Terms of Use Agreements

This Terms of Use Agreement applies in part for End-users who only access the application to complete forms or contracts and do not have access the the administrative aspects of the application, and in total to the Account Holder/Administrators, individual(s) who creates, configures or maintains the associated FormLizard instance. Sections that are applicable to Account Holders/Administrators only are marked as such.

Welcome to FormLizard.com web application, owned and operated by Blue Burro Software (“Blue Burro”). These Terms of Use (”Agreement”) are intended to explain our obligations to you and your obligations to us. This Agreement covers the FormLizard.com application, associated help desk tools, blogs, APIs and all data, forms, texts, reports, images, sounds, video and content made available through or created by FormLizard.com all of which is hereby known as the “Application.” Any new features or enhancements to the Application are also subject to this Agreement. By accessing or using the Application in any way, you acknowledge that you have read, understand and agree to be bound to this Agreement, that you have the authority to sign for and bind the party for which you are registering, and that you are at least 18 years of age.

You understand and agree that the Application will likely change over time and so will this Agreement. You also understand and agree that this Agreement may not address every instance or circumstance of use, but you agree to apply the Terms in a manner consistent with their common intent and meaning. You agree to regularly check the Application site for any changes to this Agreement, which may be made by Blue Burro at anytime.

You understand and agree that subject only to the limited right to access and use the Application expressly granted to you under this Agreement, all rights, title and interest in and to the Application and its components will remain with and belong exclusively to Blue Burro.

Your Obligations

Use of the Application
Subject to this Agreement, you may access and use the Application only for your lawful personal or business purposes.

Content
You understand and agree that you are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Application.

Access Control
You agree to maintain, to the maximum reasonable extent, the security and confidentiality of the usernames and passwords used to access the Application. You agree to immediately notify Blue Burro of any unauthorized use of your usernames and passwords or any other breach of security.

Trouble Calls
You agree you will assist Blue Burro in bringing any open trouble or help tickets to a close including notifying Blue Burro when any open issue is resolved.

Prohibited Uses
You agree that you shall not perform any of the following:

license, sublicense, sell, resell, rent, lease, repurpose, transfer, assign, distribute, time share or otherwise commercially exploit or make the Application available to any third party, other than as expressly permitted by this Agreement;
use the Application to process data on behalf of any third party;
use the Application in any unlawful manner;
use the Application in any manner that interferes with or disrupts the integrity or performance of the Application and its components;
use the Application in anyway that otherwise interferes with others’ use of the Application or breaches their confidential information;
attempt in anyway to undermine, diminish, work around or compromise the security and integrity of the Application and its associated servers, systems, networks, code, and purpose, or the servers, systems, networks of third party hosting companies;
attempt to gain unauthorized access to any materials other than those for which you have been given express permission to access;
transmit or upload to the Application any files, programs or data that may damage or interfere with the Application or any other person’s computing devices, or any materials that may be considered offensive or by your use violate protections of copyright, patent and trade secrets; not modify, copy, or reverse engineer the Application; or
exceed the volumes or scope of usage defined in your usage plan.

Payments - applicable to Account Holders/Administrators only
For use covered under any plan other than a free service plan, beta trial, or trial offer, you will be billed on a pay-as-you go basis on a monthly payment cycle coinciding with the day of the month that your service was started. All payments, unless otherwise mutually agreed to and addressed in a supplement to this Agreement are to be paid via credit or debit card. You agree to keep such payment information current via the account profile section of the Application. If Blue Burro is not able to process your payment successfully, you will be notified via email and service may be suspended until payment is processed successfully. For use covered under a free service plan, beta trial or trial offer, the service is at no cost to you and no invoice will be emailed.

If you were on a trial basis, and the trial ends prior to you converting to a paying plan, your account will be suspended and can only be reactivated by submitting your credit card information or selecting a free plan, if available.

There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. For any upgrade in plan level, your credit card will automatically be charged the difference between your current monthly rate and the new monthly rate immediately upon acceptance of the new rate, and the new rate will be charged on the next billing cycle. For any downgrade in plan level, the new rate will be charged on the next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. Blue Burro does not accept liability for such loss. Prices are subject to change at any time. In addition, Blue Burro may offer special pricing for clients with a large number of users, specialized use needs or other reasons.

