CUCOLLABORATE CONSUMER TERMS OF SERVICE


 

CU Collaborate LLC and its related sites or software products (“Service” or “Site” or “CUCollaborate”) are provided to all users (“Consumer” or “Consumers”) subject to these Terms of Service (“Terms”). Any use of the Service bounds a Consumer to these Terms. If a Consumer objects to any portion of these Terms, a Consumer must immediately discontinue the use of the Site. CUCollaborate reserves the right to enforce these terms via any available lawful means, including but not limited to, civil litigation and referral to applicable authorities for criminal prosecution.

 

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CUCOLLABORATE. ALL CONSUMERS OF CUCOLLABORATE SHOULD CAREFULLY REVIEW THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LEGAL RIGHTS AND RESPONSIBILITES.

 

These Terms may be supplemented by additional legal policies or procedures, which are hereby incorporated by reference. In circumstances where there are conflicts between these Terms and the additional policies above, these Terms shall be deemed superior to the terms of any other policy.

 

Definitions

 

  1. “Content” is information, materials and other content, including, but not limited to, video, sounds, images, text, data and designs.

  2. “Consumer” refers to any Internet visitor or user of CUCollaborate, namely a person that seeks to use and engage with CUCollaborate Content.

 

Registration, Consumer Data and Consumer Accounts

 

  1. CUCollaborate Registration Eligibility. By using the Service or the Site, you represent and warrant that you are thirteen years of age or (13) or older, and that you agree to abide by these Terms. By registering with the Site, a Consumer affirms that the Consumer’s registration is in compliance with all laws, rules and regulations applicable to the Consumer. CUCollaborate reserves the right to prevent or cancel a Consumer’s registration for any reason. Membership on CUCollaborate is void where prohibited by law.

  2. Consumer Account Registration Data. Any information provided to the Site by Consumers must be accurate, current and complete. False identities, screen names, or impersonation of third parties is forbidden. Consumers shall update information promptly. Consumers agree to maintain the security of their respective usernames, passwords, and other personally identifiable information on the site. Consumers are responsible for any activities and actions undertaken via the Consumer’s account on the site.

  3. Consumer Account Registration Verification. CUCollaborate may, in its sole discretion, require additional verification of a Consumer’s identity or other background information for a Consumer to continue accessing the Site. Upon request, a Consumer shall provide CUCollaborate with additional information that may be requested.

  4. Consumer Account Responsibility and Security. The owner of a Consumer Account is solely responsible for all activities occurring on the Site under the applicable Consumer Account.

    1. Consumer agrees to maintain the confidentiality of the applicable Consumer account and password.

    2. Consumer is responsible for all activities that occur under the applicable Consumer account, including, but not limited to, any third party use of an applicable Consumer Account.

    3. Consumer will not permit any unauthorized third party from accessing the site via the Consumer’s account.

    4. Consumer agrees that CUCollaborate is not responsible for Consumer loss that may occur as a result of any unauthorized use of a Consumer account or password.

    5. Consumer shall not employ the Site for any purpose that is unlawful, fraudulent or contrary to these Terms.

    6. Consumer agrees to cooperate with any CUCollaborate investigation into fraudulent or unlawful activity.

    7. Consumer agrees not to create obscene, defamatory or hateful Consumer names.

  5. Consumer Account Suspension, Cancellation and Termination. CUCollaborate reserves the right, in its sole discretion, to suspend or terminate the account of any Consumer for any reason. The Site may similarly prohibit a Consumer from accessing the Site or any portion of the Service at its sole discretion. CUCollaborate reserves the right to cancel or disable accounts dormant for a period in excess of 12 months.

  6. Consumer Acceptance of Privacy Policy. CUCollaborate maintains a separate Privacy Policy applicable to the Service, incorporated by reference, which explains the Site’s collection and use of information gathered on the Site. Personally-identifiable information that you submit to CUCollaborate for purposes of receiving products or services will be handled in accordance with the CUCollaborate Privacy Policy or other applicable provisions. Any Consumer accessing the Site acknowledges and agrees to the CUCollaborate Privacy Policy.

 

Content and Intellectual Property

 

  1. Site Ownership. The Service and Site are owned by CUCollaborate or its corporate parents. Most aspects of the Service and Site, including, but not limited to, all methods, processes, content, formats, domain names, and extensions are the exclusive property of CUCollaborate. Other rights, including, but not limited to, all inventions, trade secrets, patents, pending patents, copyrights, trademarks and other intellectual property rights are the exclusive property of CUCollaborate. CUCollaborate does not confer any rights to any Consumer, either expressly or by implication, except as otherwise provided herein.

  2. Consumer Content Ownership. Content provided by Consumers for use or display on the Service shall continue to be owned by the applicable Consumer or any other applicable third party rights holder. However, Consumers understand and agree that CUCollaborate shall have an absolute license and right to use, copy, distribute, or otherwise display, in perpetuity, Consumer provided Content on CUCollaborate, as well as third-party sites with whom CUCollaborate may have agreements.

