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DocuSign Envelope ID:90A54439-23B9-40AF-8246-BFCAAEAA529D
<br /> this TOS grants, by implication, waiver, estoppel, or otherwise, to Customer or any third-party any
<br /> intellectual property rights or other right, title, or interest in or to Submittable IP.
<br /> (e) Suspension or Termination. Submittable may, directly or indirectly suspend, terminate, or
<br /> otherwise deny Customer's, any Authorized User's, or any other person's access to or use of all or
<br /> any part of the Services without incurring any resulting obligation or liability, if. (i) Submittable
<br /> receives a judicial or other governmental demand or order, subpoena, or law enforcement request
<br /> that expressly or by reasonable implication requires Submittable to do so; or (ii) Submittable
<br /> believes, in its good faith discretion, that: (1) Customer or any Authorized User has failed to
<br /> comply with any material term of this TOS, or accessed or used the Services beyond the scope of
<br /> the rights granted or for a purpose not authorized under this TOS or in any manner that does not
<br /> comply with any material instructions or requirements of the Documentation; (2) Customer or any
<br /> Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful
<br /> activities relating to or in connection with any of the Services; or (3) this TOS expires or is
<br /> terminated (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension").
<br /> This Section does not limit any of Submittable's other rights or remedies, whether at law, in
<br /> equity, or under this TOS. Submittable shall use commercially reasonable efforts to provide
<br /> written notice of any Service Suspension to Customer and to provide updates regarding
<br /> resumption of access to the Services following any Service Suspension. Submittable shall use
<br /> commercially reasonable efforts to resume providing access to the Services as soon as reasonably
<br /> possible after the event giving rise to the Service Suspension is cured. Submittable will have no
<br /> liability for any damage, liabilities, losses (including any loss of data or profits), or any other
<br /> consequences that Customer or any Authorized User may incur as a result of a Service
<br /> Suspension.
<br /> (f) Submission Fees. As a feature of the Services, Customer may require an application, entry,
<br /> or submission fee which gives End Users the option of paying the fee by credit/debit card upon
<br /> submission through Submittable's built-in payment processing interface. Customer may not solicit
<br /> credit/debit card information from End Users in any way other than utilizing Submittable's built-
<br /> in payment processing interface, including, but not limited to by creating custom form field entries
<br /> requesting credit/debit card or payment instrument information from End Users. Customer will be
<br /> charged Submittable's expenses in processing such fees. Submittable may remove or disable
<br /> Customer from the Services for any violation of this paragraph. Provided Customer is in breach of
<br /> its payment obligations under this TOS, and any End User submits fee through the Services
<br /> intended for Customer, Submittable shall retain such fee as an offset unless and until Customer
<br /> becomes current on its payment obligations.
<br /> (g) Applicant Entries. The Services allow Customer to solicit, collect, and review content
<br /> through End User submissions, applications, or entries. Customer is required to act in good faith
<br /> to uphold Customer's policies and the promises made to End Users in connection with the Services.
<br /> Where applicable, this requires that Customer act in good faith to review submissions; make
<br /> awards; and refund fees where appropriate. Customer may not use the Services or any of its
<br /> features to perpetrate fraud of any kind, including any fraudulent attempt to solicit an application,
<br /> entry, or submission fee. Customer is solely responsible for the performance of Customer's policies
<br /> and promises to End Users. If Customer violates this paragraph, Customer is required to refund
<br /> application, entry, or submission fees to End Users; and Submittable will terminate Customer's
<br /> Services without refund.
<br /> (h) Unethical Behavior. Customer may confidentially report unethical behavior concerning the
<br /> use of the Services or use of the Services not in compliance with this TOS by contacting
<br /> Submittable at: Phone: (855) 467-8264, ext. 2; email: support@submittable.com; mail: P.O. Box
<br /> 8255, Missoula, Montana 59807.
<br /> (i) Transmission and Storage of Data. Customer agrees that the operation of the Services,
<br /> including Customer Data, may involve (i) transmissions over various networks; (ii) changes to
<br /> conform and adapt to technical requirements of connecting networks or devices; and (iii)
<br /> Submittable Customer Terms of Service v1.1 Page 3 of 13
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