictions on access to or availability of the Services.
  • Don’t engage in activity that is harmful to you, the Services or others, or that advocates or promotes harm or injury to anyone.
  • Don’t infringe upon the rights of others.
  • Don’t engage in activity that violates the privacy of others.
  • Don’t help others break these rules.
  • If you see anything that looks like a rule being broken, or that makes you uncomfortable in any way, tell someone.  If you are a learner, tell your parents.  Parents and adults should refer to your family or group leaders.  C5I staff will always be available to receive rule violation reports and will act on them as appropriate.

These rules are simple, and easy to understand and follow.  We encourage everyone to strive to go beyond the letter of these rules and understand and live up to the spirit and intent behind each of them.  Breaking these rules may result in the immediate suspension or revocation of the acting account, or the service or Subscription generally.  By following these rules, we all help take care of each other, and provide a safe, wholesome, active space where we can learn and grow together.

Terms of Use

Appropriate use Only

Services offered under our Family, Neighborhood and Association Subscriptions are for educational use by students, parents, families and organizations only.  Services offered to Businesses are for use by those Businesses in their normal course of operations only.

Content

All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, curriculum materials and other documents, is the exclusive property of C5I and/or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally (collectively, “Content”). All rights not expressly granted to you in this agreement are reserved and retained by C5I or its licensors, suppliers, publishers, rightsholders, or other content providers.

Permission to use such content from the Services is granted, provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) unless explicitly covered by another license or agreement, use of such Documents from the Services is for homeschooling use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Homeschooling families and organizations may download and reproduce the Documents for distribution in the homeschool setting. Distribution outside that setting is prohibited without express written permission. Use for any other purpose is expressly prohibited by law.

C5I and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. C5I and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall C5I and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.  The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. C5I and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Software

Any software that is made available to download from the Services (“Software”) is the copyrighted work of either C5I, or Microsoft or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by C5I.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.  Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, C5I hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, C5I may make available as part of the services or in its software products, tools, and utilities for use and/or download. C5I does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in C5I software products.

Limitation of Liability

In no event shall C5I and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Member Account, Password, and Security

As a part of the services, C5I will create for each teacher, parent, and student, a Microsoft account on the Microsoft 365 platform which will grant access to the managed services provided by C5I.  You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify C5I immediately of any unauthorized use of your account or any other breach of security. Neither C5I nor Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by C5I or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not attempt to copy or change, alter, or otherwise attempt to modify the Services or these TOU.

Use of Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

C5I has no obligation to monitor the Communication Services. However, C5I reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. C5I reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.  C5I reserves the right at all times to disclose any information as C5I deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in C5I’s sole discretion.

Materials Provided to C5I or Posted at any C5I or Microsoft Website

By posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting C5I permission to use your Submission in connection with the operation of our Internet businesses (including, without limitation, all Homeschool Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.  No compensation will be paid with respect to the use of your Submission, as provided herein. C5I is under no obligation to post or use any Submission you may provide, and C5I may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Privacy Policy

Privacy is important. In today’s world, protecting your privacy should be a top priority for everyone.  In many ways, protecting privacy contributes directly to our personal safety.  At C5I, we are people, just like you, with lives, and friendships, and families.  We recognize that we are all connected, and, just as we care about our own privacy, we care about yours as well.  This privacy statement explains what personal information of yours we use, how we use it, and why.

C5I and our subsidiaries, including C5I Educational Services, (“C5I”) uses Microsoft’s 365 platform exclusively when we provide services to you, our clients and friends.  For that reason, you should read Microsoft’s Privacy Policy, here:  https://privacy.microsoft.com/en-us/privacystatement .  Their policy explains how they operate Microsoft 365 and can tell you more about how your data is processed in their systems.  If you are a young person, a student, or just young at heart, Microsoft also has an excellent Privacy for Young People statement here:  https://privacy.microsoft.com/en-US/young-people .  We incorporate their document by reference here, and we recommend reading Microsoft’s statements, for full information on how their platforms operate.

