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<= time datetime=3D"2020-01-31" class=3D"date-past">31 Jan 2020
This Service Terms Agreement ("Agreement") is a binding=
legal document between Brikit and You, which you accept by purchasing a Se=
rvice.
If you do not agree to this agreement, then do not pay fo=
r or use the Service.
"Service" is the work performed by Brikit under a service package o= r service punchcards offered on https://www.brikit.com. "You" means you, the organiz= ation or individual that purchased the Service. "Brikit" means Brikit Inc. = of PO Box 6320, Portland, OR 97228, USA.
By remitting payment or purchase order for any portion of the fees for t= he Service, or by installing or using any of the Service, You agree to be b= ound by this Agreement. If You do not agree to this Agreement, then do not = pay for or use the Service.
The "Agreement" also includes any Brikit policies or documents reference= d in this document, including Brikit's Privacy Policy at https://www.brikit.com/dis= play/brikit/Privacy+Policy .
From time to time, Brikit may modify this Agreement, including any refer= enced policies and other documents. Any modified version will be effective = at the time it is posted, and will apply to any Service paid for after the = time of posting.
Brikit will provide the purchased Service as described on the page where= the Service where the service is offered.
Service prices are stated in the Service Descriptions section below= .
Payment must be received in advance of Service. Acceptable forms of paym= ent include: credit card, check, and bank transfer. Refunds will be gr= anted up to 30 days from purchase, provided Service has not commenced.
No travel is included. Service will be performed remotely by Brikit.
Each Service Punchcard is valid for 60 days from date of purchase, with = new punchcard purchases resetting the 60-day period for any unexpi= red previously purchased Punchcard. Unused Punchcard time cannot = be refunded after 60 days from purchase.
This Agreement will terminate one year after completion of the last= Service or Theme Package annual maintenance contract.
Except for extensions to Brikit products (which become part of the produ= ct, owned by Brikit) or the Confluence Universal Wiki Converter ("UWC", whi= ch become part of the UWC project, licensed by Atlassian), or unless otherw= ise agreed in writing, the Service will be provided as "work made for hire.= " For clarity, themes created under a Theme Package are work made for hire.=
Use of Brikit products, Atlassian products, and the UWC are governed sol= ely by the terms of their respective End-User License Agreements.
Brikit neither guarantees, warrants, nor makes any representations = as to the correctness or completeness of the Service or its suitability to = any particular purpose, and no liability, contingent or otherwise is accept= ed by Brikit for errors or omissions.
Without limitation, Brikit will not be liable for any loss, damage, cost= , expense, or other claim (including consequential damages and loss of prof= its) in relation to the Service.
If You have entered a separate Nondisclosure Agreement with Brikit, that= agreement governs nondisclosure obligations in lieu of this section.
"Confidential Information" means any information, technical data, or kno= w-how relating to research, products, services, customers, markets, softwar= e, developments, inventions, processes, designs, drawings, engineering, mar= keting, finances, or other area which is designated in writing to be confid= ential or proprietary, or if given orally, is confirmed within seven (7) da= ys in writing as having been disclosed as confidential or proprietary.
Brikit and You agree not to use Confidential Information received b= y the other party for any purpose except to provide the Services. Neither p= arty will disclose the Confidential Information of the other party to third= parties, or to its employees unless required to provide the Service. Each = party agrees that it will take all reasonable steps to protect the secrecy = of, and avoid disclosure or use of, Confidential Information of the other p= arty in order to prevent it from falling into the public domain or the poss= ession of unauthorized persons. Each party agrees to notify the other party= in writing of any misuse or misappropriation of the other party's Confiden= tial Information which may come to its attention.
Each party agrees that, in addition to any other remedies that may be av= ailable, the other party shall be entitled to obtain injunctive relief agai= nst the threatened breach of this section or the continuation of any such b= reach, without the necessity of proving actual damages.
Any Confidential Information, including copies, which have been disclose= d by the other party will be returned or destroyed within thirty (30) days = after the completion of the Service, or at the written request of the discl= osing party.
Applicable Law
This Agreement are governed by the laws of Washington State, USA, and Yo= u and Brikit irrevocably and unconditionally submit to the exclusive jurisd= iction of the courts of King County, Washington.
Arbitration
Except in circumstances where a party seeks urgent injunctive relief, be= fore commencing any court proceedings, if any disputes arises under this Ag= reement the parties will negotiate in good faith to resolve the dispute and= if the dispute has not been resolved within sixty (60) calendar days by th= e relevant parties using their best efforts to resolve the dispute, the dis= pute will be referred to arbitration and determined under the Rules of Arbi= tration of the International Chamber of Commerce (RAICC) by one or more arb= itrators appointed in accordance with the RAICC, with any hearings to be he= ld in Seattle, Washington, United States of America.
This Agreement is the entire agreement between You and Brikit relating t= o the Service and they supersede all prior or contemporaneous oral or writt= en communications, proposals and representations with respect to the Servic= e or any other subject matter covered by this Agreement. If any provision o= f this Agreement is held to be void, invalid, unenforceable or illegal= , the remaining provisions shall continue in full force and effect.