Terms of Use Last updated: 11.2.2019 FlowLMS is a cloud-based Learning Management System, an online service owned and operated by XoomPoint Corporation. ("XoomPoint", “Company”, "we," or "us"). This page explains the terms by which you may use our services (the “Services”). By accessing or using the XoomPoint services, website, applications and software provided through or in connection with the service, including through a mobile device, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement", “Terms”), whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users"). By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “Customer”, “you” and “your” will refer to that organization. Use of Our Service XoomPoint grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement. You must not use Services to transmit, store or present any information, data or material which violates any local, state, federal or international laws applicable to XoomPoint, your jurisdiction, or any jurisdiction in which your Services instance is subject. This includes, but is not limited to copyrighted material, trademarked material, intellectual property, material that is subject to trade secrets, threatening or obscene material, pornography, material that infers sexual content, material that links to adult content elsewhere or material that promotes illegal activity. Any use of our Service for such activity will result in the immediate termination of your instance without notice or refund. Fees & Payment Fees: Customer will pay, and authorizes XoomPoint to charge using Customer's selected payment method, for all applicable fees. If Customer enrolls in the annual billing plan, fees are refundable within the first 14 days of the Services. Otherwise, fees are non-refundable except as required by law. Customer is responsible for providing complete and accurate billing and contact information to XoomPoint. XoomPoint may suspend or terminate the Services if fees are 30 days past due. Taxes: Customer is responsible for all taxes. XoomPoint will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide XoomPoint with an official tax receipt or other appropriate documentation. FlowLMS Free/Evaluation plan cannot be used for revenue-generating or commercial purposes unless explicitly granted by XoomPoint. Member Account If Service requires you to open an account, you agree to provide accurate, current and complete information in the Registration form. You will also choose a password and user name. If you provide any information in the Registration form that is false, inaccurate, out of date or incomplete, or a password or user name that contains any inappropriate, profane, defamatory, obscene, or indecent terms, Company may suspend your account and refuse to provide you with any Company services. You are entirely responsible for any and all activities that occur under your account. Your Security Responsibility You must take steps to ensure the security of your Service instance and prevent unauthorized access. You are responsible for any misuse of our services, even if that misuse was committed by a person to whom you have given access to your instance. You are also responsible for any misuse regardless of whether it was with or without your consent. Registrant Removal In the event that we determine, in our sole discretion, that you have breached any of our terms of use, or have otherwise demonstrated conduct inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Service; (b) terminate your access to this Service; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate. Submissions, Comments and Feedback Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques. Links to Other Sites Our Service may contain links to third-party web sites or services that are not owned or controlled by XoomPoint. XoomPoint has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that XoomPoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. International Use XoomPoint controls and operates this Service from its headquarters located in Finland. We make no representation that this Service or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. If you use this Service from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries. Governing Law and Forum The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of Finland, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. Copyright Information © 2019 XoomPoint Corporation – http://www.xoompoint.com - All Rights Reserved. Including software, file formats, and audiovisual displays; may only be used pursuant to applicable software license agreement; contains confidential and proprietary information of XoomPoint Corporation and/or third parties which is protected by copyright and trade secret law and may not be provided or otherwise made available without prior written consent. Trademarks XoomPoint, the XoomPoint logo, FlowLMS, the FlowLMS logo are trademarks or registered trademarks of XoomPoint Corporation in USA and/or other countries. Microsoft, Microsoft Azure and Microsoft Windows are registered trademarks of Microsoft Corporation in the United States and/or other countries. Linux is a registered trademark of Linus Torvalds. All other trademarks, registered trademarks and/or product names are the property of their respective owners. Restricted Rights Legends Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software -- Restricted Rights in 48 CFR 52.227-19 as applicable. Unpublished - rights reserved under the Copyright Laws of the United States and International treaties. Waiver of Liability THE END USER ACCEPTS AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL XOOMPOINT CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF USE OF PROFIT, LOSS OF REVENUE, LOSS OF PRODUCTION, COST OF CAPITAL, INJURY TO PROPERTY OR REPUTATION, LOSS OF OR DAMAGE TO DATA AND THE LIKE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION. Disclaimer of Warranties THE END USER ACCEPTS AND AGREES THAT ANY USE OF THE SOFTWARE OR THE DOCUMENTATION BY THE END USER IS AT ITS OWN RISK. IN ADDITION, THE END USER ACCEPTS AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" AND XOOMPOINT CORPORATION MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, EXCEPT AS EXPRESSLY SET FORTH HEREIN, XOOMPOINT CORPORATION MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION, DESIGN, USE OR OPERATION OF THE SOFTWARE AND DOCUMENTATION AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XOOMPOINT CORPORATION SPECIFICALLY DISCLAIMS ANY IMPLIED OR EXPRESS REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE OR DOCUMENTATION WILL MEET ANY REQUIREMENTS OR NEEDS END USER MAY HAVE, THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION AND THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. Changes Company reserves the right to change these Terms at any time without notice. Company reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Company. These Terms represent the entire understanding relating to the use of this Service and supersede any prior or contemporaneous, conflicting or additional communications. Contact Us If you have any questions about these Terms, please contact us. CONTACT INFORMATION XoomPoint Corporation Headquarters, R&D Linnankatu 13 A FIN-20100 TURKU Finland Phone +358 (0)10 411 7373 http://www.xoompoint.com mailto:info@xoompoint.com