Terms of Service

The following terms and conditions govern all use of the Articulus.com website and all content, services and products available at or through the website, including, but not limited to, the e-Corporate Storytelling Workshop and Storyboardcreator.com, (taken together, the “Website”). The Website is owned and operated by Articulus, Inc. (“Articulus”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Articulus’ Privacy Policy) and procedures that may be published from time to time on this Site by Articulus (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Articulus, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

The Website and all training materials are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1)
    Your Articulus.com Account.
  • You must register to access and use the Website. If you are registering on behalf of a company, by registering you represent that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your Acticulus.com account. Each account must have a unique email address.
  • You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card.
  • By registering, you represent that you will use the Website only for the purposes advertised on the Website or in other material published by Articulus.
2)

Responsibility of User.It is your responsibility to use the Website properly and effectively. By using the Website, you warrant that you will use the Website only for the purposes advertised on the Website, that you are a valid user of the Website with the desire to improve communication skills, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

3)

Fees and Payment.Optional premium paid services such as training and consulting are available. By selecting a premium service you agree to pay Articulus the one-time, monthly or annual subscription fees indicated for that service (the payment terms for training services are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for 90 days. Training service fees are not refundable.

4)
Free Trials. .  Users may register for a free trial of paid for services (“Free Trial”).  You understand that the Free Trials are limited in content.  The Free Trials will also be limited to 1-3 days.  By using the Free Trials, you warrant that you are evaluating the service with the intent to purchase.  Articulus reserves the right to refuse Free Trials to any individual or organization for any reason.
5
    Training Services.
  • Fees; Payment. 

By signing up for a Training Services account you agree to pay Articulus the workshop training fee. Applicable fees will be charged immediately unless invoicing arrangements are made with Articulus.  Access to all training materials will be valid for 90 days after the date of payment or invoice date.  Articulus reserves the right to change the payment terms and fees.

  • Email Support.

Training Services include access to priority email support. “Email support” means you have the opportunity to make requests for technical support assistance by email at any time concerning the use of the Training Services.  Articulus will endeavor to respond within one business day. “Priority” means that support for Training Services customers takes priority over support for users of the standard, free Articulus.com services. All Training Services support will be provided in accordance with Articulus standard Training Services practices, procedures and policies.

  • Phone Support.

Training Services include access to phone support.  “Phone support” means you have the opportunity to make requests for consultation on the training materials. Articulus will endeavor to respond within one business day.

6)

Copyright Infringement and DMCA Policy.As Articulus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Articulus.com violates your copyright, you are encouraged to notify Articulus. Articulus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Articulus or others, Articulus may, in its discretion, terminate or deny access to and use of the Website and pursue all rights and remedies available. In the case of such termination, Articulus will have no obligation to provide a refund of any amounts previously paid to Articulus.

7)

Intellectual Property.This Agreement does not transfer from Articulus to you any Articulus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Articulus.  Articulus, Corporate Storytelling and related logos, emblems, slogans, graphics,  are trademarks of Articulus or Articulus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Articulus or third-party intellectual property.

8)

Copyright.All title, including, but not limited to, copyrights, in and to the Website and any copies thereof are owned by Articulus or its licensors. All title and intellectual property rights in and to the content which may be accessed through use of the Website is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Terms of Service grants you no rights to use such content. All rights not expressly granted are reserved by Articulus.

9)

User Materials.Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by the user of the Website (“User Submissions”) to the Website or Articulus is owned by the party contributing such content. As a user of the Website, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.  You are solely responsible for all information, data, and claims in the User Submissions.  Articulus does not confirm, substantiate or approve any information, data, or claims in the User Submissions.  Articulus will treat the User Submissions in the same manner as it handles its own confidential information.

10)
Links to Other Materials.  When using the Website, you may be exposed to materials from other websites.  Articulus does not control such websites and materials and is not responsible for nor can guarantee the content of such websitesfrom a variety of sources.  Articulus is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to materials available through Articulus.com which may be inaccurate, offensive, indecent, or objectionable.
11)Communications
  • Articulus reserves the right to contact you from time to time for feedback about the Website and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Articulus websites.  You may opt-out of receiving various types of communications through your account settings.
  • You consent that any emails, surveys, other information or feedback you provide to Articulus through the Website or via any other medium, except for Personally Identifiable Information, as defined in the Articulus Privacy Policy, can be used by Articulus in any manner, including but not limited to for testimonials, reviews and ratings on Articulus or third party websites.
12)
Changes. Articulus reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Articulus may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13)

Changes to the Services.

  1. Articulus has the right to change or modify, upgrade, add to, or discontinue the Website or any portion or feature thereof at any time without notice. Articulus also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service without restriction.
14)

Service Availability.  The website, supporting materials, and support methods may not be available from time to time.  Articulus makes no guarantee or availability or uptime.

15)

Termination. Articulus may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Articulus.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Training Services account, such account can be terminated by Articulus, upon written notice to you, if you breach this Agreement and such termination will be without remedy or refund to you.   All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16)
Disclaimer of Warranties. The Website is provided “as is”. Articulus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Articulus nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
17)

Limitation of Liability.

In no event will Articulus, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Articulus under this Agreement during the twelve (12) month period prior to the cause of action. Articulus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18)

General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the Articulus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

19)

Indemnification.You agree to indemnify and hold harmless Articulus, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

20)

Miscellaneous.This Agreement constitutes the entire agreement between Articulus and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Articulus, or by the posting by Articulus of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oakland County or the Eastern District of Michigan, as appropriate.  Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond). If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Articulus may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.