MEETINGPULSE TERMS OF SERVICE

Please Read Carefully Before Using Meeting Pulse (meetingpulse.net, meet.ps) Websites and Services: The following terms and conditions (“Terms of Service”) govern your use of the MeetingPulse website accessible at meetingpulse.net or meet.ps (the “Site”) and services accessed through the Site (collectively, the “Service”) operated by provided by InMoment Software, Inc  (“InMoment”, “we” or “us”). By accessing and using the Service and/or any information, content or materials made available on the Service, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Service.

You should check these Terms of Service and this Site periodically for modifications. InMoment may modify the Site and/or the Terms of Service from time to time without notice to you. If InMoment makes material changes to the Terms of Service we will post the revised Terms of Service and the revised effective date on this Site. Any continued use by you of the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Service.

Effective: September 1, 2016

  1. USE OF THE SERVICE

(a) Registered Users: In order to gain access to some parts of the Service, you are required to register for an account that is accessed by a username and password (“Account”). In registering for your Account, you agree (i) that the information you provide to InMoment in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that InMoment reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use your Account to any third party without the prior written consent of InMoment and (iv) not to permit any third party to use your user name and password to access your Account or the Service. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Service related to the use of your user name and/or password.

(b) Grant of Rights: Upon registration and subject to the payment of any applicable fees, InMoment grants you the limited, revocable, non-transferable, non-exclusive right to access and use the Service, under the condition that such activity is solely for your internal purposes, except as may expressly agreed to in writing by InMoment.

(c) Privacy Policy: In the course of your use of the Site or the Service, you may be asked to provide certain information to us. InMoment’s use of any information you provide shall be governed by these Terms of Service and our Privacy Policy available at http://www.meetingpulse.net/privacy-policy. We urge you to read our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service by this reference as though fully set forth herein.

(d) Use of the Site and Service by Persons Under 13 Years of Age: InMoment is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information on the Site or Service from persons under 13 years of age, except in compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Accordingly, children under the age of 13 may only use the Site or the Service with the permission and supervision of their parents. Additionally, teachers and schools seeking to use the Site or Service in the classroom with children under 13 years of age, are required to obtain the express consent of such children’s parents in compliance with COPPA, prior to permitting such children to access or use the Site or Service.

(e) Submission of User Content: In connection with your use of the Service, you agree not to submit any content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation. You represent and warrant that you own or have the necessary rights in and to any and all content that you upload or post to the Site or Service. You hereby grant to InMoment a non-exclusive, royalty-free license to use, store, reproduce and display any content you post on the Site or Service, solely as reasonably necessary to operate the Site or the Service, and subject to the terms of this Agreement, including our Privacy Policy. InMoment has the right to use the posted content for research and analysis, as well as for the purpose of marketing and advertising its services; provided, however, that for any such purpose the content will be anonymized and stripped of any all references to any specific projects, companies, names of individuals and terms.

(f) Proprietary Rights. The Site and Service, including all of the contents, such as text, images, audio, and the HTML used to generate the pages (collectively, “Content”), are the property of InMoment or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Notwithstanding the foregoing, you retain ownership of any information or content that you upload to the Site and/or the Service, and may use in perpetuity any reports or other materials provided to you as part of the Service. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of InMoment. Except as otherwise provided herein, use of the Site or Service does not grant you a license to any Content, features or materials you may access on the Site or through the Service. As between you and InMoment, (or other company whose marks appear on the Site), InMoment (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. In particular, the InMoment and MeetingPulse logos and service names are trademarks of InMoment (the “MeetingPulse Marks”). Without InMoment’s prior permission, you agree not to display or use the MeetingPulse Marks in any manner. Nothing on the Site or in the Service should be construed to grant any license or right to use any MeetingPulse Mark without the prior written consent of InMoment. MeetingPulse Marks may be registered in the United States and internationally.

(g) Prohibited Conduct: InMoment specifically prohibits any use of the Site or Service, for: (i) posting any (1) information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (3) material that infringes on any other intellectual property, privacy or publicity right of another; (ii) impersonating another person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (iv) transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site, Service or InMoment’s system or network security, including, without limitation, the following: (w) accessing data not intended for users of the Site or Services, or gaining unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (y) attempting to interfere with the function of the Site, Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (z) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You may not deploy to the Site or Service any robot, spider, site search/retrieval application, or other application designed to retrieve, index or “data mine,” information from the Site or Service. You agree at all times to use the Site and the Service in compliance with applicable law and these Terms and Conditions.