  3. Prohibition on Infringement. No Consumer shall use the Site to infringe upon any copy written works, trademarks, trade secrets, patents, or other intellectual property rights of any third party.

  4. Consumer Communications. Consumers acknowledge that communications with CUCollaborate, including, but not limited to, comments, suggestions, questions, and other information or communications about the Service are not confidential. Such communications shall become the property of CUCollaborate. In sending the Site any information or material, you grant CUCollaborate an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such materials or information without Consumer compensation or acknowledgment.

  5. Limited License to Access Content. The Content appearing on CUCollaborate may be subject to copyright protection. Applicable copyrights are the proprietary property of CUCollaborate, its Consumers, its licensors, or other third parties with all rights reserved.

    1. Content on CUCollaborate may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used for the creation of derivative works without the express written consent of CUCollaborate.

    2. Consumers are granted a non-exclusive, non-transferable, limited permission to access and display the Content appearing on CUCollaborate on the Consumer’s client for purposes of personal, non-commercial use of the Service subject to these Terms. Consumers must retain all copyright, trademarks, patent and other intellectual property notices contained in content.

    3. Some Content appearing on CUCollaborate, including, but not limited to, third party content, software and related resources, may be subject to their own terms, conditions, licenses and notices. Such Content shall be governed by their own terms and conditions as may or may not be provided.

    4. All licenses provided to Consumers by CUCollaborate are subject to revocation by the Service at any time without notice and with or without cause. Any use of the Service other than specifically provided in these Terms or as expressly granted by CUCollaborate is strictly prohibited and shall immediately terminate without notice any license granted by these Terms.

  6. Trademarks, Service Marks and Other Intellectual Property. Content appearing on CUCollaborate may contain trademarks, service marks, trade names and trade dress owned by CUCollaborate. These marks and names are subject to applicable trademark laws in the United States and internationally, and may not be used in connection with any service or product that is likely to violate applicable trademark laws unless such use is expressly granted by CUCollaborate. Unless explicitly stated, nothing in these Terms shall be construed as a grant of intellectual property rights under any legal theory.

  7. Third Party Content and Services. The Content available via the Service may include access to third party sites, services and content provided by other Consumers that is completely independent of CUCollaborate.

    1. These third party resources may include, but are not limited to, third party web sites, software, products, services, networks and similar resources.

    2. Inclusion of third party resources on CUCollaborate does not imply endorsement or approval of any particular resource. CUCollaborate does not investigate, review, monitor or otherwise regulate third party resources that may appear on the Site, and the Service does not warrant the accuracy, completeness or appropriateness of third party resources appearing on the Site. Any Consumer choosing to interact with a third party resource appearing on CUCollaborate is subject to the terms and conditions of that particular third party resource.

    3. Consumers access third party resources found on the Site at their own risk. CUCollaborate urges Consumers to review the applicable terms and policies, including privacy and data gathering practices, of any third party resource accessed from CUCollaborate. All Consumers agree that CUCollaborate shall not be responsible for any loss or damage of any sort incurred as the result of any dealings or transactions between Consumers or between a Consumer and a third party.

  8. Linking to the Site. CUCollaborate generally licenses third parties to provide links to the Site.

    1. Links to the Site must not alter the visual appearance or content of the Site, misrepresent a relationship with CUCollaborate, imply that the link is an endorsement or approval of the linking site or its related products and services by CUCollaborate, present false information about CUCollaborate or otherwise damage the reputation and goodwill of CUCollaborate.

    2. All links to CUCollaborate are subject to the Site’s continuing permission to maintain such links. CUCollaborate reserves the right to terminate permission to link to the Site at any time and third parties that link to the Site are obligated to immediately remove all links to the Site upon the request of CUCollaborate.

  9. Claims of Copyright Infringement. CUCollaborate prohibits copyright infringement on its Site. Pursuant to the Digital Millennium Copyright Act (“DMCA”), CUCollaborate provides the following contact information for receipt of infringement notices: Legal Counsel, support@cucollaborate.com, 1729 D Street SE Washington DC 20003.

    1. Any notice of claimed infringement must be a written communication that includes the following under 17 U.S.C. §512(c)(3):

      1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

      5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    2. Upon receipt of a notice of claimed infringement, CUCollaborate will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the claim. Subsequent proceedings after initial notification are governed by the DMCA. Pursuant to the DMCA and other applicable law, CUCollaborate reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.

  10. Claims of Trademark Infringement. CUCollaborate prohibits trademark infringement on its Site. CUCollaborate provides the following contact information for receipt of infringement notices: Legal Counsel, support@cucollaborate.com, 1729 D Street SE Washington DC 20003.

