Evolve 365 Terms of Service
Welcome to Evolve 365! The most comprehensive Office 365 training solution on the Planet! By using our training solution, you agree to the following Terms of Service (“Terms”), which Terms represent a contract between you (“You”) and Planet Technologies (“Planet Technologies” or “Us”).
The Office 365 training solution (“Service”) described herein means the features and functions of the subscription based enterprise cloud based productivity solution for Microsoft Office 365 offered by Planet Technologies, which features include among others, on-demand videos and self-help, dedicated Microsoft Office 365 advisors and live support agents, and as the Service may be modified from time to time by Planet Technologies.
The Service may also include optional Service Desk Solutions at your discretion, as well as necessary support services provided by Planet Technologies and/or selected by You. As our Service and support is dynamic, and it may change from time to time. Your continued use of the Service and any associated support indicates your acceptance of any such changes or modifications, which in no event shall be deemed a material modification of the Terms.
Using the Service
Your use of the Service must initiate through completion of your Purchase Order (PO). The term of your Service begins with the acceptance and acknowledgement of your PO by Us and may be terminated by either party at any time. You agree to pay for all Services and support selected in the PO for the full term requested unless there is a material breach of these Terms by Us. You also agree to be bound by any Terms that survive the termination of the Service.
Ownership of Content
Planet Technologies may not own all of the content provided for your use through the Service; however, regardless of our ownership rights, we do not grant any license or ownership rights to You that may be distributed to third parties. Planet Technologies respects the copyright and trademark rights of You and all third parties, and nothing in these Terms shall be construed to permit You or Us to violate the Digital Millennium Copyright Act or any related laws or regulations. Except for material in the public domain under United States copyright law, all material contained in the Service and on the cloud, is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms You may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material without the prior consent of the copyright owner.
If You provide content to Us through the use of the Service, you agree to hold Us harmless from any and all claims for violation of copyright of intellectual property rights that may be held by You or any third party.
Planet Technologies is committed to the security of your information as well as its own. We take commercially reasonable measures to guarantee the safety of the information You provide to us, but we cannot guarantee that it will not be compromised by third parties.
You agree to use the Service for its intended purpose and access it as provided in the instructions given to you by Us. You agree to comply with all laws and regulations governing the use of the internet and related social media and will refrain from posting harassing, illegal, profane or other unacceptable material. You agree not to alter or deface content provided or to make copies for improper use or distribution. You agree not to spam others or to engage in commercial activity outside of that which is specifically permitted by Us.
Disclaimer and No Warranty
THE SERVICE AND ALL INCLUDED CONTENT AND SUPPORT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PLANET TECHNOLOGIES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PLANET TECHNOLOGIES FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OF THE SERVICE AND THE RELATED SUPPORT. YOU USE THE SERVICE AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANET TECHNOLOGIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR LOST PROFITS OR SAVINGS, LOSS OF USE OF SERVICES, COST OF CAPITAL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, DOWNTIME COSTS, COST OF REPLACEMENT SERVICES, OR SUCH DAMAGES AND EXPENSES ARISING OUT OF OR RELATED TO THIS AGREEMENT. OUR AGGREGATE AND CUMULATIVE LIABILITY FOR MONETARY DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY YOU TO US DURING THE 12 MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH ANY CLAIM IS MADE UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless Planet Technologies from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms or any law or regulation; (2) your violation of any law or right of any third party; or (3) any violation of or misappropriation by You of any copyright or intellectual property right of any third party.
Entire Agreement and No Assignment
These Terms and the Order Form constitute the entire agreement between You and Planet Technologies related to the Service. We may make modifications to the Services and/or support that do not materially change the Terms. Your continued use of the Service constitutes acceptance of these modifications.
These Terms govern the relationship between You and Planet Technologies. The Terms are not transferrable by You to any third party.
If any provision(s) of the Terms is deemed illegal or unenforceable, such provision(s) shall be severed without affecting the remainder of the Terms.