Cherwell Community

Terms of Use

Purpose of the Cherwell Community

Access to the Cherwell Community (“Community”) is provided by Cherwell Software, LLC, a Delaware limited liability company, on its own behalf and on behalf of its affiliates and subsidiaries (collectively, “Cherwell”). The purpose of the Community is to provide a forum where users of Cherwell’s products and services (individually “Member” or collectively “Members”) can interact and collaborate with other Members.

These Terms of Use (“Terms”) are provided exclusively for the purpose of outlining Member’s ability to use and access the Community and clarify Cherwell’s obligations in providing Member access to the Community. Member’s use or access of the Community and acceptance of these Terms shall not constitute or create any further relationship with Cherwell. Member and Cherwell shall remain independent parties at all times. These Terms shall not supersede any license or other agreement between Member or Member’s organization and Cherwell.

Please remember that this site is provided to enable Members to interact with each other, discuss different methods to use Cherwell’s products and facilitate a global and collaborative forum. The messages, suggestions or statements on how to use Cherwell’s products and services may be from non-Cherwell personnel and may not be the most effective method of utilizing Cherwell’s products and services. Therefore, if you need assistance with any Cherwell products or services and would like to communicate directly with Cherwell’s personnel, please contact Cherwell’s Support Department by phone, email, or through its website https://cherwellsupport.com.

Member acknowledges that Cherwell reserves the right to update or modify these Terms at any time with or without notice. Member understands and agrees that its continued use of the Community after any such update or modification of these Terms constitutes Member’s explicit acceptance of any updates or modifications. Further, Member agrees that completing the registration process constitutes Member’s consent to receive communications from Cherwell as long as Member is a registered user. Finally, Member acknowledges that use of the Community may require the use of cookies; therefore, Member consents to the download and use of cookies on its machines.

Registration

To participate in the Cherwell Community, you must register as a Member and create an account. Registration is limited to individuals who are employed by or represent current Cherwell customers and/or partners. Registration is free of charge and by registering or accessing the Community, Member agrees to abide by these Terms. The Community is not directed to anyone younger than thirteen; registration is limited to those individuals thirteen years of age or older.

When you register, you must provide a unique and valid email address. Duplicate email addresses are not allowed, so if the email address you enter is already in use you will be prompted to provide another one. To prevent a potential Member from using another Member’s account, each account is password protected and includes email verification.

During the registration process, a randomly generated password will be sent to the email address provided. Once the password is received, Member is advised to change the password in accordance with the password guidelines provided. Member should use a strong password (i.e., a password using a combination of upper and lower case letters, numbers and symbols). Member is responsible for password safety and security and any activities or actions associated with the account. Member may also change the email address associated with the account; however, if such a change is made a new, randomly generated password will be sent to that address. Entering an invalid email address or password may cause the account to become unusable until a Cherwell representative corrects the information manually.

Member accepts that during the registration process, Cherwell shall treat Member’s personal information in accordance with Cherwell’s Privacy Statement available at https://www.cherwell.com/privacy-statement. By completing the registration process, Member represents and warrants that no false statements were made in the registration process as to identity, organizational affiliation, age or otherwise.

General Understandings when Using the Community

Any message or content within the Community expresses only the views of the author and does not necessarily reflect the views of Cherwell. Cherwell does not necessarily endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content provided by Members. Cherwell may use moderators and administrators to monitor the content and appearance of the Community. Considering the real-time nature of the Community, it is impossible to monitor or review all content from every Member; however, Cherwell reserves the right, but is not obligated to review, delete or otherwise modify the content of every message.

When accessing or using the Community, Member may encounter links or directions to third party websites and content accessible separately from the Community. Member acknowledges that Cherwell is not responsible for Member’s access or use of such third party content and such content is not under Cherwell’s control or governed by these Terms. Member’s access or use of such content or websites is at Member’s sole risk.

As part of its commitment to improve the experience of all of its customers, Cherwell may incorporate the ideas or suggestions conveyed on the Community into its products and services. By using the Community and submitting ideas or suggestions, Member expressly grants Cherwell a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright, patent, publicity and other rights with respect to such ideas or suggestions. In addition to the rights granted, Member waives any moral rights associated with such ideas or suggests and may be asked to complete a waiver further establishing Cherwell’s rights to use such ideas or suggestions. If Member does not wish to grant Cherwell the rights set forth above, Member should not submit any ideas or suggestions. In addition to the rights to any ideas or suggestions, Member acknowledges that its use of the Community constitutes a waiver of any claim of violation of the right of publicity or privacy due to Cherwell publishing, reproducing, displaying, attributing a statement to or otherwise using any statement made by Member on this Community, in the Community or through another medium.