Beyond the use of the platforms, C5I only requires, and gathers, the following information about you:

  • Your name:  This is typically but not necessarily your legal first and last name.  We use this information only to refer to you by name, and to create and manage accounts for you on the Microsoft 365 platform.
  • The type of user you are:  Either an organization/co-op/family leader, a parent/teacher, or a student/learner.  We use this information only so that we know what kind of account to create for you, and what services and licenses to provide for you on the Microsoft 365 platform.
  • The organization/co-op/family to which you belong.  We use this information only to make sure we create your account in the correct place.
  • If you are a leader, we collect payment information from you.  The information you provide is entirely up to you, and determined by how you wish to pay for services.  If you pay by credit card, we will collect a credit card number and billing address.  If you pay by check, we will collect a check image with check information included.  If you pay by other methods, we will collect a payment token or identity.  We use this information only to facilitate service payment and to ensure payments are legal and legitimate.
  • If you communicate with us over email, a record of that email is kept in the recipient’s mail folders.  We use this information only to provide relevant replies to your inquiries, and to refer back to your previous requests if needed.

You do not have to give us any of this data.  But if you choose not to give us this data, we will not be able to provide you with services.  

As a part of our all-inclusive service offerings, you may choose to provide us with additional personal information.  As an example, one of the services we provide is the storage, for credentialing purposes, of a student’s homeschool-based educational records.  We do not require this data and do not ask for it.  However, if you choose to provide it to us, we will store it for you as long as you have a client relationship with us as a part of our service offering.  This is a specific case where the storage of personal information benefits students, because educational agencies require this data to be maintained as proof of a student’s educational accomplishments.  The decision to have us store this data on students’ behalf is entirely yours.  If you have us store this data, and we receive an inquiry from an educational agency for data verification, we will make a concerted, good-faith effort to contact you first.  However, if we are unable to reach you, we will provide the data to the agency, because this is a part of the service we provide on students’ behalf (that of permanent record-keeper for educational records.)

You do not have to give us this data either.  If you choose not to give us this data, we cannot serve as your registrar for future reference.

The information we collect as listed above is stored securely within Microsoft 365.  It is accessible only to C5I staff, and only for the purposes shown above.  It is retained only as long as there is a client relationship between you and us.  If you choose to end services, we will purge these records immediately.  If you have chosen to provide us with educational records for storage, and you end your relationship with us, we will provide a complete digital copy of your records to you at no additional cost, and, once you’ve received it, we will then purge that data from our systems permanently.

When you use Microsoft 365, and specifically the community-oriented features of the services we manage for you, such as Teams, Sharepoint, Yammer, and other services, you will often be interacting with other members of your group (your family, co-op, or organization.)  Anything you submit, or post, to these sites will be seen by everyone else in your group.  There is by definition no expectation of privacy within your group at this level.  Therefore, you should never type, submit, say or share any private or personal information on any of those sites.  Anything you post on these sites should be considered viewable by everyone in your group.  In addition, C5I staff can see these posts as well.  We do not save or copy this information, but we will view it to ensure that our Terms of Use are not being violated.  Specifically, we work to ensure that illegal activities, bullying, or other abuses to do not happen.  Our Terms of Use explains this in more detail.

Things we do not need, will not ask for, will not store, and do not want include:

  • Personally-identifying information such as social security, tax ID, date of birth, or other numeric or private identifiers.
  • The ages or genders of any of our clients or users (although we will try to respect personal pronoun choices if provided to us.)
  • Medical, psychological, or other related data about anyone (although we will always try to provide extra accommodations for anyone requesting such things.)
  • Your routine interactions with Microsoft 365, the applications you use, the pages you visit, or any web or similar tracking information of that type.
  • Information about you from other companies or agencies.
  • Any other personal information at all.

We do not sell, share, purchase, lease, use, or view any of your information with, or from, any other companies or agencies, ever.  Note that if we receive a verified court order from a legitimate government agency, the law requires us to comply with such an order.  This may involve turning over what information we have to law enforcement or investigative agencies.  This is one of many reasons why we minimize the data we collect and keep.

