Terms of Service

Interface (Product and Services) and its website, www.getinterface.com (Site) are property of Instrument Marketing, Inc. (Instrument).

Our postal address is:

Instrument
1737 NE Alberta St
Suite 201
Portland, OR 97211
USA

We can be reached via e-mail at hello@getinterface.com
or you can reach us by telephone at 503.928.3188

Welcome to the Interface Site. The term “Instrument” or “us” or “we” refers to the owner of this Site. The term “you” or “User” refers to any user or viewer of this Site.

By continuing to browse and use this website in any way, including by purchasing and using the Product or Services, you agree to comply with and be bound by the following Terms of Service, which together with our Privacy Policy govern Instrument’s relationship with you in relation to this Site. These documents form a legally binding agreement between you and Instrument, and you should read them carefully. Please review these Terms of Service periodically as we may modify them from time to time without prior notice. The Terms of Service was last modified on July 15, 2009.

Each time you visit the Site, use a Service or Product provided by Instrument or provide us with information, by doing so you are accepting the practices described in the version of the Terms of Service and the Privacy Policy in effect at that time.

The content of the pages of this Site is for your general information and use only. It is subject to change without notice.

SITE COPYRIGHT AND INTELLECTUAL PROPERTY

This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this Site which are not the property of, or licensed to us are acknowledged on the Site.

The Product and Services, which includes all software and documentation,both in electronic or printed form, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property of Instrument. You may only use or access the Product and Services as specifically provided for in this Agreement.

ACCEPTABLE USE AND PROHIBITED CONDUCT

You agree to use this Site, the Product and Services only for lawful purposes and only to the extent expressly authorized by Instrument. Unauthorized or unlawful use of this website may give rise to a claim for damages and/or may be a criminal offense.

You are solely responsible for all activity under your account, including but not limited to content (data, graphics, photos, links) that is uploaded under your account. You agree not to use the Site, Product or Services to take any action that violates any federal, state or local law or that violates or infringes upon any other party’s rights, including transmitting, storing, or otherwise handling worms or viruses or any other harmful component, links to illegal materials, or material that is an invasion of privacy or publicity rights of which is protected by copyright, trademark, or other proprietary rights without permission of the owner or right holder.

While Instrument prohibits certain content and conduct on this Site and with its Product and Services, you understand and agree that you nonetheless may be exposed to such content and that Instrument shall not be held responsible.

You agree not to use the Product or Services as a remote storage server, access the Product or Services through automated methods or send unsolicited e-mails (SPAM) to promote any website published through Instrument Products or Services. Instrument reserves the right to restrict downloadable file sizes.

You agree not to knowingly allow another website or hosting server to link to content files stored on Instrument’s servers. Users deemed to be using Instrument solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.

You agree not to use the network resources of the Product and Services to impersonate another person or misrepresent authorization to act on behalf of others or on behalf of Instrument and its employees.

You agree not to attempt to undermine the security or integrity of the computing systems or networks of Instrument, its partners, or sites accessed through or with their product, and must not attempt to gain unauthorized access to any site.

We may, but have no obligation to, remove User content and accounts containing content that we determine in our sole discretion are unlawful, offensive, objectionable or that violates any party’s intellectual property or these Terms of Service with or without advance notice to User. If we notify you of a violation, and you take no corrective action, we will suspend the use of the Product and Services until a resolution is reached between Instrument and you. Instrument has the right to cancel your service without refund of fees for violations of the acceptable use provisions of these Terms of Service.

Instrument has sole discretion to determine whether an account is in violation of the acceptable use provisions of these Terms of Service. Such a violation may result in tracking information being stored in order to identify the offending User, as well as in permanent restriction of the User from use of Instrument Products and Services.