Guidelines when Accessing or Using the Community

Member agrees not to post, email or make available any content or use the Community:

  • in violation of any applicable law, regulation or code;
  • in a manner that infringes, violates or misappropriates any third party's intellectual property, proprietary or contractual rights;
  • in a manner that is misleading, deceptive or fraudulent;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or infringing or invasive of another's privacy or identity;
  • to engage in spamming, "chain letters," "pyramid schemes" or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable in accordance with the general standards of similar commercial communities and Cherwell’s corporate values as determined in Cherwell’s sole discretion;
  • to impersonate any other person, falsely state or otherwise misrepresent an affiliation with any person or entity or to obtain access to the Community for unethical purposes;
  • to take any action that may undermine the Community’s feedback or ratings systems or the Community’s overall performance;
  • to use the Community for the purpose of storing files and information irrelevant to the purpose of the Community;
  • in a manner that contains computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • in a manner to interfere or attempt to interfere with the proper working of this Community, preventing others from effectively using or accessing this Community or in a manner that disrupts or negatively affects the normal flow of dialogue;
  • to use any manual or automated means to access or manage another Member's account or to monitor or copy this Community or the content contained therein; or
  • in a manner that employs misleading email or IP addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Community or to other Members.

 

In addition, Members are encouraged to report behavior that may violate these Terms to the Community Administrator by using the links provided in the Community or sending an email to community@cherwell.com.

Enforcement Guidelines

While using or accessing the Community, if a Member violate these Terms, Cherwell may send a warning to the email address on file with the applicable account. If the same action continues, Cherwell reserves the right to suspend or otherwise terminate a Member’s access to the Community at its sole discretion. Notwithstanding the foregoing, depending upon the violation in question, Cherwell reserves the right to immediately suspend or terminate a Member’s access to the Community.

Cherwell may investigate any reported or suspected violation of these Terms and take any appropriate action that may include, but is not limited to, issuing a warning, suspending or terminating access or right to use the Community and/or removal of messages. Cherwell reserves the right and has the absolute discretion, to remove, screen or edit any messages or posts that violate these provisions or are otherwise objectionable. Cherwell also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third parties.

In order to cooperate with governmental requests, to comply with all applicable law, to protect Cherwell’s systems and customers or to ensure the integrity and operation of Cherwell’s business and systems Cherwell may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g. name, email address, etc.), IP address and traffic information, usage history and posts.

International Members

Since Cherwell operates globally, not all standards may match or be consistent with local laws. International Members acknowledge that data may be processed in the United States or outside of their respective country and Cherwell will treat such information in accordance with the Cherwell Privacy Statement and the applicable laws of the country where such information is processed.

Miscellaneous Terms

Member is solely responsible for any content that Member posts within the Community. Member hereby releases and shall hold Cherwell, its affiliates, employees, directors, officers, licensees, assigns and their designees harmless with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of any content submitted, posted, transmitted, accessed or made available through the Community.

MEMBER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) THE COMMUNITY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (II) USE OR RELIANCE ON THE COMMUNITY IS AT MEMBER’S OWN RISK; (III) CHERWELL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; AND (IV) CHERWELL AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL OR OTHER TANGIBLE OR INTANGIBLE LOSSES, RESULTING FROM MEMBER’S ACCESS, USE OR INABILITY TO ACCESS OR USE THE COMMUNITY OR ANY CONTENT PROVIDED BY OTHER MEMBERS AND FOUND THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMBER AGREES THAT CHERWELL’S ENTIRE LIABILITY ARISING FROM THE USE OR ACCESS OF THE COMMUNITY SHALL BE NO MORE THAN TWENTY US DOLLARS ($20.00 USD).

These Terms are binding upon Cherwell’s successors and assigns and are governed by the laws of the State of Colorado, excluding its conflicts of laws provision. Member agrees that these Terms inure to the benefit of Cherwell’s service providers (including the Community platform provider) and that such service providers may take action (including the removal of content and account disabling) in order to maintain compliance with these Terms.

Member acknowledges and agrees that the courts of the State of Colorado shall have exclusive jurisdiction over any claim or dispute arising from or related to Member’s use or access of the Community. Member, by using the Community, also waives any argument that the courts of the State of Colorado do not have exclusive jurisdiction or are an improper venue for any such dispute.

If any provision of these Terms is later deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Cherwell’s failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

If you have any question about these Terms please reach out to a Community Administrator at community@cherwell.com.

 

END OF TERMS OF USE

 

Last Updated on: June 25, 2015.