C5I provides organizational management of Microsoft 365 for users.  As outlined in the Microsoft Privacy Policy, this means that we can:

  • Control and administer your Microsoft product and product account, including controlling privacy-related settings of the product or product account.
  • Access and process your data, including the interaction data, diagnostic data, and the contents of your communications and files associated with your Microsoft product and product accounts.

Mobile Apps

If you use an application designed by us on a phone, tablet, computer or other device (“Mobile Apps”), additional information may be obtained by us, including your registered account email address, and your name. We do not accept or store any other personal data about you in our apps.  Our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, as well as other interactions with the Application and other users via server log files, your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.  This data is not held for more than 30 days and is purged by us on a regular basis.  We may request access or permission to certain features from your mobile device, including your mobile device’s local filesystem. We do this only if you specifically ask to upload a file from your device to our servers. If you wish to change our access or permissions, you may do so in your device’s settings.  We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

Privacy Warning for Homeschooling

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. C5I does not control or endorse the content, messages or information found in any Communication Services and, therefore, C5I specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.  Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

If you have a privacy concern, complaint, or question for our Chief Privacy Officer or EU Data Protection Officer, please contact us by using our web form. For more information about contacting us, see the How to contact us section our website.

Purchase Terms and Billing Policy

We (C5I and our subsidiaries and divisions) offer subscription-based services (“Subscriptions”). Subscriptions can be purchased by you (“customer”) directly from our website.  We refer to such purchases as “Subscription Purchases.”  All Subscription Purchases, and/or any other purchases you make from us are subject to this agreement.  By ordering or renewing a Subscription, you agree to the terms in this agreement.

When making a Subscription Purchase, you are entering into a recurring payment agreement with us.  You agree that we will, and provide us permission to, charge your payment method monthly, or annually, depending upon the subscription you choose.  You agree that such charges will continue until you or we choose to end the agreement.  Charges are not refundable, in whole or in part, for any reason, even if you end your agreement or subscription early.  The Subscription fees will apply regardless of how much or how often you access or use your Subscription, or the services included with it.

Payment

Subscriptions purchased directly from our websites are managed and billed by us.  Payments are processed automatically and securely via our third-party payment gateway providers, such as Stripe or PayPal. You must refer to their terms and conditions for additional information.  All transactions are handled over SSL and are PCI-Compliant.  We store your name and email address so that we may communicate with you and deliver and support your services.  We do not store your credit card details or any other personally identifying information about you.

Payments are taken in advance.  They must be made at the time of purchase and before you have access to your subscription.  Unless you or we cancel, subscriptions to C5I will be auto renewed on the first day of your next billing period.  You must notify us of any change to your payment method.  Otherwise, we will assume your payment method is correct and will continue to bill fees and charges relating to your subscription by your nominated payment method until you or we choose to end the agreement.  If any subscription fees billed to your account are not processed for any reason, we may suspend your subscription until payment is made in full.

Renewals

Upon renewal of your Subscription, this agreement will terminate, and your Subscription will thereafter be governed by the terms and conditions in this agreement on the date on which your Subscription is renewed (the “Renewal Terms”). If you do not agree to any Renewal Terms, you may decline to renew your Subscription.

You may choose to have a Subscription automatically renew or terminate upon expiration of the subscription period. Automatic renewal is the default. You can change your selection at any time during the Term by notifying us at our support email address. Otherwise, your Subscription will renew automatically for additional subscription periods until you terminate the subscription.

Price Changes

We reserve the right to vary the fees billed for Subscriptions from time to time, but only for the next and subsequent billing periods.  In that event we will give you notice of the changes at least 14 days before it will come into effect.  If you do not cancel your subscription within 14 days of the notice of the changes, you will be deemed to have accepted the changes as published.

Promotions

We may offer special promotions, trials, discounts, offers or coupons from time to time directly through C5I or through third parties, subject to and on its terms and conditions separate to those of C5I. It is your responsibility to read and understand those terms and conditions.

