CrowdComfort’s Terms of Service
Published: May 31, 2016
Welcome to CrowdComfort’s Software and Services offerings. These terms of service (“Terms”) cover your use and access to CrowdComfort’s Software, services and websites (collectively the “Services”), provided by CrowdComfort or CrowdComfort partners. By using our Services, you are agreeing to be bound by these Terms. If you are using these Services or Software for an organization, you are agreeing to these Terms on behalf of your organization. If you don’t agree with these Terms, don’t log on, download or otherwise use or install the Services or Software.
Act reasonably and rationally. You are responsible for your conduct and you must comply with our Acceptable Use Policy below. Software and other content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, share or steal content unless you have a right to do so.
Please keep your password safe and make sure others don’t have access to it. Please make sure your account information is current.
We either own or have the rights to the Software we provide. Subject to the End User License Agreement between you and CrowdComfort, we grant you a limited non-exclusive, non-transferable, revocable right to use our Software solely to access the Services. Do not try, attempt to try or assist anyone to reverse engineer, reverse compile, modify, translate or disassemble the Software to derive or seek to derive the source code. Some of our Software may be covered under an open source license, the terms of that license are included in the read me file under about CrowdComfort.
The Services are protected by patent, copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Software or Services, others’ content in the Services, CrowdComfort’s trademarks, logos and other brand features.
TO THE FULLEST EXTENT OF THE LAW, CROWDCOMFORT MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CROWDCOMFORT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” Some disclaimers may not apply to you depending on the laws of your state.
Limitation of Liability
IN NO EVENT WILL CROWDCOMFORT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF CROWDCOMFORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY. CROWDCOMFORT’S TOTAL LIABILITY TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER RELATING TO CROWDCOMFORT’S PROVISION OF SOFTWARE OR SERVICES AS DESCRIBED HERE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHER FORM OF ACTION, SHALL, IN THE AGGREGATE, NOT EXCEED THE TOTAL SUBSCRIPTION AMOUNT PAID BY YOU TO CROWDCOMFORT DURING THE THREE (3) MONTHS PRIOR TO SUCH DAMAGES OCCURRING. CROWDCOMFORT’S (AND ITS THIRD PARTY SUPPLIERS’) MAXIMUM CUMULATIVE LIABILITY HEREUNDER WITH RESPECT TO ANY LICENSED COPY OF THE SOFTWARE OR SERVICES ARISING FROM ANY CAUSES WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LAW, SHALL NOT EXCEED THE CONTRACT PRICE FOR THE SPECIFIC ITEM WHICH GAVE RISE TO SUCH LIABILITY. THE LIMITATION ON CROWDCOMFORT’S AND ITS THIRD PARTY SUPPLIERS’ LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS TO YOU FOR CLAIMS OR DAMAGES UNDER THESE TERMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THE LIMIT.
Amicable resolution: Let’s try to sort out the disagreements. We are rational people. If you have an issue and before you resort to the legal process, let’s try to work it out. Contact us and we will work for a resolution within 15 days of submission. If the dispute is not resolved within 15 days, we both agree to arbitrate to resolve any claims relating to these Terms or the Services through final and binding arbitration. The rules of arbitration will be administered according the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The Arbitration will be held in Boston, Massachusetts. CrowdComfort will not seek its Attorneys’ fees and cost unless the arbitrator determines that your claim is frivolous. One exception to the agreement to arbitrate is that either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (examples include trademark, trade secret, copyright, or patent rights) without engaging in the process above. Finally, you may only resolve disputes with us as an individual and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class action lawsuits or the like, are not allowed.
Controlling law and venue
In the event this has to go to court, you agree that any judicial proceeding will be brought in the federal or state courts of Suffolk County, Massachusetts. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
You may not assign these Terms without our prior written consent. CrowdComfort shall have the right to assign these Terms without prior written permission in the event such assignment is due to a corporate reorganization, or merger, or the transfer of all or substantially all of CrowdComfort’s assets to a successor. Neither party shall be liable for failure to fulfill its obligations under these Terms due to causes beyond its reasonable control, except that payments due CrowdComfort are not subject to this provision. If any provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected. We may revise these Terms from time to time and will always post the most current version on our website. We will let you know when we update these Terms. By continuing to use and access the Services, after 30 days of notice of new Terms, you agree to be bound by the revised Terms. Any notice furnished hereunder shall be in writing to the attention of its Chief Operating Officer. Without intending to exclude other provisions of these Terms that by their nature survive termination hereof, any provision relative to confidentiality, ownership, limit of liability, indemnity and restriction of use or resale shall survive termination hereof.
We respect the intellectual property of others and ask that you do too. We reserve the right to delete or disable content alleged to be infringing and terminate the accounts of those repeat infringers. Any notice of Intellectual Property infringement should be directed to: General Counsel, CrowdComfort, Inc., 1 Gusset Road, Wenham, MA 01984
End User Accounts
Billing: You will be billed when you first access any of the Services. Initially and annually thereafter, you will be billed for the basic subscription and any other additional modules. You are responsible for all applicable taxes and we will charge taxes if we are required to do so.
No Refunds: You may cancel or terminate your CrowdComfort account at any time but you won’t be issued a refund unless it is legally required. You may downgrade your subscription or modules on the anniversary date of your subscription.
Pricing: We reserve the right to change prices but we will notify you in advance and pricing will not take effect until your next anniversary date. Annual price increases for any specific module will not increase more than 5% annually.
We have the right to review your conduct and content for compliance with these Terms, but we have no obligation to do so. We may suspend or terminate your use of the Service if you are not complying with these Terms at any time at our discretion and without notice.
CrowdComfort’s Acceptable Use Policy
In relation to the above, we trust you will use the Services responsibly and without malice. You agree not to misuse the CrowdComfort Services or help anyone else to do so. You must not try or even attempt to try to do any of the following with respect to using the Services:
- Distribute destructive programs (i.e., viruses, malware and/or self-replicating code);
- Scan, Probe or test the vulnerability of any system, software, or network;
- Intentionally damage or interfere with others (for example, hacking and distributing viruses);
- Disrupt any user, host or network, or interfere with the same by way of overloading, flooding, spamming or mail-bombing any part of the Services;
- Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to or paid for;
- Disseminate or print copyrighted materials (including articles and software) in violation of copyright laws;
- Send, receive, print or otherwise disseminate proprietary data, trade secrets or other confidential information of CrowdComfort in violation of company policy or proprietary agreements;
- Create, send, distribute any offensive or harassing statements or language including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs;
- Make, publish or distribute ANY unlawfully pornographic or indecent or obscene files;
- Violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading;
- Sell the Services without a separate agreement with CrowdComfort;
- Violate the privacy or infringe on the rights of others; or
- Engage in any other activity in violation of the law.