Terms of Use

Convokesystems.com (the “Site”) is a copyrighted work belonging to Convoke, Inc. (“Company”).  Company grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below.  PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE COMPANY SERVICE OR PRODUCT, YOU WILL ALSO BE SUBJECT TO THE GUIDELINES, TERMS AND AGREEMENTS (“TERMS”) APPLICABLE TO SUCH SERVICE OR PRODUCT.  IF THE TERMS OF USE ARE INCONSISTENT WITH SUCH TERMS, THE TERMS SHALL CONTROL.

1. Privacy.  Please review our Privacy Policy here, which also governs your visit to this Site, to understand our practices.

2. ACCESS.  The Site is not available for use by persons under the age of 18 years.  The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.  Company may restrict your access to the Site during times you are in a country other than the United States.  You are responsible for compliance with all local laws.  To access our Site, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees.  From time to time, due to the performance of maintenance, malfunctions, or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Site may not be available for your use, although we attempt to minimize the periods of time during which the Site is unavailable. You agree that we are not responsible for any unavailability of the Site or your inability to access the Site caused directly or indirectly, in whole or in part, by your computing device, your inability to establish a connection to the Internet, your Internet Service Provider, or capacity or other limitations or constraints of the Internet.  Company may at any time, with or without cause, and without prior notice to you deny you access to the Site.  To protect the security of your information, Company may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this Site.  You are responsible for protecting any user name or password that you establish to access the Site, and we are not responsible for any unauthorized access to the Site if you share your user name or password with any third parties.    

3. License.  Company owns and operates the Site.  The documents and other information and content available on the Site (the “Site Content”) are protected by copyright laws throughout the world.  The compilation of the Site Content on this Site is the exclusive property of Company and its licensors or suppliers and is protected by U.S. and international copyright laws.  Company grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Company.  This license does not include any resale or commercial use of this Site or the Site Content; any derivative use of this Site or the Site Content; any downloading or copying of account information; any decompiling, reverse engineering, or disassembling the Site Content except as may be permitted by applicable law; unduly burdening or hindering the operation and/or functionality of any aspect of the Site; attempting to gain unauthorized access to or impair any aspect of the Site or its related systems or networks; any conduct that is unlawful, fraudulent, deceptive, gives rise to civil liability, harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party; any use of data mining, robots or similar data gathering and extraction tools; or any other use that violates this Terms of Use or that we deem to be inappropriate, in our sole discretion.  Unless otherwise specified by Company in a separate license, your right to use any Site Content or other materials that you access or download through the Site is subject to these Terms of Use.  All copyright and other proprietary notices on any Site Content must be retained on any copies.  Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent.  You may not use any metatags or other “hidden text” using Company’s name or trademarks without the express written consent of Company.  Company and its suppliers reserve all rights not granted in these Terms of Use. Any unauthorized use terminates the permission or license granted by Company pursuant to these Terms of Use.

4. Trademarks.  All related graphics, logos, service marks, and trade names used on the Site are the trademarks of Company and may not be used without permission in connection with any third party products or services.  Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

5. Modification.  Company reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice.  You agree that Company will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

6. Feedback.  Company will treat any feedback or suggestions you provide to Company as non-confidential and non-proprietary.  Thus, in the absence of a written agreement with Company to the contrary, you agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. 

7. Communications.  When you visit the Site or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You also agree that by submitting your contact information and any other personal information through the Site, you hereby authorize Company to use and disclose this information, including for the purpose of sending periodic mailings to you about Company products, services and news.   These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).

8. Third Party Links.  The Site may contain links to other web sites operated by third parties.  Such third party web sites are not under the control of Company.  Company is not responsible for the content of any third party web site or any link to a third party web site.  Company provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

9. Warranty Disclaimer.  Company IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK.  Company DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT.  Company DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. Limitation of Liability.  IN NO EVENT SHALL Company BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.  COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB.  COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. INDEMNIFICATION.  You agree to indemnify and hold Company harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by Company in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without Company’s written consent.

12. Amendment.  Company may, at any time, revise these Terms of Use by updating this posting.  By continuing to use this Site after such updates are posted, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

13. General Provisions. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  No failure, omission, or delay by Company to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.  These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Delaware, without giving effect to any conflicts of laws principles that require the application of the law of a different state.  By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Company’s principal place of business is located for any lawsuit filed there against you by Company arising from or related to these Terms of Use. 

If you have any questions about the foregoing, please contact us at the following e-mail address:  support@convokesystems.com.

Effective Date:  July 31, 2019