Terms And Conditions

 

Below are our detailed terms and conditions that you must read and accept before using our services.


1. Overview


Before using this website and service, you must review and accept the following terms and conditions (the “Agreement”). The Agreement defines your rights and responsibilities as a user (“User”) of the website and services operated by Ghost Pattern Software, LLC. (“Ghost Pattern Software” or “we”) The Website is operated in the United States of America. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to the Website results in your information being stored and processed in the United States, and you specifically consent to Ghost Pattern Software’s storage and processing the data you submit. The Website and services provided herein are intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions. If you don't agree with any of these terms, or if you have any objections to our Privacy Statement you must not use the Website.


2. Description of the Service

 

Ghost Pattern Software offers app software for mobile devices that provide access to a GroupWise email account. The Website provides information about these apps and services. In order to provide certain functionality for the apps, other non-website internet server services may also be provided. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

 

3. Limited Use License


You may access the Website, use the apps and services as needed to enable access to your email content.


4. Subscription Terms, Fees and Payments

 

Users of the Website or mobile application may be unregistered visitors, paying subscribers or Users that are accessing via a free trial. The different payment options and services offered for the different levels will be published on the mobile application at the time a subscription or other service is offered or renewed. The terms and conditions applying to such subscriptions or other services will be incorporated into this Agreement.

 

Terms for All. You must be 18 years or older to register or subscribe. You understand that you may not use the rights of any person without authorization. You are responsible for all usage or activity on the App via your account. Distribution of your account information to others for access to the App or service is expressly prohibited. You will never be required to reveal your password to any representative or agent of Ghost Pattern Software, its owners or agents. You must notify us by regular mail or by e-mail at support@ghostpattern.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

 

All subscriptions are automatically renewing. This means that once you become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (annually, monthly, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement. The renewal of the subscription takes place subject to the terms in force on the date of renewal.


Free trial. The free trial does not automatically make you a subscriber. When your free trial ends, you will be prompted to select a subscription in order to continue to get access to the app and content. You may select a subscription at any time during your free trial.


Opting Out of Renewal. If you wish to terminate your subscription at the end of your current subscription period and you signed up for a membership via an application on an Apple device (e.g. an iPhone or iPad) you must access the ‘Manage App Subscriptions’ on your device and toggle the ‘Auto-Renewal’ switch to “off”. Apple provides more detailed information on how to do this through knowledgebase articles like http://support.apple.com/kb/ht4098 If you do not change your subscription settings to specify that you want to terminate your subscription at least two days prior to the end of the current subscription period the payment for the renewal period of the subscription will be made.

 

Cancellations and Refunds. You do not need to cancel your free trial. When your free trial ends, you must select a subscription to continue. You can opt of of subscription renewal at any time but you will not receive a refund. If you opt out of auto-renewing your subscription, you will retain access to the App until your subscription expires.  

 

Prices Subject to Change. Prices may be changed by Ghost Pattern Software at any time. If the subscription price decreases then each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. If the subscription price increases, your subscription will not automatically renew.


5. Communications Between Ghost Pattern Software and You

 

We will not send electronic mail unless you specifically request it. This may be because you have subscribed to our newsletter. You can unsubscribe at any time using the same webpage you originally used to subscribe to the newsletter. We may also email you if you first contact us by emailing us for support.


6. Modifications to this Agreement

 

Ghost Pattern Software has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.


7. Liability Disclaimer

 

No Warranty. We make no express warranties or representations as to the quality and accuracy of the Content, Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the Website on an "as is basis" and do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. Ghost Pattern Software does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment and does not warrant that this Website, the Service, its servers, or any emails which may be sent from Ghost Pattern Software are free of viruses or any other harmful components.

 

Limitation of Liability; Exclusive Remedy. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website.

 

8. Disputes

 

If a dispute arises between you and Ghost Pattern Software, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Ghost Pattern Software Customer Support at support@ghostpattern.com to describe the problem and seek a resolution. If that does not resolve the issue, then you and Ghost Pattern Software agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Utah County, Utah for the purpose of litigating all such claims or disputes.

 

Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND GHOST PATTERN SOFTWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ghost Pattern Software agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.  

 

9. Miscellaneous

 

We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of Ghost Pattern Software assign or transfer any of your rights and obligations under these terms.

 

You acknowledge and agree that Ghost Pattern Software may disclose your information if Ghost Pattern Software believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.

 

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

 

Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

 

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of the Services or Website.


This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Ghost Pattern Software.


Last modified: June 26, 2014