Streamline™ Terms of Service
This Agreement describes the terms governing your use of the Streamline online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference: Streamline's Privacy Statement provided to you in the Services available on the website or provided to you otherwise; additional Terms and Conditions, which may include those from third parties; any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, or any other relevant terms.
YOUR RIGHTS TO USE THE SERVICES
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Streamline. Streamline reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Streamline grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
The SB 272 Enterprise System Catalog tool is free, and will be free forever.
For Services offered on a payment or subscription basis (Streamline Web, for example), the following terms apply, unless Streamline notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services. You agree to receive payment information and invoices via electronic communications, including by email.
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following.
- A valid credit card acceptable to Streamline;
- Check made payable to “Streamline” mailed to the appropriate address
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. Streamline will not be responsible for direct or indirect damages or loss that you might incur from such non-payment related suspension or termination of your account or the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Streamline will automatically renew your monthly or annual agreement at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
PARTNER AND AFFILIATE DISCOUNTS
Streamline offers discounts to members of its partner organizations or affiliates. You must be a member in good standing with the affiliate in order to qualify for the member discount. If you are erroneously given a discount, you may be liable for the difference in price, at Streamline’s sole discretion.
USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Streamline makes no warranties or representations of any kind, express, statutory or implied as to:
- The availability of telecommunication services from your provider and access to the services at any time or from any location;
- Any loss, damage, or other security intrusion of the telecommunication services; and
- Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
- Your personal information.
You can view Streamline’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Streamline Privacy Statement, and any changes published by Streamline. You agree that Streamline may use and maintain your data according to the Streamline Privacy Statement, as part of the Services. You give Streamline permission to combine identifiable and non-identifiable information you enter or upload for the Services with that of other users of the Services and/or other Streamline services. For example, this means that Streamline may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Streamline is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
You are responsible for your content.
You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Streamline a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Streamline is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by Streamline in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Streamline does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Streamline is not responsible.
Streamline may freely use feedback you provide.
You agree that Streamline may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Streamline a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Streamline in any way.
Streamline may monitor your Content.
Streamline may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Streamline or its customers, or operate the Services properly. Streamline, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Streamline does not give professional advice.
Unless specifically included with the Services, Streamline is not in the business of providing legal or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
We may tell you about other Streamline services.
You may be offered other services, products, or promotions by Streamline ("Streamline Services"). Additional terms and conditions and fees may apply. With some Streamline Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Streamline permission to use information about your business and experience to help us to provide the Streamline Services to you and to enhance the Services. You grant Streamline permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Streamline permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Streamline may be required by law to send you communications about the Services or Third Party Products. You agree that Streamline may send these communications to you via email or by posting them on our or other websites.
You will manage your passwords and accept updates.
You are responsible for securely managing your password(s) for the Services and to contact Streamline if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
DISCLAIMER OF WARRANTIES.
Your use of the services, software, and content is entirely at your own risk. Except as described in this agreement, the services are provided "As is," “where is” and “with all faults.” to the maximum extent permitted by applicable law, streamline, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, "Suppliers") disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the services. Streamline and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.
Streamline, its affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations, including the americans with disabilities act or other state laws or regulations
LIMITATION OF LIABILITY AND INDEMNITY.
To the maximum extent permitted by applicable law, the entire liability of Streamline, its affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, streamline, its affiliates and suppliers are not liable for any of the following: (a) indirect, special, incidental, punitive or consequential damages; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet streamline systems requirements. The above limitations apply even if streamline and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of streamline, its affiliates and your exclusive remedy with respect to the services and its use.
You agree to indemnify and hold Streamline and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Streamline reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Streamline or its counsel in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Streamline may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Streamline policy, or if you fail to comply with this Agreement, or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Streamline’s rights to any payments due to it. Streamline may terminate a free account at any time. This Agreement will survive and remain in effect even if the Agreement is terminated.
California state law governs this Agreement without regard to its conflicts of laws provisions.
ARBITRATION AND WAIVER OF JURY TRIAL.
This section evidences an additional agreement between us to arbitrate disputes.
Streamline and you also agree that any dispute between us, and/or you and any of streamline’s vendors shall be resolved by binding arbitration.
Streamline’s vendors shall be deemed to be third party beneficiaries of this agreement and your agreement to arbitrate all disputes with them as described herein.
This means, among other things, that any dispute, between us, including, without limitation, in contract or tort, based upon, arising out of or relating to this agreement or to the relationship between us, our engagement and/or our performance or failure to perform services is subject to binding arbitration. In addition, all questions regarding the arbitrability of the dispute, including whether we have agreed to arbitrate the dispute, shall be decided by such arbitration. This agreement to arbitrate all disputes between us applies even if some person or entity claims that this agreement is void, voidable or unenforceable for any reason.
By agreeing to arbitrate, all parties are waiving their right to jury trial and their right to conduct discovery (except as the arbitrator may permit).
Further, by agreeing to arbitrate, all parties are agreeing to pay an equal portion of the arbitrator's fees.
The arbitration shall be held in the City of Sacramento or City of San Francisco, California before a retired California superior or appellate court judge or federal court judge pursuant to the Standard Arbitration Rules of ADR Services, Inc. and shall be administered by ADR Services, Inc. You irrevocably and unconditionally consent to personal jurisdiction in California and venue in the City of Sacramento or City of San Francisco, California, in any action to compel arbitration and to enforce the arbitration award. The arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.); however, California law shall govern the underlying dispute to be arbitrated.
The arbitration, and all aspects thereof (arguments, testimony, evidence, the decision, award, etc.), shall be confidential, except when used in the course of a judicial proceeding (e.g., to confirm, vacate or modify the award) or regulatory proceeding, as may be requested by a governmental entity or as otherwise may be required by law.
Judgment on the arbitrator's award shall be final and binding, and may be entered in any competent court. By agreeing to arbitrate, all parties acknowledge that an appeal or challenge of an arbitrator's award may occur only under certain circumstances, which are more limited than an appeal of a court judgment.
This agreement to arbitrate shall survive the termination of our representation or this Agreement.
The parties further agree that notice and service of any petition or other pleading in connection with an arbitration pursuant to this clause shall be sufficient if served by regular mail. The pertinent language of California Code of Civil Procedure § 1290.4 which permits such notice or service is contained within subdivision (a) thereof which reads as follows:
"(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice."
This Agreement, including the Additional Terms, is the entire agreement between you and Streamline and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You hereby grant a court or arbitrator the power to revise this Agreement to the extent necessary to make any term(s) of this Agreement compliant with laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Streamline. However, Streamline may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Streamline or (c) a successor by merger. Any assignment in violation of this Section shall be void.