These Terms of Use are entered into by and between you and Collective OS, Inc. (“Collective”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of any content, functionality, and services offered on or through [https://www.joincollectiveos.com/ (the “Website”) as a registered user (collectively, “Service” or “Application”).
By accessing this Service or using any part of the Service or any content or Services hereof, you agree to be bound by these Terms of Use and our Privacy Policy, found at http://www.joincollectiveos.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service. These Terms are a legally binding agreement.
By using this Service, you represent and warrant that you are capable of form a binding contract with Collective on behalf of your organization and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter.
Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check our website periodically, so you are aware of any changes, as they are binding on you.
Registration
As a condition of becoming a User (as defined below) of this Service, including the use of its tools, applications, and services, you are required to register with the Service and provide a password and username. You must complete the full registration process and shall provide the Service with accurate, complete, and updated registration information.
User is defined as the organization on whose behalf you, an authorized representative of the organization or entity, create the account. User Account is defined as any information related to the organization, its employees, and all content the organization creates or posts on the site. User Profile includes an organization’s name, details, employee information, and profile photo.
You, as the authorized representative of the organization or entity, are entirely responsible for maintaining the confidentiality of your password.
Only authorized users who have been assigned seats under the User’s subscription are entitled to access the services. Access is limited to the number of seats allotted under the User’s subscription plan, and you agree not to exceed the authorized number of users. You shall ensure that each seat is assigned to a unique individual and that seats are not shared among multiple users. Account sharing, including sharing of usernames, passwords, or other access credentials, is strictly prohibited. Any attempt to circumvent these restrictions, such as by sharing login credentials or creating multiple User Accounts without authorization, may result in the suspension or termination of the account.
You agree not to access or use the information of any other organization’s User Account, User Profile, username, or password of another User at any time. You agree to notify us immediately if you suspect any unauthorized use of your organization’s User Account or User Profile or access to your password. You are solely responsible for any and all use of your User Account and User Profile. Any information provided by your organization or gathered by the Service or third parties during any visit to the Service shall be subject to the terms of our Privacy Policy.
In addition, you may not register for more than one User Account for the same organization or register additional User Accounts on behalf of another organization, group, or entity. Furthermore, you may not use or attempt to use another’s User Account without authorization from us or create a false identity on our Services. You are responsible for anything that happens through your account unless you close it or report misuse.
We reserve the right to monitor compliance with these terms and to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or your organization have violated any provision of these Terms of Use.
Use of Your Content
Collective provides the option to have information on the Service to be designated either Public Content or Private Content (collectively “User Content”). The User Account holder will be able to designate the scope of their User Content in their settings as they see fit.
Public Content refers to information that you submit or post to or through the Service and/or service for public display, such as photos, comments, reviews, and your public profile information.
Private Content refers to information that you submit or post to or through the Service that is not intended to be displayed to the public. Private Content will only be viewable to the User Account and employees therein.
By submitting User Content through the Service, you hereby do and shall grant Collective a worldwide, exclusive, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, and prepare derivative works of the content in connection with the Service. Furthermore, submitting Public Content through the service grants Collective the additional right to publicly display, perform, and otherwise fully exploit the content in connection with the Service, and Collective (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds).
Collective reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Service:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate Collective, a Collective employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Collective or users of the Application, or expose them to liability.
Additionally, you agree not to:
· Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
· Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Application.
· Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Application.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
· Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Application.
Payments
Fees. Your User Account may select to subscribe to our paid services (“Premium Services”). Unless otherwise specified, Premium Services are provided on an ongoing, per license subscription-basis, including automatically recurring payments for periodic charges, according to the terms and conditions of the subscription. You agree to pay to Collective the fees for the Premium Services (“Subscription Fees”).
Payment of Fees. Unless otherwise specified, all Subscription Fees will be paid monthly in advance (though overage fees, if any, may be charged in arrears), and all references to currency set forth herein will mean U.S. dollars, with all payments hereunder to be made in U.S. dollars. Subscription Fees are non-refundable and non-creditable. If the payment method selected is credit card, ACH, or direct debit, you acknowledge and authorizes Collective to charge Subscription Fees and other amounts automatically, on an auto-renew basis, based on your subscription start date for each subsequent subscription term. For the avoidance of doubt, all additional Subscription Fees for additional Services accessed by you will be billed when the Service is first accessed and automatically, on an auto-renew basis, based on your existing subscription start date. Collective may from time to time provide notice regarding any renewal term(s) and the auto-renew processes. Premium Services will continue unless and until you or Collective terminate your subscription. You must cancel your Premium Services before they renew in order to avoid billing the next periodic Subscription Fees to your account. If you elect to pay by credit card, then you are responsible for both (a) enabling auto-recharge on your account and (b) ensuring that your account has a sufficient positive balance to cover all Subscription Fees when due. Should Collective be unable to process/receive the Subscription Fees when due and owing, payment shall be considered overdue. Additionally, after payment becomes overdue, Collective will have the right to immediately suspend your access to the Premium Services and/or seek to enforce your payment obligations, including through the use of third-party services. If Collective sends your account for collection and/or initiates legal action to collect overdue amounts, Collective may seek to recover all costs and expenses of such action, including reasonable legal or attorney’s fees, court costs, and expenses.
Fee Increase. Collective reserves the right to determine the applicable Subscription Fees. Collective will make reasonable efforts to keep the information relating to Subscription Fees published on its Website up to date, you should check the Website periodically for information about current Subscription Fees. Additionally, Collective may adjust the Subscription Fees as it deems appropriate. Collective may also, from time to time and in its sole discretion, make promotional offers or different Subscription Fees available to its clients or other users. Such promotional offers will not apply to you or this Agreement unless specified in writing.
Trademarks
Collective’s name, the Collective logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Collective or its affiliates or licensors. You must not use such marks without the prior written permission of Collective. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact us at [email protected]. It is the policy of Collective to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by other users, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Collective, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Collective. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COLLECTIVE NOR ANY PERSON ASSOCIATED WITH COLLECTIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER COLLECTIVE NOR ANYONE ASSOCIATED WITH COLLECTIVE REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COLLECTIVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COLLECTIVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY CONTENT ON THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Collective, its affiliates, licensors 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) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application.
Governing Law and Jurisdiction
All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Collective’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Waiver and Severability
No waiver of by Collective of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Collective to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Collective OS, Inc. with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.
Your Comments and Concerns
This Application is operated by Collective OS, {402 Pine Bark Lane, Hendersonville, NC 28739}.
All notices of copyright infringement claims should be sent to the copyright agent at [email protected].
All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: [email protected]