Canceling Your Account - applicable to Account Holders/Administrators only
You are responsible for canceling your account. You may cancel your account at anytime by selecting the Account menu item on the Administration Site and selecting “Cancel My Account” and following the instructions to cancel. ONCE CANCELLED, YOUR DATA WILL BE MAINTAINED FOR 60 DAYS, AFTER WHICH IT MAY BE PERMANENTLY ERASED. YOU CAN ACCESS THE DATA DURING THIS TIME BE RESUBSCRIBING. IN THE EVENT YOU WANT YOUR DATA DELETED RIGHT AWAY, YOU MUST SEND US AN EMAIL AFTER YOU CANCEL YOUR ACCOUNT REQUESTING THAT ALL DATA BE DELETED. THE EMAIL MUST COME FROM THE SAME ADDRESS USED TO CREATE THE ACCOUNT.

Export Compliance - applicable to Account Holders/Administrators only
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Application or any of its components.

Indemnity
You agree to indemnify Blue Burro, its affiliates, subcontractors, service providers, officers and heirs against all claims, costs, damage and loss of any kind and for any reason arising from your breach of any of these terms or any obligation you may have to Blue Burro.

Warranties

Acknowledgements
You understand and acknowledge the following:

If you are using the Application on behalf or for the benefit of an organization we are assuming that you have the right to do so and that organization will be liable for your actions, omissions, payments and any breach of these terms.
The Application is offered on an As-Is basis. Your use of the Application is at your own risk.
Blue Burro does not warrant the Application to be free from defect or errors
Blue Burro does not warrant that the Application will be available on an uninterrupted and timely basis. Further, you understand that telecommunications system, hosting services, computer networks and other infrastructure not in Blue Burro’s control is necessary to access the Application and Blue Burro is is not in any way responsible for any interference or prevention by such infrastructure providers of your using the Application.
Blue Burro does not warrant that the Application is secure or virus free.
No advise or service provided by Blue Burro creates any warranty not expressly stated in the Terms.

DISCLAIMER OF WARRANTIES
THE APPLICATION AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Blue Burro EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BLUE BURRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, BLUE BURRO SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS WHICHEVER IS LESSER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

REMEDY
IF YOU ARE AN ACCOUNT HOLDER/ADMINISTRATOR AND YOU ARE NOT SATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS IN ACCORDANCE WITH “CANCELING YOUR ACCOUNT” CLAUSE ABOVE. IF YOU ARE AN END-USER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE APPLICATION.

Interrupting or Terminating

Blue Burro reserves the following rights:

to modify or discontinue, temporarily or permanently, the Application (or any part thereof)
To refuse any and all current and future use by you of the Application
To suspend or terminate your account (or any part thereof) or use of the Application and remove and discard any of your content in the Application, for any reason, including, if Blue Burro believes that you have violated this Agreement.

Blue Burro will use best efforts to notify you about any planned downtime of the Application, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Application, may be referred to appropriate law enforcement authorities. Blue Burro shall not be liable to you or any third party for any modification, suspension or discontinuation of the Application.

Trademarks

FormLizard©, and Blue Burro’s various logos used or displayed on the Application are trademarks of Blue Burro and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Blue Burro products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

Assignment

Blue Burro may assign or transfer this Agreement, in whole or in part, without restriction.

Governing Law

There Terms shall be governed by the laws of the State of Florida, St. Johns County without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Florida, County of St. Johns for the purpose of resolving any dispute relating to your access to or use of the Application.

Severability

In the event that any provision of this Agreement is found to be unenforceable under applicable law, the parties agree to replace such provision with a substitute provision that most nearly reflects the original intentions of the parties and is enforceable under applicable law, and the remainder of this Agreement shall continue in full force and effect.

Non Enforcement

The failure of Blue Burro to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right.

Entire Agreement

You acknowledge that this Agreement IS a contract between you and Blue Burro, even though it is electronic and is not physically signed by you and Blue Burro, and it governs your use of the Application and takes the place of any prior agreements between you and Blue Burro.