Trial Offers

If you are participating in a trial offer of any kind, we reserve the right to revoke your trial at any time.  Unless you cancel before the end of the trial period, your free trial will automatically roll over to a paid subscription, and you will be charged as described in this document.  Any unused portion of your free trial period will be forfeited upon purchase of a subscription.  Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated.

Suspension

We may suspend your use of our Services if: (1) it is reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a communication from us within a reasonable time; (3) you do not pay amounts due under this agreement; (4) you do not abide by the policies in this agreement or you violate other terms of this agreement.  We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 30 days’ notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period. We may also terminate your Subscription if your use of the Online Services is suspended more than twice in any 12-month period.

Cancellation

If you are dissatisfied for any reason, please contact our Support Team at our support email address.  You may cancel your subscription at any time.  We try to process cancellations immediately; however, unless you cancel at least 2 business days before the start of your next billing period, you may be charged for the next billing period.  After cancellation, you will continue to have access to the Subscription Services for the remainder of your billing period.

To cancel your subscription, submit a request to our support email address, or contact your C5I representative. A customer service representative will contact you within 2 business days and the request will be processed for the business day of your email. Requests made after 5:00pm Mountain Time may be processed on the following business day.

Annual subscriptions offered via monthly payment plan are done so on a finance basis.  If you cancel such a plan, we will continue to charge the monthly payment amount until the end of your committed billing period, and you will continue to have access to the Services for the remainder of that period.  You may optionally choose to pay the remaining amount all at once, and C5I may choose to offer a discount to you if you choose to do so.

We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.  If we take action to collect any unpaid subscription fees from you, you will pay all costs (on a full indemnity basis) incurred in doing so.

Data Retention and Deletion

Several of our services offer extended data retention services to provide storage of official customer records and documents for later use.  Data is retained only as long as you maintain at least one paid user account with us.  If you choose to cancel all of your accounts and services, any data we retain on your behalf will be deleted.

Warranties – Limited warranty

We provide Products and Services “as is,” “with all faults,” and “as available”.  Subject to those limitations, we warrant that the Online Services will perform as described during the Subscription period.  Your only remedies for breach of this warranty are those in this agreement.  If our services fail to meet this warranty we will, at our option and as your exclusive remedy, either (1) return the price paid for the services or (2) repair or replace the services.

This limited warranty is subject to the following limitations: 1. any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty. 2. this limited warranty does not cover problems caused by accident, abuse or use of the Services in a manner inconsistent with this agreement or our published documentation or guidance or resulting from events beyond our reasonable control. 3. this limited warranty does not apply to problems caused by a failure to meet minimum system requirements; and 4. this limited warranty does not apply to trials or promotions.

The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid under this agreement for the Online Service during the 12 months before the cause of action arose; provided, that in no event will a party’s aggregate liability for any Online Service exceed the amount paid for that Online Service during the Subscription. For Services provided free of charge, C5I’s liability is limited to direct damages up to $500.00 USD.

Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.

Governing Law and Arbitration

The laws in force in California, United States of America govern this agreement.  This agreement contains binding arbitration and class action waiver terms that apply to U.S. residents. You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury.  We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

Miscellaneous

Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to C5I must be sent to the following address:

C5I
PO Box 446
Campbell CA  95009-0446
USA

Notices to you will be sent to the address that you identify on your account as your contact for notices. C5I may send notices and other information to you by email or other electronic form, and those will be treated as delivered immediately when sent.

You may not assign this agreement either in whole or in part or transfer licenses without C5I’s consent.  If any part of this agreement is held unenforceable, the rest remains in full force and effect.  Failure to enforce any provision of this agreement will not constitute a waiver.  This agreement does not create an agency, partnership, or joint venture.  There are no third-party beneficiaries to this agreement.

This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications. The terms in this agreement will survive termination of service.   C5I will not be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)).

If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this agreement on that entity’s behalf. If you specify an entity, or you use an email address provided by an entity you are affiliated with (such as an employer) in connection with a Subscription purchase or renewal, that entity will be treated as the owner of the Subscription for purposes of this agreement.