Repomanager Terms of Service

Repomanager agrees to provide online services ("Service") to the Customer ("You", "Your" or "Customer") subject to the Terms of Service ("TOS") as described below.

Please contact Repomanager at help@repomanager.com or 775-942-9164 if you have any questions regarding this agreement or wish to obtain additional information.

  1. Acceptance of Terms

    1. These Repomanager Terms of Service are between the Customer and Repomanager and consist of the most recent versions of the terms and conditions of the TOS. Any person or entity acting on your behalf shall also be bound by these terms.
    2. Repomanager reserves the right to modify these terms and conditions at any time. If these terms are changed, Repomanager will attempt to notify you via your primary account's email address. It is your responsibility to ensure that any contact information you provide to Repomanager is updated and correct.
    3. Regardless of whether Repomanager has provided you notice, your continued use of the Service following Repomanager's notice or posting of changed terms will constitute your acceptance of such changes. You can review the most current version of these terms at any time at http://www.repomanager.com/termsofservice.
    4. By using the Service, you agree to be bound by these terms, and represent that you have the authority to enter into these terms.

  2. Description of Services

    1. Repomanager will provide the Customer with use of the Repomanager Service, including a browser interface and data transmission, access and storage as described on the Repomanager website at http://www.repomanager.com.
    2. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these terms.
    3. In order to use the Service, you must obtain access to the World Wide Web and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for your access to and use of the Service.
    4. Repomanager Customers include both "Subscribers" (companies who sign up for a free trial or who purchase a subscription to the Repomanager service) and their "Partner Companies" (companies who are provided restricted access to the Subscriber's Service contents as part of the Subscriber's subscription). Subscribers and Partner Companies must each agree to these terms of services.
    5. Partner Companies' access to the Service is restricted to the relevant Subscriber's Service contents.
    6. Partner Companies' right to use the Service is contingent upon the Subscriber's account being in good standing. Partner Companies' access to the Subscriber's Service will be terminated along with the Subscriber's in the event the Subscriber's service is canceled for any reason.

  3. License

    1. Repomanager hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for your own business purposes, subject to the terms and conditions of this Agreement.
    2. Subscriber's subscription includes the right of your Partner Companies to restricted access to your Service contents; this is specifically included in the definition of your business purposes.
    3. All rights not expressly granted to you are reserved by Repomanager.
    4. You shall not sell, resell, license, sub-license, transfer, assign, distribute or otherwise commercially exploit the Service.

  4. Your Responsibilities

    1. You are responsible for all activity occurring under your user accounts and shall abide by all applicable local, state, national laws in connection with your use of the Service.

  5. Customer Data

    1. Repomanager does not own any data ("Customer Data") that you submit to the Service in the course of using the Service. You shall have sole responsibility for the accuracy and the right to use of all Customer Data, and Repomanager shall not be responsible or liable for the deletion, correction, destruction, loss or failure to store any Customer Data.
    2. In the event this agreement is terminated, Repomanager will make available to Subscriber a machine-readable file of the Customer Data within 30 days of termination if Subscriber requests this at the time of termination and the Subscriber has a paid subscription in good standing.
    3. You agree and acknowledge that Repomanager has no obligation to retain the Customer Data more than 30 days after termination of this agreement for any reason and may delete such Customer Data after that time.

  6. Intellectual Property Ownership

    1. Repomanager shall own all rights, including all related Intellectual Property Rights, to the Repomanager Technology, Content and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
    2. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Repomanager Technology or the Intellectual Property Rights owned by Repomanager. The Repomanager name, the Repomanager logo, and the product names associated with the Service are trademarks of Repomanager and no right or license is granted to use them.

  7. Free Trial

    1. If you signed up for a free trial, you will have a fully-functional Repomanager Subscriber account during your trial period. If you choose to subscribe to the Repomanager service, your account will continue unchanged and maintain all Customer Data created during the trial.
    2. You may choose to subscribe to the Repomanager Service simply by supplying billing information to Repomanager. Your account will automatically convert to a paid subscription at the end of the trial period if you supply billing information.
    3. If you choose not to supply billing information by the end of the trial, your account will be suspended. Suspended accounts will keep all Customer Data available for a minimum of 30 days and may be activated anytime during that period. Repomanager may choose not to keep Customer Data from a free trail available after 30 days.

  8. Fees and Payments

    1. Subscriber agrees to pay the fees as specified on the Pricing page at http://www.repomanager.com/pricing.
    2. Only Subscribers are charged for Service, their Partner Companies are provided restricted access to the Subscriber's Service contents without charge as long as the Subscriber has a subscription in good standing.
    3. You agree to provide Repomanager with updated, accurate billing and contact information. This information includes your company name, street address, e-mail address, and name and telephone number of a company contact person (the "Primary Account"). If the contact information you have provided is false or fraudulent, Repomanager reserves the right to terminate your access to the Service.
    4. Subscriber may choose to be invoiced or have payments charged to a credit card. Repomanager will bill you on or about the 1st of each month with the current charges due. Repomanager bills in advance for subscription to the Service and bills in arrears for additional fees. Invoices will be emailed to the Primary Account and will be due within ten days after the invoice date. Your initial bill may include a prorated amount to align your billing period to the beginning of the month.
    5. Repomanager offers one month's free Service with a yearly prepaid subscription (pay for 11 months Service and the 12th month of Service is free). The Subscriber's monthly rate is guaranteed for the prepaid period. If your rate plan provides a limited number of orders, additional fees for orders beyond the included orders on the Subscriber's plan are not included in the prepaid subscription; they will be billed monthly as they occur.
    6. Upon cancellation of the service for any reason, if Subscriber has prepaid for an annual subscription, Repomanager will refund any unused whole months' subscription fees, minus any amounts due.
    7. Repomanager may, upon 30 days prior notice to you, change any fees or terms of payment for the Service.

  9. Cancellation by Customer

    1. You may cancel your Service and terminate these terms for any reason with 7 days notice. No refund or prorated amount will be provided for a partial month's Service. Please send cancellation requests to billing@repomanager.com

  10. Privacy

    1. Repomanager will not copy or disclose your information or Customer Data to third parties without your permission. Repomanager will not monitor the content of your Service beyond reasonable maintenance and security. Repomanager will disclose the content of your Service to law enforcement agencies only as required by law.

  11. Disclaimer of Warranties

    1. Service is provided "as is" and Repomanager does not promise and does not guarantee fitness for any particular purpose, nor does Repomanager guarantee uninterrupted services. Repomanager does not make any implied or written warranties.

  12. Limited liability

    1. REPOMANAGER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF REPOMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.