Welcome To Totem. Totem is a proprietary service (as it may be updated from time to time, the "Service") offered by Sock For Robots, LLC, a Texas limited liability company ("our," "us," or "we") that is designed to enable you to build a web page that presents relevant information to press.
When you click "I AGREE" upon creating an account, you agree on behalf of Customer to be bound by this Agreement. Customer is only authorized to access or use the Service as a Customer under these terms. Please read this Agreement carefully and save it. If you would like us to send you a copy of it, you can request that here. If Customer does not agree with it, Customer should not use the Service as a Customer.
Representations About Customer. You represent and warrant to us that you have the power and authority to enter into this Agreement on behalf of Customer. Also, you represent and warrant that the information that you provide to us about Customer or its account in connection with the Service will be current, true, accurate, supportable and complete, and that you have all necessary rights to allow us to create and implement the domains and subdomains generated via your use of the Service.
Authorized Users. Customer may allow Customer’s employees or independent contractors to use the Service on behalf of Customer ("Authorized Users"). As a condition to such use, Authorized Users may be required to agree to abide by the terms set forth herein. Customer and Authorized Users shall immediately notify us in the event that Customer or an Authorized User becomes aware of any violation of the terms of this Agreement. Customer shall be liable for any breach of the Agreement by any Authorized User.
Customer Representations About the Content. It is important to us that Customers do not use the Service to infringe the rights of others. As such, Customer represents and warrant to us that to Customer’s knowledge (i) Customer has the right to share the Content via the Service, and (ii) the posting and sharing of the Records via the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
Reservation of Rights With Respect To The Service. We reserve all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. If Customer submits comments, suggestions, or other feedback regarding the Service ("Feedback"), Customer agrees that we will be free to use such Feedback for any purpose.
Restrictions On Customer’s Use Of The Service. Customer may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Service. Customer may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). Customer shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Limitations on Availability. The Service or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. Customer uses the Service at its own initiative and is responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.
Support and Maintenance. We will provide Customer with a reasonable amount of email and chat support regarding use of the Service. Scheduled system maintenance shall take place from time to time, and during such time, the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about Service uptime.
Termination. This Agreement is effective until terminated by Customer or us. Customer’s right to use or access the Service will terminate automatically without notice from us if Customer fails to comply with any term(s) of this Agreement. Upon termination of the Agreement, Customer shall cease all use of or access to the Service. Customer acknowledges that except to the extent we otherwise agree in writing or in the Supplemental Terms (defined below), we may restrict, modify, or terminate Customer’s access to the Service, without liability, for our convenience.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall WE OR OUR AFFILIATES HAVE liability to CUSTOMER for damages IN EXCESS OF THE GREATER OF the amount of TWENTY-FIVE dollars ($25) OR THE AMOUNT CUSTOMER PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMERS.
Export and Other Restrictions. Customer may not use or otherwise export or re-export the Service or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed or obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, Customer represents and warrants that it is not located in any such country or on any such list. Customer also agrees that it will not use the Service for any purposes prohibited by applicable law.
The Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Consent to Receive Commercial E-mail. We may need to be able to communicate with Customer about the Service, and we would like to be able to make certain commercial offers available to Customer from time to time. AS SUCH, YOU CONSENT ON BEHALF OF CUSTOMER TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. We will allow Customer to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), Customer will need to terminate its account.
Modifications. We may modify the terms of this Agreement from time to time. Any such modification shall be effective when we notify Customer of the modification (via an update to the terms delivered via email or through the Service) and Customer subsequently signifies its acceptance or uses the Service.
Fees. Though presently there is no charge for the basic Service, we reserve the right to charge for the Service or features thereof. To enjoy certain features of the Service, additional terms, including payment terms may apply. Such terms are set forth below under the Paid Features section of this Agreement.
Third Party Offerings. Similarly, to enjoy certain third party offerings, certain third party terms (each, "Third Party Terms") may apply. Third Party Terms will be presented for review and acceptance at the time that Customer undertakes such activity within the Service, and any such Third Party Terms shall constitute an agreement between Customer and such third party. We are not responsible for such third party offerings.
Miscellaneous. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and Customer’s use of the Service. Use of the Service may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding use of or access to the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “Totem” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. Customer may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Paid Features. The following terms apply only to the paid features of the Service hereinafter described.
Description of Totem Pro Features. A description of the features associated with Totem Pro is located here.
Payment Terms for Totem Pro. Pricing for one (1) year of Totem Pro is $99.00, due in advance (the "Totem Pro Fee"). All fees are due and payable in U.S. dollars, non-refundable (except to the extent set forth below) and are exclusive of applicable sales, excise, use or similar taxes. Customer shall pay all such taxes directly or to us, as required by applicable law. If payment is not received when due, we may suspend Customer’s access to the Service or the Totem Pro features thereof.
Term of Totem Pro Subscription. Upon receipt of the payment described herein and subject to Customer’s adherence to the terms and conditions of the Agreement, we will make Totem Pro available to Customer for at least one (1) year from the date of Customer’s subscription therefor. The foregoing does not diminish our ability to terminate Customer’s account (without refund) in the event of a breach of the Agreement, or for our convenience subject to the following sentence. If we terminate this Agreement for our convenience during the one (1) year period following your subscription to Totem Pro, we will refund you a pro rata portion of the Totem Pro Fee, attributable to the portion of such one year period that has not lapsed as of our termination.
Contact Us. We can be reached at: 4200 North Lamar Blvd., Suite 225, Austin, Texas, 78756, email@example.com.