End User License Agreement
DESCRIPTION OF SERVICESBugSherpa.com provides a service where intearctive developers and other parties ("site members") can provide certain information on projects, bugs, errors and other issues of development work (either for themselves or on behalf of clients and other third parties) in order to track reported issues and the progress of correcting these issues. Site Members are charged a monthly subscription fee for this service. BUGSHERPA.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BY SITE MEMBERS AND THIRD PARTIES IN RELATION TO DEVELOPMENT WORK, and therefore, does not take any responsibility for the nature or outcome of that work.
NO WARRANTIES: LIMITATION OF LIABILITY
This web site includes information, documents, and materials (collectively, the "Contents") that are subject to change without notice. BugSherpa.com expressly disclaims any obligation to keep Contents up to date or free of errors or viruses, or to maintain uninterrupted access to this web site. This web site (including all Contents) is provided "AS IS."
BugSherpa.com assumes no responsibility for errors or omissions in any Contents, including Contents provided by site members and Contents that are referenced by or linked (by hypertext links) to third party web sites. BugSherpa.com makes no representations or warranties of any kind whatsoever for the Contents or third party web sites or for any products or services mentioned or offered in the Contents or in third party web sites.
BUGSHERPA.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO THE USE OF THIS WEB SITE (INCLUDING ALL CONTENTS AND THIRD PARTY WEB SITES), INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SUITABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
BUGSHERPA.COM SHALL NOT BE LIABLE FOR ANY ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE (INCLUDING ALL CONTENTS), INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF BUGSHERPA.COM IS AWARE OF THE POSSIBILITY OF SUCH ERRORS OR DAMAGES.
GENERAL PROVISIONS AND OBLIGATIONS
BugSherpa.com is designed to be a family-friendly website. Notwithstanding the above, BugSherpa.com subscribers are solely responsible for the content as it relates to information listed. Therefore, by using BugSherpa.com, you agree that you may be subject to content that is offensive or objectionable. In the event that BugSherpa.com is made aware of a subscriber who posts obscene or offensive content or content that is otherwise harmful to minors, BugSherpa.com will suspend or terminate the account of said subscriber. The prohibition against obscene or offensive content or content that is harmful to minors applies to both the written descriptions, links and any other materials provided.
OWNERSHIP OF CONTENT
BugSherpa.com does not have any ownership in any of the information provided by site members.
RESERVATION OF RIGHTS
With the exclusion of the project and bug data, all Contents (including, without limitation, the graphics, icons, and overall appearance of the BugSherpa.com web site) are the property of BugSherpa.com. BugSherpa.com does not waive any of its proprietary rights therein including, but not limited to, copyrights, trademarks, and other intellectual property rights. This web site may not be used for any commercial purpose without the prior written consent of BugSherpa.com. The availability of any Contents through this web site shall under no circumstance constitute a transfer of any copyrights, trademarks, or other intellectual property rights of BugSherpa.com to any web site user or any third party. With the exception of the properties listed by BugSherpa.com subscribers, this web site and the Contents are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any Contents you obtain from this web site.
HOLD HARMLESS AGREEMENT AND INDEMNITY
To the fullest extent allowed by law, you waive any claims against, and agree to indemnify and hold harmless BugSherpa.com, its affiliates, employees, officers, directors and contractors from all claims or liability of every type (including court costs and legal fees) for damages arising out of or relating to the use of BugSherpa.com as it relates to your development work. This agreement applies to you and any other party entering into agreements for the development work offered.
CANCELLING YOUR ACCOUNT AND REMOVING YOUR DATA FROM THE BUGSHERPA WEBSITE
To cancel a TRIAL MEMBERSHIP or STANDARD SUBSCRIPTION, the account administrator (subscriber) must login and click the "Cancel My Account" button on the Administration page.
Trial Memberhips are cancelled immediately and all data is removed from the BugSherpa system.
Subscription Members are redirected to PayPal, where they can cancel their subscription service. Data for cancelled subscription accounts is held on the BugSherpa system for record-keeping purposes. At your request (in writing or via email), all data for a cancelled subsription will be deleted from the servers within 10 days.
PREMIER SUBSCRIPTIONS may be subject to different cancellation policies, governed by addendums to this Agreement.
LAW GOVERNING AGREEMENT
This Agreement shall be construed in accordance with the laws of Georgia; any and all disputes shall be submitted to the jurisdiction of Georgia, disregarding conflicts of law, forum and venue. Venue shall be proper in Superior Court of Dekalb County, Georgia.