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Use is Acceptance and Forms an Agreement. Your use of The Anywhere Platform (theanywherecompany.com, its website or mobile apps) constitutes your acceptance of these terms and conditions, so please review them carefully. Please review the following terms and conditions(“Terms and Conditions”) that govern your use of The Anywhere Platform, product of Polarisoft The Anywhere Company Registered in the United Kingdom, England and Wales No. 05710565
These Terms and Conditions form an agreement between you and The Anywhere Company that governs your use of The Anywhere Platform. Some of The Anywhere Company Services may be available without need to sign in, and others may be accessible only after you sign in. Your use of or registration for any of The Anywhere Company Services will constitute your agreement to comply with these Terms and Conditions. If you do not agree with and comply with these Terms and Conditions, please do not use this website and exit The Anywhere Platform immediately.
Fees. You agree to pay all fees for use of the Services as set forth on the Fees Page. You must represent to The Anywhere Company that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “As Is” with no warranties of any kind. The Anywhere Company may change the fees for its Services from time to time.
Modification to the Terms and Conditions. The Anywhere Company may modify these Terms and Conditions at any time in its sole discretion. All changes are effective at the time we post them, and those changes will apply to any subsequent access and use of the website by you. Each time you access The Anywhere Platform, you will be deemed to have accepted any such changes. If we do modify these Terms and Conditions, we may (at The Anywhere Company’s discretion) provide you no notice or notify you of such changes via e-mail at the e-mail address you at the time of registration.
Compliance with Laws. You agree not to use the Services to purchase illegal goods or services, seek payment for other than what is rightfully owed, or otherwise to participate in any activity that violates applicable law. You agree to comply with applicable law.
Termination of Your Use. We may terminate or suspend your access to all or part of the website for any or no reason, including but not limited to your failure to comply with these Terms and Conditions.
Termination of The Anywhere Platform Services. The Anywhere Company may at any time and without notice, terminate The Anywhere Platform in part or in its entirety or any products or services offered by the Anywhere Company.
The Anywhere Platform Ownership. The Anywhere Platform is owned and operated by The Anywhere Company. Unless otherwise noted, The Anywhere Company either owns or has otherwise obtained a license from a third party to use: the design and content of The Anywhere Platform, including illustrations, images, artwork, graphics, photography, product layout and design, icons, navigational buttons, audio, software, text, data, and other information and materials as well as the assembly and arrangement of those components (the “Site Content”). The site, as a whole and in part, is protected by copyright, trademark, and other intellectual property and proprietary rights. All rights are reserved, and your use of the service gives you no license or any claim of ownership to any of those rights.
No Unauthorized Use of Site Content. You agree not to make unauthorized use of Site Content by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by these Terms and Conditions of The Anywhere Platform. The Anywhere Company will investigate all unauthorized and other illegal uses of the site, and take appropriate legal action as it deems appropriate, including without limitation, the pursuit of all available civil, injunctive, and criminal remedies. Illegal and unauthorized uses of The Anywhere Platform include, without limitation, efforts to collect usernames or email addresses of users for the purpose of sending unsolicited email and the unauthorized framing of or linking to the site.
Eligibility to Use The Anywhere Platform. The Anywhere Platform is not intended for users under the age of 18. To register you must be 18 years of age or older. If you are a minor under the age of 18, you may only use The Anywhere Platform in conjunction with your parents or guardians. The Anywhere Company does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to The Anywhere Company. If a child under 18 submits information through any part of The Anywhere Platform, and The Anywhere Company becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Registering with The Anywhere Platform. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under you’re Anywhere Platform account, including for any actions taken by persons to whom you have granted or have attained access to your Anywhere Company Workspace. We reserve the right to change the account type, suspend or terminate the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Unacceptable Content. The Anywhere Company may make certain Services available to users that register and facilitate such users’ ability to post content, including text, images, photographs, graphics, comments, reviews, bulletin-board postings, and other user-created and posted materials (“User Content”), to public areas or private portions of The Anywhere Platform. All User Content is subject to the restrictions set forth in these Terms and Conditions. You agree not to post any User Content that is unacceptable (“Unacceptable Content”); Unacceptable Content includes, but is not limited to, User Content that:
(a) is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, obscene, offensive, indecent, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
(b) is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
(c) is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy.
(d) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
(f) is libelous, defamatory, knowingly false, or misrepresentative;
(g) seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(h) infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
(i) includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, “junk mail,” or unauthorized advertising;
(j) is harmful or malicious to the systems or networks of The Anywhere Company or any other persons;
(k) interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
(l) violates any obligation of confidentiality or violates the privacy or any other right of any third party;
(m) consists of any other User Content that The Anywhere Company in its sole discretion deems to be Unacceptable Content.
Copyright Complaints. The Anywhere Company respects the intellectual property of others, and we ask our users to do the same. The Anywhere Company may, in its sole discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on The Anywhere Platform in a way that constitutes copyright infringement, or that The Anywhere Platform contains links or other references to another online location that contains material or activity that infringes your copyright rights, please send us a written notice.
The Anywhere Company
Disclaimer of Warranties. Your use of The Anywhere Platform, the services, and the products and services of any third-party providers is “as is” and at your own risk. To the full extent permitted by applicable law, The Anywhere Company, its affiliates, and any third-party providers expressly disclaim all warranties, express and implied, including, without limitation, all warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, completeness, and reliability. The Anywhere Company and its third-party service providers do not warrant that access will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses, worms, trojan horses, spyware, adware, phishing, or other malicious software (malware) will be transmitted through access.
Limitation of Liability. Regardless of the nature of the claim or cause of action and regardless of foreseeability, The Anywhere Company and any third-party service providers are not liable to you or any third parties for:
(a) any actual, direct, indirect, special, consequential or punitive damages or for any lost profits or revenues arising out of these terms and conditions.
(b) your inability to access The Anywhere Platform;
(c) your use of or reliance on the services, the site content, or materials available through third-party sites linked to The Anywhere Company; and
(d) any viruses, worms, trojan horses, spyware, adware, phishing, or other malicious software (malware) that are alleged to have been obtained from the services or The Anywhere Company.
Indemnification. You agree to defend, indemnify, and hold harmless The Anywhere Company, its affiliates, licencors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) relating to your violation of these Terms and Conditions, including but not limited to, your User Content. Under no circumstances will The Anywhere Company be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your Anywhere Platform account, or the information contained therein.
Release. You hereby agree to release The Anywhere Company and any third-party service providers, and each of their respective directors, members, shareholders, officers, employees, and agents from all claims, demands and damages (any actual, direct, indirect, special, consequential or punitive damages or for any lost profits or revenues) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in anyway connected with your use of The Anywhere Platform.
Security. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. Unfortunately, no data that is transmitted over the Internet or stored on servers that can be accessed via the Internet can be guaranteed to be absolutely secure. You provide your personal information at your own risk. You are responsible for safeguarding your password and for restricting access to The Anywhere Company services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any The Anywhere Platform account subject to dispute) will be final and binding on all parties. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the email address you provided to us when you registered.
Electronic Communications. When you visit TheAnywhereCompany.com or The Anywhere Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email, text or by posting notices on TheAnywhereCompany.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Jurisdiction; Governing Law. This agreement shall be governed by and interpreted in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.
Trademark Notice. The Anywhere Company, The Anywhere Platform, Beautifully Uncomplicated, PPMAnywhere, KPIAnywhere, AnywherePSA, AnywhereGRC, AnywhereNPD are trademarks of The Anywhere Company.
Acceptance to Stripe Services Agreement. Payment processing services for collectors and payers on The Anywhere Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as user of The Anywhere Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.