(h) Prohibited Use: Subscriber represents and warrants that neither Subscriber and nor any Authorized User shall use the Services (including without limitation by asking for such information in a poll created using the Services) to collect from Meeting Participants any of the following information: (i) social security number; (ii) driver’s license number, State identification card number or passport number; (iii) financial account number; (iv) credit, debit or other payment card number; (v)security code or password; (vi) medical information; or (vii) health insurance information. If Subscriber collects such information, Subscriber does so at its own risk, and in no event shall InMoment be liable for any loss, damages, claims or otherwise arising out of related to Subscriber’s collection of such information, whether arising in tort (including negligence), contract or any other legal theory, including without limitation, any such information in the care, custody or control of InMoment.

(i) Indemnification: You hereby irrevocably agree to indemnify, defend and hold InMoment, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to your use of the Service.

 (j) Termination: You may terminate your Account at any time. InMoment, in its sole discretion, has the right to suspend or terminate your Account and your access to the Service, for any reason at any time. Any termination of your Account will result in the deletion of your Account and the content in it, and the termination of your access to Service. InMoment reserves the right to refuse service to anyone for any reason at any time.

 

  1. SERVICE FEES PAYMENT AND REFUND POLICY

(a) Payment Generally; Taxes: In consideration of the right to access and use the Service, you agree to pay the applicable fees (“Service Fees”). Service Fees are billed in advance on a monthly or annual basis and are non-refundable. A credit or debit card is required for paying the Service Fees. If you sign up for a paid subscription plan, you will be billed immediately for the first month of access to the Service. You will be billed monthly for the applicable Service Fee starting on the 30th day after your Account was initially created. All Service Fees are exclusive of all sales, excise or use taxes, or any levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding taxes on the income of InMoment. Service Fees are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site, or by e-mail.

(b) Upgrades and Downgrades: If you elect to upgrade your subscription, you will be billed a prorated amount immediately upon upgrading. For any upgrade, you will be charged the difference between the price of the upgraded plan and the prorated credit left from the old plan, as allocated by the number of days remaining in the Account billing cycle. Your Account will be billed monthly thereafter for the amount of the upgraded plan. For any downgrade, you will automatically be charged the amount of the downgraded plan immediately, and your billing cycle will be set to the current date. Downgrading your Service may cause the loss of content, features, or capacity of your Account. InMoment does not accept any liability for such loss.

(c) No Refunds: There will be no refunds or credits of Service Fees (i) for partial months of Service access, (ii) as a result of any upgrade or downgrade of the Service, or (iii) for any period of time during which you do not use the Service, but have not cancelled your Account. In order to treat everyone equally, no exceptions will be made.

(d) Overage charges: Should you go over your plan’s limit of attendees in a meeting, overage charges will be billed to your card. The charges are billed monthly, and based on the maximum number of attendees in the largest meeting over the course of the month. The charge per user per month over the limit for individual plans is $1.50. The charge per user per month over the limit for Small Business plans is $1.25. The charge per user per month over the limit for plans above Small Business is $1.10.

 

  1. CHANGES TO THE SERVICE; SUSPENSION OR TERMINATION OF USE RIGHTS

(a) Changes to the Service: InMoment reserves the right to make changes to the Service, at any time, with or without providing notice to you. In the event that you do not agree with any changes to the Service, your only remedy shall be to cease using the Service.

(b) Suspension or Termination of Use Rights: InMoment may suspend or terminate your right to use the Service for any reason or no reason upon notice to you. InMoment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Such termination of the Service will result in the deactivation or deletion of your Account, and the forfeiture and relinquishment of all information in your Account. InMoment reserves the right to refuse service to anyone for any reason at any time.

 

  1. LINKS FROM THE SITE

You may be able to navigate to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by InMoment in any way and InMoment is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply InMoment’s endorsement of, or association with, the Linked Sites. In no event shall InMoment be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(a) Warranty Disclaimer: THE SITE, SERVICE AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND INMOMENT MAKES NO WARRANTY THAT THE SITE, SERVICE OR CONENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, INMOMENT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SERVICE AND CONTENT, OR THE AVAILABILITY OF THE SITE, SERVICE OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND SERVICE RESTS WITH YOU AND INMOMENT MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE, SERVICE AND/OR THE CONTENT WILL BE ERROR FREE.

(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT INMOMENT SHALL NOT BE LIABILE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA., LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF INMOMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

 

  1. GENERAL

These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and InMoment relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an officer of InMoment. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by InMoment may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of InMoment and you and do not create any right in favor of any third party. These Terms of Use shall be construed and enforced in accordance with the laws of the State of Delaware, without reference to conflict of laws principles. You agree that any action or proceeding arising out of these Terms of Use shall be brought in a federal or state court of competent jurisdiction in Delaware and in no other jurisdiction.

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