Support Services Terms of Use

Last Modified: May 2nd, 2018

1. Acceptance of the Terms of Use

Welcome to the Support Services portal of Crowd Computing Systems, Inc., a Delaware corporation doing business as Workfusion (hereinafter referred to as "Workfusion", "we" or "us"). These Workfusion Support Services terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), set forth the terms governing the provision, access and use of Workfusion’s support services (the “Support Services”) by authorized users of Workfusion computer programs (including any new versions, updates or upgrades thereto, the “Software”) on or through (a), (b) and/or (c) (collectively, the "Website"), whether as a guest or a registered user.

By agreeing to these support services terms you represent and warrant to Workfusion that your employer has authorized you (a) to access and use the website and (b) to post, submit, provide, transmit and otherwise disclose any information and documents you may disclose to Workfusion on, through or in connection with the website. If you do not have such authority, or if you do not agree with these terms and conditions, you must not access this website.

Please read the Terms of Use carefully before using this Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use (or are not authorized to do so), you must not access or use the Website.

2. 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 Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are required to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

   (a) Making all arrangements necessary for you to have access to the Website.

   (b) Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any unauthorized person. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, 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 have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Workfusion, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

5. Your Obligations

You agree to receive communications from Workfusion via e-mail, telephone, web, and other formats, regarding Support Services. You shall cooperate to enable Workfusion to deliver the Support Services. You are solely responsible for the use of the Software by your personnel and shall properly train your personnel in the use and application of the Software. You are solely responsible for protecting and backing up the data and information stored on the computers on which the Software is used and should confirm that such data and information is protected and backed up in accordance with any internal or regulatory requirements as applicable, before contacting Workfusion for Support Services. Workfusion is not responsible for lost data or information in the event of errors or other malfunction of the Software or computers on which the Software is used.

6. Data Collection

You agree that Workfusion may collect, use, store and transmit technical and related information about you, and your use of the Software including but not limited to server internet protocol address, hardware identification, operating system, application software, peripheral hardware, and Software usage statistics, to facilitate the provisioning of updates, support, online services to you.

7. Data Protection & Usage

You acknowledge and agree that any correspondence, log files and any other documents or information prepared, generated or compiled by you in connection with a request for Support Services and disclosed to Workfusion on or through the Website or otherwise in connection therewith may contain your and/or a third party’s(ies’) sensitive, confidential, personal or personal health information. You acknowledge and agree that prior to using the Support Services on through the Website you are solely responsible for taking the steps required to protect any data containing your and/or a third party’s(ies’) sensitive, confidential, personal or personal health information, including obscuring the logs, anonymizing such information or otherwise guarding such information prior to sending it to Workfusion. If you do not take such steps, you represent and warrant to Workfusion (a) that your employer has authorized you to post your and/or such third party’s(ies’) sensitive, confidential, personal or personal health information on the Website without obscuring the logs, anonymizing such information or otherwise guarding such information prior to sending it to Workfusion, and (b) your employer has authorized Workfusion to host and use such sensitive, confidential, personal or personal health information in connection with the Support Services.

8. Compliance with Applicable Laws; Export Control Laws

Your access to the Website is governed by all applicable federal, state and local laws. You may not access, download, use or export any content made available by Workfusion on the Website in violation of any country’s export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Workfusion in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, approvals for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your use of the Website outside the U.S. Neither any content made available by Workfusion on the Website nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

9. User Contributions

The website, (the “Forum Website”), may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Forum Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Forum Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Forum Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

   (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

   (b) All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Workfusion, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Forum Website.

10. Monitoring and Enforcement; Termination

We have the right to:

   (a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

   (b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Forum Website or the public or could create liability for Workfusion.

   (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

   (d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

   (e) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. You waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either Workfusion or law enforcement authorities.

However, we do not undertake to review material before it is posted on the Forum Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

11. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

   (a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

   (b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

   (c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

   (d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

   (e) Be likely to deceive any person.

   (f) Promote any illegal activity, or advocate, promote or assist any unlawful act.

   (g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

   (h) mpersonate any person, or misrepresent your identity or affiliation with any person or organization.

   (i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

   (j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

12. Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of Workfusion to terminate the user accounts of repeat infringers.

13. Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and 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 Workfusion, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Workfusion. 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.

14. Disclaimers; Limitation of Liability

Workfusion provides the website and support services to you on an “as-is” basis. You expressly understand and agree that:

Workfusion hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Workfusion makes no warranty that (a) the support services will meet your requirements, (b) the support services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the support services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (e) any errors in the service will be corrected.

No advice or information, whether oral or written, obtained by you from Workfusion or through or from the support service shall create any warranty not expressly stated in this agreement.

In no event will Workfusion be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, exemplary, incidental, or consequential damages however caused and arising under any theory of liability, whether based in contract, tort (including negligence), product liability, or otherwise. The foregoing limitations shall apply regardless of whether Workfusion has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.

15. Indemnification

You agree to defend, indemnify and hold harmless Workfusion, 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 Website.

16. Governing Law and Jurisdiction

All matters relating to the Website 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 Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County 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.

17. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

18. Waiver and Severability

No waiver of by Workfusion 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 Workfusion 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.

19. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Workfusion with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

20. Termination

Workfusion may terminate all Support Services and your access to the Website at any time if (a) it is discovered that you are currently in breach of your Software license restrictions pursuant to the agreement governing your license or subscription to the Software, or (b) you are in material breach of these Terms of Use.

21. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.