LIMBLE COMMUNITY

Terms of Use

Release Date: Version 1.0, August 1, 2024

Limble Community Forum Terms of Use

All use of the Limble Community Forum (“Community”) is subject to these Limble Community Forum Terms of Use (these “Terms”) and Limble’s Privacy Policy. For purposes of these Terms, (a) “we” and its derivatives means Limble Solutions, Inc. (“Limble”) and (b) “you” and its derivatives means you, the entity you represent, and any person accessing the Community by any method on your behalf. By registering for the Community, you agree to comply with all applicable Limble policies. If you do not agree with any of the provisions of these Terms, then you may not access or use the Community. Your continued use of the Community will always indicate your acceptance of the Terms and any subsequent modifications made to the Terms. You may not access or use the Community if you have not reached the age of majority in your jurisdiction of residence.

  1. YOUR ACCOUNT
    1. Monitoring and Confidentiality. You are responsible for monitoring and controlling all activity conducted through your Community account. You must exercise reasonable efforts to keep all passwords and login information for the Community confidential. If you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, you agree to notify us at [email protected].
    2. Third-Party Services. Limble uses the services of a third-party to help provide the Community. Your log-in information will be sent to the third-party for authentication to the Community platform.
    3. Your Information. Please be aware that when you post to the Community, you are sharing information to others. To protect your safety, please use your best judgment when using the Community and carefully consider the information you disclose. Any personal information you submit to Limble that is not made publicly available in the Community will be governed by our Privacy Policy.
    4. Usage. Use of the Community is at your option, completely voluntary, and is not required for the use of any Limble products and/or services.
  2. YOUR CONDUCT
    1. Restrictions. Community users must never engage in the following activities:
      1. Upload to or link from the Community any harmful or malicious technology, including malware, that unlawfully accesses information owned by Limble or any third party.
        2. Post content that violates applicable laws and government regulations, including, but not limited to, all intellectual property, data, privacy and export control laws, and regulations promulgated by any government agencies.
      2. Post content that the user does not have the required rights to do under law or through a contractual or fiduciary relationship (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
      3. Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organization, or entity of Limble.
      4. Post spam or advertisements.
      5. Interfere with or disrupt the operation or integrity of the Community or any information, data, content or other materials available on or through the Community.
      6. Access the Community to build a similar or competitive product or service or to copy any ideas, features, functions, or graphics of the Community.
      7. Create a database to store Community content by downloading, scraping, data extracting, data mining, or any other related activity.
      8. Solicit, trace, or otherwise collect information from other users.
      9. Dox another person, or post content that includes another person’s private or personal information, including but not limited to Community profile information, images, personal phone numbers, email addresses, addresses, and Social Security numbers.
      10. Post content that is abusive, offensive, vulgar, obscene, hateful, threatening, libelous, defamatory, fraudulent or offensive in a sexual, racial, cultural, or ethnic context.
      11. Authorize, permit, enable, induce, or encourage any third party to do any of the above.
      12. Do anything to violate the spirit of these Terms.
    2. Moderation. The Community is intended to be a place for users of Limble products and/or services to connect, communicate, and share information, experiences, tips, and thoughts on Limble products and services. To foster and ensure a positive, supportive, and harassment-free environment, Limble may designate Limble employees to act as moderators/administrators for the Community (“Community Moderators”). Limble reserves the right, but is not obligated or required, to block users from posting, to terminate a user’s Community account and/or to remove or alter any user Submission to the Community at any time, with or without notice, for violation of these Terms or at Limble’s sole discretion. Limble reserves the right to cooperate with any law enforcement, court, third party or government investigation or order requesting or directing Limble to disclose information posted to the Community, or if Limble decides that such disclosure is in its or its users’ best interests.
    3. Third-Party Links.You may be able to link from the Community to one or more third-party websites. Limble does not endorse, nor will it be held responsible for, the information, content, products, services, advertising, code or other materials which may or may not be provided by the linked website.
  • YOUR SUBMISSIONS
    1. Submissions. As a user of the Community, you may have the ability to make information, data, graphics, sounds, videos, messages, profiles, and other materials and content, each a “Submission,” available through the Community. Submissions include but are not limited to all comments, suggestions, advice, and ideas, including those made or given on an existing or potential Limble product or feature. All Submissions are subject to the licensing provisions contained herein.
    2. User Responsibility.Users are solely responsible for all Submissions to the Community. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the submission does not infringe on the intellectual property rights of others.
    3. User Content.Limble has no control over users’ Submissions and does not endorse any user Submissions. Limble does not make any representations about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions.
  • LICENSES
    1. Submission Rights. When you submit content to the Community, you do not lose ownership of your Submission. Rather, with each Submission, you grant Limble an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Submission content, feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.