    1. Any notice of claimed infringement must be a written communication that includes the following:

      1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      2. Identification of the trademark claimed to have been infringed, complete with registration number and issuing government authority.

      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

    2. Upon receipt of a notice of claimed infringement, CUCollaborate will investigate the claim. CUCollaborate reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.

 

Site and Service

 

  1. Limitations of Service. CUCollaborate acts solely as a technological intermediary between Consumers, pursuant to 47 U.S.C. § 230. CUCollaborate does not produce, provide or control Consumer Content. CUCollaborate does not evaluate or control information shared between Consumers. CUCollaborate maintains no editorial or other control concerning Content provided by Consumers.

  2. Independent Consumers. CUCollaborate does not evaluate, provide, produce or control information or exchanges between Consumers, in any manner.

    1. CUCollaborate does not verify, guarantee or make any representations regarding the identity of any Consumer.

    2. CUCollaborate does not make editorial or managerial decisions concerning Consumer content, and assumes no responsibility for any Consumer’s compliance with laws or regulations concerning the content of listings or profiles.

    3. CUCollaborate does not control and is not responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by any Consumer.

    4. Consumer information found on the Site does not imply that CUCollaborate endorses, recommends, verifies or evaluates any Consumer. No content on the Site shall be considered a referral, endorsement, recommendation or guarantee of any Consumer.

  3. Compliance with Terms. CUCollaborate reserves the right to monitor any communications between Consumers for the purposes of enforcing compliance with these Terms.

Consumer’s Consumption of Services on the Site

 

  1. Service Restrictions. Consumer agrees to the following restrictions as a condition of employing the Service.

    1. No Consumer shall attempt to circumvent the Site or its communications process by any means.

    2. No Consumer shall engage in any activity that would be considered harassing to any other Consumer.

    3. No Consumer shall make any effort to obtain unauthorized access to any portion of the Site that is not intended for the Consumer.

    4. No Consumer shall make any communication to other Consumers related to any third-party economic interest, including, but not limited to, promotions of other websites, businesses or interests.

    5. Members who initiate and receive services via CUCollaborate do so entirely at their own risk.

 

Disclaimer of Warranties and Limitation of Liability

 

  1. Disclaimers. CUCollaborate attempts to ensure accuracy of information on the Service, but cannot guarantee that any content is entirely correct, current or complete. The Site may contain technical inaccuracies or typographical errors. The Site may occasionally be temporarily unavailable for maintenance and related reasons. USE OF THIS SITE IS AT A USER’S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CUCOLLABORATE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CUCOLLABORATE MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ACCESSING CUCOLLABORATE IS AT THE USER’S OWN RISK AND DISCRETION AND THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  2. Limitation of Liability. IN NO EVENT WILL CUCOLLABORATE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE, BUT IN NO CASE WILL THE SITE’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CUCOLLABORATE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CUCOLLABORATE, REGARDLESS OF THE CAUSE OF ACTION.

  3. Indemnity. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY CUCOLLABORATE, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF OPERATOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.

 

Additional Terms

 

  1. Notices. Any notice or other communication regarding these Terms shall be written. Notices sent to CUCollaborate shall be sent to 1729 D Street SE, Washington, DC 20003.

  2. Governing Law. This Site has been designed to comply with United States law. CUCollaborate does not guarantee that the Content of the Site is appropriate for jurisdictions outside the United States. All Consumers agree that by visiting or using the Site the laws of the District of Columbia, without regard to principles of conflict of laws, will govern these Terms.

  3. Dispute Resolution, Arbitration. Any dispute shall be subject to mediation conducted by the American Arbitration Association (AAA) with a mediator that shall be mutually selected, or if agreement cannot be reached, with a mediator assigned by the AAA. If the dispute is not resolved within 90 days after it is referred to a mediator, the matter shall be referred to binding arbitration. Costs of the mediation shall be borne equally by the parties.

    1. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by the AAA with an arbitrator that shall be mutually selected, or if agreement cannot be reached, with an arbitrator assigned by the AAA. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. The arbitrator shall allocate costs of the arbitration, including applicable attorney fees.

  4. Assignment. Except as expressly provided herein, no Consumer shall have any right or ability to assign, transfer, or sublicense any obligations or benefit under these Terms without the written consent of CUCollaborate.

  5. Severability. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.

  6. Modifications. CUCollaborate retains the right to modify these Terms at any time, and changes shall become effective immediately upon publication. While CUCollaborate may notify Consumers of changes, the Consumer is obligated to review these Terms on a regular basis.

  7. Entire Agreement. These Terms, including additional policies incorporated by reference, constitute the entire agreement between CUCollaborate and a Consumer.

  8. Waiver. CUCollaborate’s failure to act with respect to a breach of these terms by a Consumer does not waive the Site’s right to act with respect to subsequent or similar breaches.