Terms & Conditions of Use

 
1. Acceptance of Terms and Conditions of Use
RemindCloud, LLC, its affiliates, subsidiaries, predecessors, and successors-in-interest (“us” or “we”) operate www.remindcloud.com and www.remindcloudapp.com (collectively, the “Sites”). Through the Sites (and subject to the following terms and conditions of use (these “Terms”), including our Privacy Policy (the “Policy”) which is part of and is incorporated into the Terms), you may access our online platform for the creation of business growth strategies. We call this online platform RemindCloud, and it brings together electronic surveys, data analytics and data visualization on one platform to enable businesses to build highly successful growth strategies fast. By using or subscribing to any of the services we provide on the Site, including RemindCloud (collectively, the “Services”), you agree to be bound by these Terms, and all applicable laws and regulations. We may change the Terms at any time by posting revisions to the Sites. Accordingly, we urge you to review the Terms at the start of each visit to the Site.

YOUR CONTINUED USE OF THE SITES AND/OR THE SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SITES AND/OR THE SERVICES.

2. Privacy Policy
The Policy describes how we handle your information when you use the Site. The Policy is part of and is incorporated into these Terms. You may view or print the current version of the Policy here www.remindcloud.com/privacy.html.

3. Use of the Sites and the Services
You agree to use the Sites and the Services in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Sites and/or the Services is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Sites, the Services, our computer systems, or the computer systems of other users of the Sites or the Services. You will not engage in any data mining in connection with the Sites or the Services. We reserve all rights and remedies available to it including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.

4. Content
Through the Sites and/or the Services, we may provide you access to certain tools (such as RemindCloud). You are not otherwise being given a license to such tools. With respect to any other materials provided to you on the Sites or through the Services as to which we are the copyright owner and as to which you have properly gained access, we hereby grant you a limited, revocable license to download and print copies but only in connection with the purposes for which you were granted access to the Site and/or the Services and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices.

All materials not originating with us are provided for your interest and convenience only, and we do not endorse these materials nor the third parties who supply them, nor do we warrant or represent that these materials are current, accurate, complete or reliable.

5. Links to Third Party Sites
The Sites may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to its users, but such links do not (and will not) imply our endorsement of any linked site.

6. Linking to the Sites
We do not object to you linking directly to the information that is hosted on the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Sites from any website that is not owned by you. The Sites must not be framed on any other site. We may withdraw linking permission without notice.

7. User Registration; Your Account
To obtain access to the Services, you must complete a registration. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy.

Once registered, you will have an account with us. You may open subaccounts for individual users who are affiliated with you, and—through your account—you may control which projects each subaccount may access. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account, password or any subaccounts that you create, and such use shall be deemed to be use by you. You will ensure that all use of your account and all associated subaccounts fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited. You are responsible for terminating subaccounts for individual users when such individual users are no longer affiliated with you or in any other circumstance that merits subaccount termination.

8. Subscriptions
Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law. We may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. We may also suspend the Services to you if we are investigating suspected misconduct by you. We have no obligation to retain your content upon termination of the Services

9. Submitted Information
Information submitted to us via the Services or in relation to our provision of the Services to you (including consultation and technical support communications) will be treated as Business Information (as that term is defined in the Privacy Policy).

All other information you submit to us through a form on the Sites, through blogs or public forums we may make available on the Sites, via email, or in any other manner, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you hereby grant to us a limited, revocable license (or sub-license, as the case may be) to use such material (including all associated intellectual property rights) for any purpose, without your consent or any compensation to you or anyone else.

In connection with your use of the Sites and Services, you agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Sites or through the Services. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the Sites and/or Services any material which disrupts the normal operation of the Sites and/or Services, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Sites and/or Services.

You may submit and/or we may gather certain limited information about you and your use of the Sites and Services, and we may use this information in accordance with the Policy

Please remember that anything you post to a public forum is—by definition—public. We are not responsible for the actions any third parties that encounter your publicly posted material may take.

Any data that you submit through the Services (“your data”) remains your property and is owned exclusively by you. You agree, however, that we may use your data to assist you in your use of the Services. Unless otherwise specified by you and agreed to by us in writing, our support and consultation specialists may also access your data to provide you with requested assistance, support and consultation services. You also agree that we may collect and use your data (as long as it is in an anonymous form that does not personally identify you) to better our own products and services, to perform market research, and for other analytical purposes.

10. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SUPPORT, CONSULTATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES, INCLUDING VENNLI AND ANY OTHER TOOLS WE MAY MAKE AVAILABLE (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SITES AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITES AND/OR THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SITES OR DATA OF YOURS OR ABOUT YOU IS SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITES AND SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITES OR BY OUR SUPPORT AND CONSULTATION SPECIALISTS.

11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR INABILITY TO USE THE SITES, SITE CONTENT OR ANY PRODUCTS OR SERVICES (INCLUDING VENNLI), OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, USE OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITES AND/OR SERVICES, AS THE CASE MAY BE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.

12. Indemnification
You agree to defend, indemnify, and hold us and our employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Sites and/or the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. International Use
By choosing to access the Sites and/or Services from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that the Sites and/or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited.

14. Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks are trademarks or service marks owned or used under license by us. The use or misuse of any of these marks or other information is strictly prohibited.

15. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Sites and/or Services shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal court in Indiana. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.

16. Integration and Severability
The Terms constitutes the entire agreement between you and us with respect to the Sites and Services and supersedes all prior or contemporaneous communications and proposals with respect to the Site and Services. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

17. Waiver
Our failure at any time to require performance of any provision of the Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of us. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

18. Termination
We reserve the right, in its sole discretion, to terminate your access to all or part of the Sites and/or Services, with or without notice.