Source4Quality, Inc.

"Simplicity is the ultimate sophistication" Leonardo DaVinci

Terms of Service

TERMS OF SERVICE

CORRECTIVE AND PREVENTIVE ACTION AND ACTION ITEM MANAGEMENT SYSTEM™

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") AND SOURCE4QUALITY, INC. (hereinafter "Source4Quality" ) GOVERNING YOUR USE OF THE CORRECTIVE AND PREVENTIVE ACTION AND ACTION ITEM MANAGEMENT SYSTEM™ utility (hereinafter "CAPA-AIMS™").

Parts of this Agreement This Agreement consists of the following terms and conditions (hereinafter the "Terms").

Acceptance of the Terms You must be of legal age to enter into a binding agreement in order to accept the Terms. Before being granted access to CAPA-AIMS™ you must accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms.

Description of Service CAPA-AIMS™ is a database utility that acts as a form you may use to document any issues you determine must be identified, managed, controlled, communicated and/or analyzed. You may access CAPA-AIMS™ using any Internet browser supported by the system. You are responsible for obtaining access to the Internet and the equipment necessary to use CAPA-AIMS™.

Subscription to Beta Service We may offer CAPA-AIMS™ as a beta utility ("Beta CAPA-AIMS™ utility") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta CAPA-AIMS™ utility. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta CAPA-AIMS™ utility as a commercial CAPA-AIMS™ utility. Your use of the Beta CAPA-AIMS™ utility does not obligate you to purchase a subscription to use the CAPA-AIMS™ utility. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta CAPA-AIMS™ utility with or without notice to you. You agree that Source4Quality will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta CAPA-AIMS™ utility for any reason.

Modification of Terms of Service Source4Quality may modify the Terms at any time by notice to you by electronic mail or by publishing the changes on the website http://www.CAPA-AIMS.com. Your continued use of the CAPA-AIMS™ utility after notice of any change to the Terms will be deemed to be your agreement to the amended Terms. See Termination Policy.

User Sign up Obligations You must sign up for a user account by providing all required information in order to access or use the CAPA-AIMS™ utility. If you represent an organization and wish to use the CAPA-AIMS™ utility for corporate/business/organizational internal use, we recommend that you use your corporate/business/organizational email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Source4Quality has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Source4Quality may terminate your user account and refuse current or future use of any or all of the CAPA-AIMS™ utility.

Personal Information and Privacy Personal information you provide to Source4Quality through your use of the utility is governed by the Source4Quality Privacy Policy. Your election to use the CAPA-AIMS™ utility indicates your acceptance of the terms of the Source4Quality Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@Source4Quality.com or by calling us on any of the numbers listed on http://www.Source4Quality.com/contactus.html. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from Source4Quality From time to time Source4Quality may communicate with you. Those communications may include, for example, service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the CAPA-AIMS™ utility. As part of our policy to provide you total privacy, we will also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Fees and Payments Subscriptions to CAPA-AIMS™ are available on a monthly and discounted yearly subscription plan. Monthly subscriptions will be automatically renewed, month to month, and charged to the valid Credit Card last used by you or to a different card designated by you, until such time as the subscription is terminated (See Termination Policy) or you until such time as you opt to change over to an annual subscription. We will provide at least three month’s prior notice prior to any change in the prices of monthly subscriptions. Any announced price changes for annual subscriptions will not apply to current subscriptions during any part of the remaining annual period.

Restrictions on Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the CAPA-AIMS™ utility; (ii) provide any service based on the CAPA-AIMS™ utility without prior written permission; or (iii) use the CAPA-AIMS™ utility for spamming or other illegal purposes.

Spamming and Illegal Activities You agree to be solely responsible for the contents of your transmissions through the CAPA-AIMS™ utility. You agree not to use the CAPA-AIMS™ utility for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the CAPA-AIMS™ utility for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email.

Termination Policy You may terminate your SUBSCRIPTION at any time using the CAPA-AIMS Support Link at the top of the CAPA-AIMS page. We will acknowledge your termination within five business days from our receipt of it. For a MONTHLY SUBSCRIBER the termination will become effective at the end of the next full month from the date of our acknowledgement, after which your account will no longer be charged. For an ANNUAL SUBSCRIBER the termination will become effective at the end of the second full month following the date of our acknowledgement after which your account will be credited with the unused amount. We reserve the right to terminate your access to the CAPA-AIMS™ utility, on ten days notice, if there are reasonable grounds to believe that you have used the CAPA-AIMS™ utility for any activity prohibited by any of the Terms. Such termination shall be considered a termination for cause in which case you will not be entitled to a refund or credit of any unused portion of your subscription. In the event of termination for any reason, we will provide you the opportunity to backup your data via the CSV utility until thirty days after the effective date of the termination. After that time, all data associated with your account will be subject to deletion.

Data Ownership We respect your right to ownership of data or content created or stored by you. Unless specifically permitted by you, your use of the CAPA-AIMS™ utility does not grant Source4Quality the license to use, reproduce, adapt, modify, publish or distribute the data or content created by you or stored in your user account for Source4Quality's commercial, marketing or any similar purpose. However, you grant Source4Quality permission to store, access and backup the content of your user account solely as required for the purpose of providing the CAPA-AIMS™ utility to you.

User Generated Content You may transmit or publish data or content created by you to anyone you choose using any of the CAPA-AIMS™ utility or otherwise. However, you shall be solely responsible for such data or content and the consequences of its transmission or publication. You are responsible for ensuring that you do not make any private data or content publicly available. In the course of using any of the CAPA-AIMS™ utility, if you come across any data or content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable data or content available on or in the CAPA-AIMS™ utility you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such data or content to make such data or content available in such manner.

Sample files and Applications Source4Quality may provide sample files and applications for the purpose of demonstrating the possibility of using the CAPA-AIMS™ utility effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Source4Quality makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Name, Logos, Trademark The name Source4Quality, Inc., the trademark CAPA-AIMS CORRECTIVE AND PREVENTIVE ACTION AND ACTION ITEM MANAGEMENT SYSTEM™ , the name CAPA-AIMS™ utility and related logos are the sole property of Source4Quality. You agree not to display or use, in any manner, the Source4Quality and/or CAPA-AIMS™ name, trademark or logos without Source4Quality's prior permission.

Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE CAPA-AIMS™ UTILITY IS AT YOUR SOLE RISK. THE CAPA-AIMS™ UTILITY IS PROVIDED ON AN AS-IS-BASIS. SOURCE4QUALITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOURCE4QUALITY MAKES NO WARRANTY THAT THE CAPA-AIMS™ UTILITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE CAPA-AIMS™ UTILITY SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE CAPA-AIMS™ UTILITY OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SOURCE4QUALITY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability You agree to indemnify and hold harmless Source4Quality, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the CAPA-AIMS™ utility in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the CAPA-AIMS™ utility, except where such use is authorized by Source4Quality.

Indemnification You agree to indemnify and hold harmless Source4Quality, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the CAPA-AIMS utility in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the CAPA-AIMS utility, except where such use is authorized by Source4Quality.

ArbitrationAny controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and not subject to appeal. The arbitration shall be conducted in Pennsylvania and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Source4Quality may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at legal@Source4Quality.com

Revision History

30 August 2013 - Termination Policy revised
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