    2. Suggestions. If you make available through the Community ideas and suggestions on Limble products or services, you acknowledge and agree that posting such a Submission does not make you an inventor of any invention that may arise during any development of any Limble product or service, including those that may incorporate or are related to your Submissions to the Community. If, despite the foregoing, you retain any right, title, or interest in any invention, you agree to assign to Limble all right, title, and interest in and to such invention, effective upon the invention’s conception, creation, or development. To the extent that you retain any right to or interest in any invention after all permissible assignment, you waive all claims with respect to such rights or interests against Limble and its affiliates, and any user of any Limble product or service. In addition, you grant Limble an unlimited, irrevocable, perpetual, worldwide, royalty-free license to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyze, and exploit all or any portion of such invention. You waive and quitclaim to Limble any claim for infringement, misappropriation, or other violation of any invention or intellectual property rights assigned or licensed under these Terms. Limble is under no obligation to take user suggestions into consideration.
    3. Ownership of Community Intellectual Property. Subject to the limited rights expressly granted hereunder, Limble reserves all rights, title and interest in and to all intellectual property rights in the Community, including but not limited to its user interface, branding, content, and ideas. No rights are granted to users hereunder other than as expressly set forth herein.
  • COPYRIGHT INFRINGEMENT; DMCA POLICY
    1. We take the intellectual property rights of others seriously and require that Community users do the same. In accordance with the Digital Millennium Copyright Act of 1998, Limble will respond expeditiously to claims of copyright infringement committed using the Community if such claims are reported to Limble’s Designated Copyright Agent identified below.
    2. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Community by completing a DMCA Notice of Alleged Infringement and delivering it to Limble’s Designated Copyright Agent. Upon receipt of a notice, Limble will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Community. Please be aware that a copy of your notice or counter-notice may be provided to the other parties concerned or relevant third parties.
    3. All notices must do the following:
      • Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
      • Identify the content or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including, if applicable, a URL link to the exact location on the Community where such content may be found.
      • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
      • Include both of the following statements in the body of the notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
      • Provide your full legal name and your electronic or physical signature.
    4. Deliver your notice, with all items completed, to Limble’s Designated Copyright Agent:
      Copyright Agent
      Limble Solutions, Inc.
      3290 W. Mayflower Ave.
      Lehi, Utah 84043
      [email protected]
    5. You may be liable for damages if you materially misrepresent that your intellectual property rights have been violated, for instance if the alleged infringement is a fair use of your copyright or trademark. If you are unsure whether your intellectual property rights have been infringed, please contact an attorney before contacting Limble.
  • GENERAL TERMS
    1. Warranty Disclaimer. THE COMMUNITY AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND LIMBLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIMBLE IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. CONTENT POSTED BY LIMBLE ON THE COMMUNITY IS NOT PART OF ANY ONLINE INFORMATION, DOCUMENTATION, OR LEGAL AGREEMENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY CONTENT OR MATERIAL ON THE COMMUNITY REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS). LIMBLE DOES NOT WARRANT THAT THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LIMBLE MAY MODIFY THE FUNCTIONALITY OF THE COMMUNITY AND ITS INTERFACE AT ANY TIME AT OUR SOLE DISCRETION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF THE COMMUNITY AND ITS CONTENT IS AT YOUR SOLE RISK.
    2. Limitation of Liability. NEITHER LIMBLE, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES, SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE COMMUNITY, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL LIMBLE’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE COMMUNITY (REGARDLESS OF THE FORM OF ACTION OR CLAIM — E.G. CONTRACT, WARRANTY, TORT, OR OTHERWISE) EXCEED A LIMIT EQUAL TO $1,000.
    3. Indemnification. You agree to defend and indemnify Limble and its affiliates, and their respective officers, directors, employees, and contractors, from and against any and all claims by a third party arising from or related to: (a) your use or attempted use of the Community in violation of these Terms, (b) your violation of any law or the rights of any third party, or (c) any Submissions you post to the Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights. Limble will promptly provide written notice of any claim, but failure to give notice will not diminish your indemnity obligation if the failure does not materially prejudice the ability to defend the claim. Limble reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Limble's defense of such claim.
    4. Modifications. We may modify these Terms and other policies relating to the Community by posting a revised version on the Community. The revised version will take effect on the date it is posted to the Community. If you use the Community after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
    5. Severability. These Terms will be enforced to the fullest extent permitted under applicable law. If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
    6. Governing Law. These Terms constitute a binding agreement, and failure to comply with these Terms may result in legal action. This agreement, and any disputes arising out of or related hereto, shall be governed and interpreted, construed, and enforced in accordance with the laws of the State of Utah, without regard to conflict of law principles. You consent to the jurisdiction of the state and federal courts located in Salt Lake City or County, Utah and agree that such courts and their respective courts of appeal will be the exclusive venue for the resolution of any dispute relating to these Terms. You waive any objection which you may have now or hereafter to the laying of venue in such courts, and irrevocably submit to the exclusive jurisdiction and venue of such courts.

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