Last Modified: November 9, 2022

1. Overview. These Terms of Use (these “Terms”) constitute a legal agreement between General Collaboration Company (the “Company”, “we”, “us”, or “our”) and you as the user (“User”, “you”, or “your”) and govern your access to and use of the Company browser extension (the “Extension”), the Company websites located at <gc.me> and <generalcollaboration.com> and other sites and subdomains owned, operated or controlled by us (collectively, the “Website”), and all other software applications and online services provided by the Company (the Extension, the Website and such other software applications and services, collectively, the “Services”).

   Please read these Terms carefully before accessing or using the Services. By accessing or using any portion of the Services, you agree that you have read, understood, and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein. Any changes to these Terms will be posted on the Website, and your continued use of the Services means you have accepted these changes.

   The Services are offered and available to users who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

2. Privacy Policy and Data Protection. The Services are subject to the Company’s privacy and data protection practices (our “Privacy Policy”). Please read our Privacy Policy found at http://generalcollaboration.com/privacypolicy. Our Privacy Policy explains how the Company collects, uses, and shares your information when you use or access the Services. By accessing or using the Services, you consent to the Company’s collection, use, and sharing of your information as set forth in our Privacy Policy.

3. Becoming a User.

   1. Account Registration. In order to access and use the Services, you can either open a user account by registering with the Company (in which case you will create a username and password to access your user account) or login with an existing username and password associated with an account you maintain with a Third Party Service (as defined below) (such Company user account or Third Party Service account, as applicable, your “User Account”). You must provide true, accurate, current, and complete information associated with your User Account (“Account Information”), and you agree to update the Account Information in order to ensure that it remains current at all times.
   2. Account Credentials. You are responsible for maintaining the confidentiality of your Account Information, including your username and password. Any use of your username and password will be deemed to be your use and you are responsible for any and all of your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree to immediately notify the Company in writing of any suspected or actual unauthorized use of your User Account. You agree that the Company will not under any circumstances be liable for any cost, loss, damage, liability, claim, or expense arising out of a failure by you to maintain the security of your username and/or password.
   3. Company Access. You grant to the Company the right to access your User Account to the extent related to the Services, as reasonably necessary: (i) to provide, maintain, operate and update the Services; (ii) to provide customer support for the Services; (iii) to prevent or address service, security, support or technical issues; or (iv) as required by law.

4. Company Services. The Services allow you to integrate and create actions or commands between various third party applications and services (“Third Party Services”). To connect Third Party Services, you must have an account with each Third Party Service you integrate, and the Services will require you to authenticate with each such Third Party Service. We will store the login credentials for each Third Party Service with which you authenticate to allow us to continue to provide the Services. When you enable the Services, each Third Party Service you integrate will provide us with access to the information you provided to such Third Party Service. When you integrate a Third Party Service, we will collect the information that is necessary to enable access to such Third Party Service and any data or content contained within such Third Party Service that is required to affect the desired action or command. Each Third Party Service will share information with us, and we will share information between Third Party Services.

5. Third Party Services. The Services contain links to and integrations with Third Party Services, and you agree that the Company provides such links and integrations solely as a convenience and has no responsibility for the content or availability of any such Third Party Services, and that the Company does not endorse any such Third Party Services (or any products or other services associated therewith). Access to and use of any Third Party Services linked to the Services is at your own risk, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such Third Party Services. Your use of any such Third Party Service will be subject to the terms applicable to such Third Party Service. We disclaim any and all liability or damage which may arise from the practices, actions, or omissions of any Third Party Service that you integrate.

6. Receiving Communication. By signing up to be a User, you agree to receive User Account related communications as well as promotional emails that highlight special deals that are available to Users. We may communicate with you regarding the Services by electronic communications using your Account Information. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You may opt out of receiving certain communications in accordance with our Privacy Policy.

7. Ownership.

   1. Services. The Services are made available on a limited access basis, and no ownership right therein or thereto is conveyed to you. We have and retain all right, title, and interest, including all intellectual property rights, in and to the Services, including any and all modifications, updates, upgrades, extensions (including the Extension), components and derivative works thereto. All of our rights not expressly granted to you under these Terms are hereby retained and reserved by the Company.
   2. Use License. Subject to your compliance with these Terms, the Company hereby grants to you a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the Services for your personal, non-commercial use. You agree that you obtain no rights other than the rights and licenses expressly granted in these Terms. Company reserves the right to change, upgrade or discontinue the Services, and any feature of the Services, at any time, with or without notice.
   3. Company Content. The Content (as defined below) is protected under copyright, trademark, and other laws. The Content belongs or is licensed to the Company or its software or content suppliers. Any distribution, reprint, or electronic reproduction of any Content, other than as expressly permitted in these Terms, is prohibited.
   4. Trademarks. The Company shall maintain all right, title, and interest in and to any names, marks, service marks, trademarks or logos of the Company and its affiliates (collectively, the “Company Marks”). The Company Marks may not be used in connection with any product or service that is not the Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or implies a partnership, sponsorship, or endorsement with or by the Company. You shall not mention or use any of the Company Marks in any ad text, extensions, or banner ads without the express prior written consent of the Company. All other trademarks not owned by the Company that are used in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company.

