TERMS OF USE


Last Revised: January 31, 2020

These Terms of Use (“Terms”) governs your use of www.commure.com, developer.commure.com, community.commure.com, and all websites that link to these Terms (the “Site”). Please read these Terms carefully because they form a legally binding agreement between you and Commure, Inc. (“Commure”). By accessing or using this Site, you automatically agree to comply with these Terms and Commure’s Privacy Policy. If you do not agree to these Terms, you should not use this Site.

Please note in order to access and use certain services within the Site, you must register for an account (such services, the “Services”). To create an account you must be at least 18 years of age, possess the legal right and ability to enter into a legally binding agreement with Commure and agree and warrant to use the Site and Services therein in accordance with these Terms. Please also note that your use of the Services is also governed by the Commure Developer User Agreement, in addition to these Terms. Those additional terms are part of your agreement with Commure if you use the Service or log into the Service. In the event of a conflict between the terms of your Developer User Agreement and of these Terms, the terms of your Developer User Agreement shall control.

  1. Content. This Site includes text, data, graphics, materials, designs, images, videos or other content (collectively, “Content”) created by Commure. The Content is provided for general information purposes only and should not be relied upon for personal, professional, medical, legal, regulatory or other decisions. Commure does not ensure completeness, timeliness or accuracy of the Content.

  2. Modifications. At any time, Commure may modify these Terms by posting the modified language on this Site, with or without notice to you. Posted modifications will become effective immediately, and your use of this Site following any such modifications constitutes your agreement to be bound by the Terms as modified. Commure reserves the right to modify, add, suspend or discontinue any aspect, service, Content or feature of this Site at any time, with or without notice to you.

  3. Privacy Policy. Your use of this Site and the information Commure collects about you during your visit to this Site is governed by Commure’s Privacy Policy. The Privacy Policy describes how Commure and its third parties partners collect, use, share and disclose information about you when you visit the Site or use the Service. By using the Site, you are agreeing to the Privacy Policy.

  4. Links to Other Sites. This Site may contain hyperlinks to websites operated by third parties or to materials or information made available by third parties. The placement of such links on the Site does not constitute or imply Commure’s endorsement of such third parties, the content of their websites, their products or services, or the privacy or security practices of those websites. Commure is not responsible or liable for (i) any content, products, advertising, information or materials on or available from such sites or resources, (ii) any errors or omissions in those sites or resources, or (ii) any information handling or other business practices of the operators of such sites and resources. You acknowledge and agree that Commure will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of services and privacy policies, and any other terms.

  5. License and Restrictions. Subject to the restrictions in these Terms, Commure grants you a limited, personal, nonexclusive, revocable license to access and use this Site and its Content solely for your personal, noncommercial and internal use, and only in a manner that complies with all legal requirements that apply to you or your use of the Site and Consent, including these Terms, and provided you do not modify the Site, its Content or any copyright or proprietary notices. You may not modify, copy, distribute, mirror, frame, publicly display, publicly perform, reproduce, translate, publish, license, create derivative works of, or transmit the Site or Content (in whole or in part) in any way through any medium for distribution, publication or any commercial purpose. You will not use this Site in any manner that could damage, disable or impair the Site or interfere with the Site or any feature of the Site or other’s use of the Site, including any use that violates any laws, infringes on anyone’s rights or is offensive. Your use of the Site is at Commure’s discretion and Commure can terminate your use, prohibit you from using the Site or take appropriate legal actions at any time.

  6. Ownership. Commure and/or its licensors own all rights, title and interest in and to the Site, the Content, the Service, the Commure trademarks, logos and icons and the structure, organization and arrangement thereof, which are protected by law, including, but not limited to, copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

  7. No Legal or Regulatory Advice. Some Content may include legal or regulatory related information pertaining to you or your business. Such Content is provided for general informational purposes only. Commure is not providing legal or regulatory advice and no attorney/client relationship is created by your use of this Site or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.

  8. Compliance with Law. As a condition of your use of this Site, you warrant to Commure that you will not use this Site for any purpose that is unlawful, offensive, interferes with this Site or any feature therein, infringes anyone’s rights or prohibited by these Terms. You agree to comply with all applicable federal, state and local laws regarding your use of this Site and the Content. You acknowledge that your unauthorized use of this Site or any Content may violate copyright laws and trademark laws, as well as other regulations and statutes. If you reside outside the United States, you also agree to comply with any local laws applicable to your use of this Site.

  9. Submissions and Communication. You agree that any information you submit through this Site is accurate and does not include any confidential or sensitive information. By submitting information to Commure through this Site, you agree that Commure may use that information in any way, for any purpose, including Commure’s own commercial purpose, and that such submitted information becomes Commure’s property without any obligation and you are not entitled to any accounting, compensation or reimbursement of any kind from Commure under any circumstances. When you use this Site or send communications to Commure through this Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Commure intended for receipt by you will be deemed delivered and effective when sent to the email address you provide to us. By submitting information or otherwise providing Commure with your email address, postal address or phone number, you are agreeing that Commure or its agents may contact you at that address or number in a manner consistent with the Privacy Policy.

  10. Feedback on the Site. The Site may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Commure and share such Feedback with other users, or the public. By submitting Feedback through the Sites, you grant Commure a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Commure marketing materials and where required to do so by law or in good faith to comply with legal process). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

  11. Indemnification. You will indemnify, defend and hold harmless Commure and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of the Site or the Content, your violation of these Terms, your violation of applicable laws and regulations, or your violation of any rights of another individual or entity.

  12. Disclaimer. This Site and the Content contained in this Site may include inaccuracies or typographical or other errors. COMMURE, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, CONTENT AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND THE CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. COMMURE, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMMURE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SITE OR CONTENT, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMMURE, ITS AFFILIATES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “COMMURE ENTITIES”) BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOODWILL, LOSS OF INFORMATION, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE, YOUR USE OF THE SITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ITS CONTENT AND/OR THESE TERMS IS TO DISCONTINUE YOUR USE OF THIS SITE. IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION WILL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

  14. Governing Law; Jurisdictions; Disputes; Waiver of Jury Trial. The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of San Francisco in the State of California, and agree not to bring any action relating to the use of the Services or these Terms in any court in any jurisdiction other than the state or federal courts located in the county of San Francisco, State of California. Commure shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect Commure’s or any third party’s rights in the Site or the Content. You also agree that Commure may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies Commure might have at law. In any dispute between you and Commure where Commure prevail, Commure shall be entitled to recover reasonable attorney’s fees, court costs, disbursements and other legal expenses. You hereby waive any right to a jury trial.

  15. Waiver and Severability. Failure to enforce any provision in these Terms will not constitute a waiver of that provision. If any provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

  16. Entire Agreement. These Terms, together with any terms and policies that are incorporated by reference, constitute the entire agreement and supersede any prior agreements between you and Commure with respect to your use of this Site and its Content.

  17. Copyright and Trademark Notices

All contents of this Site including the arrangement of them on this Site are:

Copyright © 2020 Commure, Inc. All rights reserved.

Except for the limited right granted herein, all other rights are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted materials is strictly prohibited without the express written consent of the copyright owner.

Commure is a trademark or registered trademark of Commure, Inc. Other products and company names mentioned herein may be the trademarks of their respective owners.