Terms & Conditions

Code of Conduct

Terms of Use

Purpose of the Cherwell Community

Access to the Cherwell Community (“Community”) is provided by Cherwell Software, LLC. References to “Cherwell” in these Terms of Use includes Cherwell Software, LLC and its subsidiaries and affiliated entities (“Cherwell”). The purpose of the Community is to provide a forum where users of Cherwell’s products and services (individually “Member” or “You”, collectively “Members”) can interact and collaborate with other Members.

Terms and Conditions of Use

These Terms and Conditions of Use (“Terms”) are the exclusive terms governing Member’s use and access to the Community.  Member’s use or access of the Community and acceptance of these Terms shall not be deemed to 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.

Member acknowledges that Cherwell reserves the right to update or modify these Terms at any time with or without notice. Updates will be published here: https://www.cherwell.com/privacy-policy/

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.

  • Provided You comply with these Terms, including all Registration requirements, Cherwell grants You a non-exclusive, non-transferable, limited privilege to use the Community site.
  • Completing the registration processas provided below constitutes your consent to receive communications from Cherwell regarding Cherwell products and services, and/or the Community site.If, at any time, You do not want to receive these communications, You may opt out these communications at the bottom of any notification or by emailing privacy@cherwell.com
  • Cherwell may use cookies or other technologies to track user activity on the Community site.Such use will comply with the Cherwell Privacy Statement located here: https://www.cherwell.com/privacy-policy/. Member expressly consents to the download and use of cookies on it's machines.
  • Views or content provided by Members of the Community are not endorsed by Cherwell.
  • Cherwell has the right, but not the obligation, to, at any time, modify or delete any and all content posted on the Community site.
  • Cherwell may respond to questions or comments on the Community site but does not provide technical support through the Community site. Any information provided by Cherwell or any Cherwell employee on the Community site is “AS IS” and provided without representations or warranties of any kind. if You need assistance with any Cherwell products or services, please contact Cherwell’s Support Department by phone, email, or through its website https://www.support.cherwell.com.
  • 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 third-party content or websites is at Member’s sole risk.
  • If You provide ideas, suggestions, recommendations or similar content on the Community site (“Member Input”), Cherwell may use such Member Input for any purpose whatsoever without obligation of royalty or other restriction, including, but not limited to, using or incorporating such Member Input in products, services or technologies. Member waives any and all rights to Member Input, including, but not limited to, all moral rights. Member agrees that upon the request of Cherwell, Member will provide such other waivers as Cherwell may reasonably require to confirm or establish Cherwell’s rights in such Member Input. If you do not wish to grant Cherwell the rights set forth above, you should not submit any Member Input.
  • 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.

Registration

To participate in the Cherwell Community, you must register as a Member using a Cherwell SSO account. Registration is limited to individuals who are employed by or represent active Cherwell customers and/or partners. Registration is free of charge and by registering or accessing the Community, Member agrees to abide by these Terms. Registration is limited to  individuals thirteen years of age or older.  Cherwell reserves the right to reject or terminate the registration of anyone not meeting all of the foregoing qualifications.

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.

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-policy/. 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.

Conduct 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, 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;
  • for the purpose of storing files and information unrelated or inconsistent with the stated purpose of the Community;
  • to introduce any content to the Community site 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 manually or through automated means access or manage another Member's account or 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 should never post or reveal any personal information on the Community site.

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

While using or accessing the Community, if a Member violate these Terms, Cherwell may, but is not obligated to, 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, Cherwell at all times reserves the right, in its sole discretion, to immediately suspend or terminate a Member’s access to the Community at any time. 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 without notice to any Member or Members. In addition, 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, without notice,  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

Members located outside of the United States 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 https://www.cherwell.com/privacy-policy/ and the applicable laws of the country where such information is processed. Member expressly consents to processing of any information Member provides through registration for the Community site, or that Member otherwise provides on the Community site, in the United States or such other countries as Cherwell may, from time to time, use to process such information.

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: October 31, 2019