8. Terms that Apply to your Data.

   1. Your Data. You will retain ownership of any data, information or material originated by you (which may include, without limitation, text, video, images and audio) that you post, upload, or transmit through the Services (collectively, “User Content”) – for example, User Content from your accounts with Third Party Services that passes through the Services. By transmitting User Content through the Services, you hereby grant to the Company a worldwide, non-exclusive, royalty-free and perpetual license to access, use, process, copy, distribute, perform, transmit, reproduce, export and display such User Content.
   2. User Feedback. You may be invited to provide us feedback, comments, ideas, suggestions, reviews, and other information about the Services (collectively, the “Feedback”). You hereby grant to the Company and its affiliates and agents a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use the Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of our affiliates.
   3. Your Data Compliance Obligations. You shall be solely responsible for the accuracy, quality, content, transmission, and legality of User Content, and any actions triggered by User Content, and the Company disclaims any and all responsibility or liability for or in connection with such matters. You represent and warrant that (i) you have obtained all necessary rights, releases and permissions to transmit User Content through the Services and for any actions triggered by User Content on the Services and to otherwise have User Content used as described in these Terms, (ii) User Content and its transmission, processing, posting and use as you authorize in these Terms will not violate any laws or regulations, or any Third Party Services terms or conditions, and (iii) no User Content will constitute obscene, pornographic, indecent, profane or otherwise objectionable material.
   4. No Prohibited Sensitive Personal Data. You may not access or use the Services to post, upload, transmit, or incorporate any data that is subject to heightened privacy or security requirements imposed by law or regulation or applicable Third Party Services terms or conditions, including, without limitation, any financial or medical information of any nature, or any sensitive personal information (e.g., government issued numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials).
   5. Improving the Services. Notwithstanding anything to the contrary set forth herein or otherwise, the Company will have the right to collect and analyze data and other information relating to the provision, use or performance of the Services and related systems and technologies (including information concerning the use of User Account and data derived therefrom), and to aggregate and/or de-identify all such data and information. The Company will be free at any time to: (i) use such information and data to improve and enhance the Services; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.
   6. Enforcement. The Company reserves the right, but does not undertake the obligation, to monitor the Services and to investigate and take appropriate legal action against any party that uses the Services in violation of any applicable law or regulation or these Terms.

9. Use of the Services. You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Services; (ii) introduce into the Services any code intended to disrupt the Services; (iii) alter or delete any information, data, text, links, images, video, audio, software, chat, communications and other content available through the Services (collectively, “Content”); (iv) access the Services by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from the Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Services for any reason; (vii) rent, sell or sublicense any of the Services; (viii) provide any unauthorized third party with access to the Services; (ix) access confidential Content through the Services; (x) interfere with the operation of the Services, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Services that is disparaging to the Company or its agents, is defamatory, obscene or otherwise unlawful, or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Services; (xiii) engage in any activity that does not comply with applicable law and regulation or otherwise engage in any illegal, manipulative or misleading activity through the use of the Services; or (xiv) otherwise use the Services outside of the scope of the rights expressly granted herein.

10. LIMITED WARRANTY AND DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED, OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE OF ANY USER CONTENT, INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON THE SERVICES. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS PERSONNEL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, RELATING TO THE SERVICES OR THESE TERMS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S AND ITS PERSONNEL’S MAXIMUM AGGREGATE LIABILITY RELATING TO THE SERVICES AND THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE PRECEDING LIMITATIONS SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT, OR EQUITY.

12. Indemnity. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the Services; and (iii) User Content.

13. Termination or Suspension. These Terms will remain in effect until terminated by either you or the Company.

    If you want to terminate these Terms, you may do so at any time by sending an email with such instructions to <[email protected]>. Upon doing so: your User Account (if registered with the Company) will be closed, your ability to log in to use or access the Services will be deactivated, and any data in our records will be retained subject to our Privacy Policy.

    The Company may terminate these Terms and your use of or access to the Services at any time, for any reason or no reason. Any violation of these Terms may result in the termination of your User Account (if registered with the Company) and the loss of your ability to use or access the Services. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change, or limit access to all or any part of the Services or any functionality, feature or other component of any Services. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or termination of the Services or your access to any of the Services.

    If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease your use of the Services.

14. Dispute Resolution. You and the Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to, these Terms, any of the Services, the Company’s business, or the Company’s relationship with you, including any claims that may arise after the termination of these Terms. This agreement to arbitrate includes any claims against the Company’s employees, agents, or affiliates. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.

    All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability, or validity of these Terms) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

    To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (the “Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the provision of these Terms. The arbitration shall be conducted in English and the seat and venue of the arbitration shall be New York, NY.

    CLASS ACTION WAIVER: YOU AND THE COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.  This means that neither you nor the Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

    These Terms shall be governed by the laws of the State of New York, without regard to its conflicts of laws provisions. Any dispute between you and the Company, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in this Section 14, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case the Company may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, the Company is able to offer the Services at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these Terms.

15. General Provisions.

    1. Entire Agreement. These Terms represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede any and all previous discussions, communications, announcements, or agreements between the parties with respect to such subject matter.
    2. No Waiver. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
    3. References. You agree that we may (i) disclose you and any organization with which you are affiliated and in connection with which you use the Services (“Your Organization”) as a customer of ours and (ii) use your and Your Organization’s name and logo on the Website and in our promotional materials.
    4. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.
    5. Assignment. You ****may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms, in whole or in part, without our prior written consent, and any such assignment without such consent shall be null and void. Company has the right to transfer, assign, or otherwise dispose of these Terms without your consent.
    6. No Third Party Right. These Terms are intended to be and are solely for the benefit of the Company and you and do not create any right in favor of any third party.
    7. Survival. The provisions of these Terms which by their nature are intended to survive termination of these Terms shall survive any such termination.