Terms of Use

These terms apply to the Services provided by Join by Join Digital Inc., located at 77 Geary St (Suite 640), San Francisco, CA 94108, USA.

By using the Services, you are agreeing to these terms. Please read them carefully. If you have separately signed a written agreement with us to use the Services, or if you are working for a person or business that has a separate written agreement with us, the written agreement will control in the case of any conflicts.

The Services are multiple, so sometimes additional terms may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use the Services.

Definitions

Join Account (“Account”):

A Join Account is a unique record of information that is managed by Join. An Account is associated with an individual person. It allows this person to authenticate to Services and potentially receive authorization to access these Services.

Join Services (“Services”):

Join Services are the systems that deliver digital workspace functionalities to Join customers and users. For a complete list of the Services, please refer to https://joindigital.com/services.

Join User (“User”):

A person with an Account is called a User.

Using the Services

You must follow any policies made available to you within the Services.

Don’t misuse the Services. For example, don’t interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using the Services does not give you ownership of any intellectual property rights in the Services. These terms do not grant you the right to use any branding or logos used in the Services. Don’t remove, obscure, or alter any legal notices displayed in or along with the Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by following the instructions included with these communications.

Your Account

You need an Account in order to use the Services. Your Account is typically assigned to you by an administrator, such as Join or your employer.

Join is not responsible for the activity that happens on or through your Account and for the security of the devices that you choose to access your Account and connect to the Services, including any data stored or shared on these devices. You are responsible for any misuse of the Services, even if the misuse was committed without your authorization. Therefore, you must take steps to ensure that others do not gain unauthorized access to your Account or the Services, or use your Account and the Services in an unauthorized manner. Such steps include: keeping your passwords confidential and not sharing them with anyone. If you learn of any unauthorized use of your passwords or Account, please contact us at legal@joindigital.com.

Prohibited Activities.

Prohibited uses of the Services include the following:

  1. Illegal or Unlawful Use. Using the Services to engage in, undertake, accomplish, instigate, encourage or further any illegal or unlawful purpose or activity. This includes any and all illegal or unlawful purposes and activities that are not expressly described elsewhere in this policy.
  2. Unauthorized Hacking. Using the Services to perform, attempt to perform, encourage or enable unauthorized hacking of any kind. This includes, but is not limited to:
    1. breaching or circumventing the network security system of any host, network, server, database or user account, whether on or through Join’s network, without permission;
    2. initiating, performing, participating in or assisting in the performance of denial of service or DDoS attacks;
    3. using or distributing tools designed to circumvent or compromise network security, such as but not limited to ransomware, spyware, malware, password cracking or network probing algorithms or analyzers, encryption circumvention devices, or Trojan Horse programs.
  3. Fraudulent Activity. Using the Services to engage in, commit, encourage or further fraudulent activities or other deceptive practices. This includes, but is not limited to, identity theft, credit card fraud, forgery, or impersonation of any person or entity.
  4. Violating Intellectual Property Rights. Using the Services in a manner that violates the intellectual property rights of any third party. This includes, but is not limited to, transmitting, reproducing, or distributing information, data, software or other material that is protected by copyright, trademark, patent, trade secret or other proprietary rights laws, rules or regulations without obtaining permission of the owner.
  5. Privacy Violations. Using the Services in a manner that violates the privacy of others. This includes, but is not limited to, collecting (or attempting to collect) or disseminating personal information about third parties without their consent in violation of any applicable law.
  6. Offensive or Objectionable Use. Using the Services in a manner that a reasonable person could deem to be offensive or objectionable, regardless of whether or not the use is lawful. This includes, but is not limited to, using the Services to:
    1. harass, annoy, or threaten others;
    2. transmit or disseminate material that is prohibited or restricted by applicable law;
    3. send or collect responses from unsolicited bulk communications (e.g., “spam”).
  7. Causing Network Performance Degradation. Using the Services in a manner that causes (or is likely to cause) performance degradation of Join’s network and/or inhibits, interferes with or impedes other authorized users of Join’s network from making normal and reasonable use of their Services. This includes, but is not limited to, the generation of excessive levels of network traffic, regardless of intent, purpose or knowledge.
  8. Unauthorized Resale. Unauthorized resale of the Services. Unless you are an authorized wholesale partner of Join, the Service are for your sole use and may not be re-sold or otherwise distributed.
  9. Violating Other Provider’s Policies. Using the Services in a manner that violates the rules,
    regulations, or policies established by or applicable to any non-Join network, server, database, or website that you access using the Services.
Privacy Protection

Our privacy policy explains how we treat your personal information and protect your privacy when you use the Services. By using the Services, you agree that Join can use such information in accordance with our privacy policy, which you can find on our website: https://joindigital.com/legal/privacy-policy.

Please read it carefully.

Your Content in the Services

If you submit feedback or suggestions to us about the Services, we may use your feedback or suggestions without obligation to you.

About Software in the Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Join gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Join as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Join, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating the Services

We are constantly changing and improving the Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

Join may stop providing the Services to you, or add or create new limits to the Services at any time.

If we discontinue a Service, where reasonably possible, we will give reasonable advance notice to you or your administrator.

You may stop using the Services at any time. Unless you are an administrator, you do not need to notify Join.

Our Warranties and Disclaimers Liability for the Services

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS PROVIDED TO YOU, NEITHER JOIN NOR ITS SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.”

WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE.

Business uses of the Services

If you are using the Services on behalf of a business, that business accepts these terms. You represent that you are authorized to enter into binding commitments for the business. It will hold harmless and indemnify Join and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Dispute Resolution

For any dispute you have with us, you agree to first contact us at legal@joindigital.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in Santa Clara County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that we will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to the Services. You should review our terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Services. Changes will not apply retroactively and will become effective no sooner than thirty days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Join and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Join consent to personal jurisdiction in those courts.

For any question, please contact us at legal@joindigital.com.

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