TERM AND TERMINATION

To utilize Product and Services, User shall agree to either a one (1) month or twelve (12) month service agreement with Instrument. User may opt to upgrade or downgrade their service agreement to any other service agreement that Instrument is currently offering for sale at any time during User’s service at the cost in effect at the time of the upgrade or downgrade. At the end of the service term, the service will automatically renew indefinitely on a month-to-month basis at then-current charges until explicitly canceled by the User.

The Product and Services may be terminated by either party at the expiration of any then-current term. Voluntary termination of service by User must be submitted to Instrument in writing or initiated in the User’s Account Center.

Notwithstanding the above, Instrument may terminate a User’s access to the Product and Services at any time, without penalty and without notice, if, in Instrument’s sole discretion, the User fails to comply with any of the terms of this Agreement. Instrument will send notice of termination to the contact information listed in the User’s account.

We strongly urge you to maintain backup copies of all data stored on Instrument’s servers. Upon notice of termination of Product use and Services by Instrument to User or voluntary termination of service by User, Instrument has the right to delete all data, files, or other information that is stored in the User’s account for any reason. In we terminate your account for failure to comply with the Terms of Service, we will notify you of termination and date of data storage end, which date shall be no more than 5 days after the date of notification. It is the User’s responsibility to export and make secure any of its data, files or information stored in the User’s account prior to termination of service.

Instrument will not be liable for the loss of data, files or information stored on Instrument’s servers. Under no circumstances will Instrument be responsible for the export or storage of User data after the date of termination.

FEES AND REFUND POLICY

By utilizing the Product and Services, you understand and agree to allow Instrument to initiate reoccurring monthly billing using User’s securely stored billing information at the rate then-applicable to your service plan. Instrument reserves the right to unilaterally modify the Product and Services, including rates, following your initial service term and will communicate these changes to the User within 30 days after they take effect to your billing contact information in our system.

Instrument will not provide free support to User in the use and operation of the Product and Services. Only Products and Services and features clearly indicated as “free” or “no charge” are provided free or without charge. All other applications, features, functionality and support provided by Instrument and its partners are provided for a fee and the User is liable for such fees.

In the event of a service downgrade, a discount credit will be issued to User’s account for the difference in the cost of the two service levels over the remainder of the User’s original service term. This credit can only be applied to future months of service with Instrument, and is in no way transferable to a cash refund.

GRANT OF LICENSE

For as long as you have a current valid contract with Instrument for the Product and Services, you are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Product and Services. This license is for the sole purpose of enabling Instrument to provide the Product and Services.

You agree not to rent, lease, publish, store or provide the Product and Services (including any software or documentation used by or with the Product and Service) to third parties, or otherwise enable its use by others.

You agree not to decompile, disassemble, reverse engineer, copy, store, create a derivative work, or display any of the Product or Services (including any portion of the software or documentation) in human readable form, or otherwise use the Services (including software and documentation) except as explicitly provided for in these Terms of Service.

Each individual instance of the Product (and included Services) is intended to be used for one (1) individual website (domain) only. You may not use one Product instance for multiple domains or websites.

By storing data, files, or information on Instrument’s servers, you give Instrument a non-exclusive, non-transferable, royalty-free, temporary license to such data, files or information to the extent required to provide the Product and Services. This license is solely for the purpose of allowing Instrument to provide the Product and Services.

ETIQUETTE AND PRIVACY

Blogs have expectations regarding subject area and appropriate etiquette for posting comments. Users of these blogs should be considerate of others when posting material or content for electronic distribution.

All user-specific information you provide in connection with use of the Product or Services shall be governed by the Privacy Policy. You agree that you understand and accept all terms and conditions contained within the Privacy Policy.

Instrument reserves the right to terminate any User account that does not maintain valid information and contact email addresses. However, Instrument undertakes no responsibility to validate any information provided by any User.

AGE AND NATURE OF THE USER

All Users must be at least 18 years of age. The Product and Services may not be used or accessed by any automated devices or computational machines, and must be under the manual control of a User at all times.

