What the contract covers

Welcome to Ambitionality.com (the "Site", "Service"). These Terms of Service (the "Terms") and the Privacy Policy, which is incorporated herein by reference, govern your use of this Site. This is a contract between you and Ambitionality Software, LLC, the Site owner and operator also referred to as "we", "us", "our", and/or the "Owner". The Owner may change the Terms of Service from time to time, effective immediately upon notice posted on the Site. Your access to the Site, in any way, is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site. The Owner reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with the Owner or third parties.

When you may use the service

You may use certain portions of the Site and certain services at no charge. For those areas, you may start using the service as soon as you have received a sign-up confirmation email and access credentials, i.e., user name, password and log-in instructions. Other services require payment of a fee. Technical support is only provided to paying account holders and is only available via email. You will not be allowed to use those services until you have provided any additional information and paid the fee in full. You must be over 18 years of age to register and use the Site.

How you may use the service

The Site includes information, software, text and other content included in the Site (collectively, "Content") that are protected by copyright, trademark or other proprietary rights of the Owner. The Owner grants you a limited, nonexclusive license to use the Service and the Content for your internal use.

By using the Service you agree to:

• provide true, accurate, current and complete information about yourself as prompted by any registration forms, if applicable;
• maintain and update this information to keep it true, accurate, current and complete;
• obey all applicable US and foreign laws and regulations;
• obey any codes of conduct or other notices that we provide; and
• promptly notify us if you learn of a security breach related to the service.

If you fail to comply with the Terms for the Site, the Owner has the right to terminate your account without notice and to refuse any and all current or future use of the Site.

How you may not use the service

You agree not to store in any form, distribute, transmit, display, frame in another web site, reproduce, modify, create derivative works from, sell or otherwise exploit any of the Content on this site for any commercial purpose. By using the Site, you warrant to the Owner that you will not use the Site, or any of the Content , for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.

In using the Service, you may not:

• use the Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors;
• use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by the Site, or "meta-searching");
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
• damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone's use of the Service;
• access the Service without authorization.

Third Party Suppliers

You understand that the Owner may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. To the extent that the Site contains links to other sites owned or operated by these third-parties, you acknowledge that the Owner is not responsible for the availability of, or the content located on or through, any third-party sites. If you have concerns regarding the content on third-party sites, you should contact the site administrator for those sites.

You are responsible for your account

Only you may use your account. You are responsible for all activity that takes place with your account. You may not authorize any third party to access and/or use the Service on your behalf. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your subscription plan permits. You are responsible for maintaining the security of your account and password. The Owner cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Submissions and activity that occurs under your account (even when Submissions are posted by others who have accounts under your account). If you are using a free account you are not permitted to block ads. One person or legal entity may not maintain more than one free account. We may, at our discretion, request that you verify or change your user identification and/or password. You should promptly notify the Owner of any unauthorized use of your information or other breach of security.

Your materials

You may be able to submit materials for use in connection with the Service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the Service (a "Submission"). Submissions may not include any content or information that is (a) libelous, defamatory, obscene, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the copyright, trademark, patent, trade secret, privacy or publicity rights of others, (d) interferes or disrupts the Site, or (e) violates any applicable law. The Owner does not pre-screen Submissions but it reserves the right (but not the obligation) in its sole discretion to refuse or remove any Submissions. You remain solely responsible for any Submission and agree to indemnify the Owner for any claim arising from your Submission. The Owner reserves the right to reveal your identify or other information about you in response to a formal subpoena relating to your Submission.

No Warranty

THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE OWNER AND ITS AFFILIATES, AND THIRD PARTY SUPPLIERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU AND NOT THE OWNER ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

In connection with your use of the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. The Owner does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

Liability Limitation

UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ITS AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR THE SERVICES; (2) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (3) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF THE OWNER IS ADVISED OF THE POSSIBILITY THEREOF. THE OWNER'S TOTAL AGGREGATE LIABILITY HEREUNDER, REGARDLESS OF THE NATURE OR FORM OF YOUR CLAIM, WILL BE LIMITED TO THE FEE PAID BY YOU FOR ACCESS TO THE SERVICE FOR ONE MONTH.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE OWNER, ITS AFFILIATES AND THIRD PARTY SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Changes / Cancellation of service

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. If you initially sign up for a paid account and you don't cancel that account before the first day of the next month, you will be billed monthly starting on the 1st day of the month after your account was initially created. If you cancel prior to the processing of your first invoice on the 1st day of the month, you will not be charged. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade in subscription plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Submissions, features, or capacity of your Account. The Owner does not accept any liability for such loss.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by the Account Holder by navigating to "Account Settings" and clicking the "Cancel My Account" button. All of your Submissions will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. The Owner, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ambitionality service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Submissions in your Account. We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Indemnification

You agree to defend, indemnify and hold harmless the Owner, its affiliates, licensees and third party suppliers and their respective directors, officers, employees and agents for, from and against all liabilities, claims damages and expenses, including attorneys' fees, arising out of or in connection with your use of the Site, or your violation or alleged violation of the terms of this Agreement. Any indemnified party may participate, at its own expense, in the defense of any matter subject to indemnification by you and you agree to cooperate with such party in the defense of such claim.

Interpretation

If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. All parts of this contract apply to the maximum extent permitted by law. The provisions of this agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the parties that we cannot enforce. The rest of this contract will not change. The Terms of Service and the Privacy Policy are the entire contract between you and us regarding your use of the Site and the Service and supersedes any prior contract or statements regarding the Site or the Service. Headings used in this agreement are for convenience only and are not to be used in determining the meaning of the terms. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester).

Assignment

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

No third party beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

Notices; consent regarding electronic information

This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

* by e-mail at the e-mail address you specified when you signed up for your service.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

Contracting party, choice of law, and location for resolving disputes

Arizona law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Mohave County, Arizona, USA for all disputes arising out of or relating to this contract.

Effective March 13, 2008