TAXES

Instrument shall not be liable for any taxes or fees to be paid in accordance with or related to purchases made from or by the User or through the Product and Services. All Users must take full responsibility for all taxes and fees of any nature associated with Services used or Products purchased.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Instrument (including its agents, officers, directors, employees, suppliers, and contractors) from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against them, that arise or result directly or indirectly from your actions or use of, or the actions of any person whom you allow to use, the Product or Services.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL INSTRUMENT (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, OR CONTRACTORS) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITS PROVISION OF FAILURE TO PROVIDE THE PRODUCT AND SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF NATURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTRUMENT RECORDS, PROGRAMS OR SERVICES. THIS LIMITATION SHALL APPLY TO ALL CLAIMS WHETHER ARISING FROM BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OF OTHERWISE, EVEN IF INSTRUMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND FUNCTIONALITY OF THE SITE AND THE PRODUCT AND SERVICES.

IN ADDITION, INSTRUMENT SHALL NOT BE LIABLE TO USER FOR ANY DAMAGES IN EXCESS OF THE DOLLAR AMOUNT PAID BY USER DIRECTLY TO INSTRUMENT DURING THE MOST RECENT MONTH IN WHICH SUCH PAYMENT WAS MADE.

DAMAGES CLAIMS FOR UNAVAILABILITY OF THE PRODUCT AND SERVICE AGAINST INSTRUMENT ARE EXPRESSLY LIMITED TO THE PRO-RATA PORTION OF ANY MONTHLY CHARGE PRE-PAID BY THE USER DIRECTLY TO INSTRUMENT FOR THE PERIOD OF THE SYSTEM UNAVAILABILITY. “SYSTEM UNAVAILABILITY” SHALL BE NARROWLY DEFINED AS AN UNSCHEDULED OUTAGE OF MORE THAN 2 HOURS, BUT IN NO CASE SHALL INCLUDE OUTAGES FOR MAINTENANCE, UPGRADE OR REPAIR WHERE USERS ARE PROVIDED NOTICE OF SUCHE OUTAGES IN ADVANCE VIA THE SERVICE BLOG. EXCEPT AS EXPRESSLY STATED HEREIN, IN NO CIRCUMSTANCE WILL INSTRUMENT BE LIABLE FOR ANY DAMAGES ARISING AS A CONSEQUENCE OF SUCH UNAVAILABILITY.

WARRANTIES

Instrument warrants that the Product and Services are owned by Instrument and that Instrument has the right to allow you to use the Product and Services as specified in this Agreement.

Instrument and its partners provide the Product and Services on an “as is” basis. Your use of any information or materials on this Site is entirely at your own risk. NEITHER INSTRUMENT NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES FOUND OR OFFERED ON THIS SITE, WHETHER EXPRESSED OR IMPLIED, FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

INSTRUMENT ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY THE USER, OR VIEWERS AND USERS OF USER’S MATERIALS, INCLUDING LOSS OF DATA OR INCOME RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS BY ANY CAUSE OR ERRORS OR OMISSIONS OF THE CLIENT.

LINKS

From time to time this Site may include links to other sites. These links are provided for your convenience and interest only. They do not signify that we endorse the site(s). We have no responsibility for the content of the linked site(s).

ENTIRE UNDERSTANDING

These Terms of Service, together with the Privacy Policy, constitutes the entire understanding of the parties with respect to your use of the Product and Services. No employee or agent of Instrument has authority to orally modify these Terms of Service in any way.

CHOICE OF LAW, JURISDICTION AND VENUE

These Terms of Service shall be governed and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws provisions. Both you and Instrument agree to submit to the exclusive jurisdiction of the state or federal courts located in Portland, Oregon to resolve any dispute relating to or arising from these Terms of Service, the Privacy Policy, or your use of the Product and Services.

SEVERABILITY

If any court with jurisdiction to decide the matter rules any portion of these Terms of Service to be partly or wholly invalid, then that provision will be removed and the balance of the Terms of Service will remain in effect.