Invoke Solutions, Inc.
Terms of Use

INVOKE SOLUTIONS, INC. ®
TERMS OF USE

Each statement in this Terms of Use document will outline the term in a basic manner followed by its respective legal language.

The basics…

Invoke appreciates and respects your use of our software and services, and, in return, wishes you to utilize the software with a similar form of care.  So once you start to use our software, you are agreeing to use it responsibly.  Please read these Terms of Use carefully before using software by Invoke Solutions, Inc. and/or participating in any event.

The legal way of saying it…

IMPORTANT — READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SOFTWARE FROM INVOKE SOLUTIONS, INC. AND/OR PARTICIPATING IN ANY EVENT: These Terms of Use for Invoke® Software and Events (“Terms of Use”) constitute a legal agreement between you (either an individual or an entity) (hereinafter “You”) and Invoke Solutions, Inc. and its suppliers and licensors (collectively “Invoke”) relating to and governing Your use of the Invoke® event participation software (the “Software”). YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

  1. Software License Grant.

The basics…

You may use our web-based software for a defined period of time as long as you agree to these Terms of Use.  It should be used only by you.  If you share it with someone else in your organization, they should also agree to these Terms of Use.

The legal way of saying it…

(a) Subject to the terms and conditions contained in these Terms of Use, Invoke® hereby grants to You a non-exclusive, non-transferable, limited license to use the Software and any related documentation (“Documentation”), solely in connection with an event, or any part thereof (an “Event”) approved and supported by Invoke® or its licensee and provided over the Internet, including without limitation, the World Wide Web portion thereof (or similar or successor network, all of which, whether public or private, are collectively referred to herein as the “Internet”).

(b) Subject to the terms and conditions hereof, You may permit an individual (if You are an entity) or another individual (if You are an individual) to utilize the Software, provided, however, that: (i) such individual (or other individual) agrees to be bound by the terms and conditions contained in these Terms of Use; and (ii) You shall, in all such cases, remain primarily liable to Invoke® hereunder.

 

  1. Software License Restrictions.

The basics…

Please don’t attempt to crack or copy our software and use it for purposes not originally intended.  Just use it as it is.

The legal way of saying it…

(a) You may not: (i) permit other individuals to use or access the Software, except under the terms and conditions listed above; (ii) modify, translate, reverse engineer, decompile, disassemble or otherwise derive the source code of the Software (except to the extent that this restriction is expressly prohibited by law); (iii) create derivative works based upon the Software or Documentation; (iv) copy the Software or Documentation (except for back-up or archival purposes); (v) rent, lease, transfer, or otherwise transfer or distribute rights to the Software or Documentation; or (vi) remove any proprietary notices or labels on or affixed to the Software or Documentation. Any action taken by You which is prohibited by these Terms of Use shall immediately terminate Your license to the Software.

(b) You agree that You will only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdiction(s) in which You use the Software and Documentation, including without limitation, applicable restrictions concerning copyright and other intellectual property rights.

(c) You may only utilize the Software for Your personal and individual use, and solely in connection with Your participation in an Event. You may not use the Software to provide time-sharing or service bureau services to third parties. All rights not expressly granted under these Terms of Use are reserved by Invoke®.

  1. Software Ownership and Title.

The basics…

Pretty straight forward: We wrote the software; we own the software.

The legal way of saying it…

Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in and with Invoke®. The Software is protected by the copyright and other laws of the United States and other countries and international copyright treaties.

  1. Information and Communications.

The basics…

Our software is web based and uses standard, modern-day tracking and communication techniques such as sending email and dropping cookies.  We collect information about our users as part of the survey and engagement services delivered to our customers; but also review how users interact with our site in order to improve our software.  Keeping your data private is important to us and can be seen in our Invoke Privacy Policy.

The legal way of saying it…

(a) As part of its normal and intended operations, the Software sends and receives a variety of communications over the Internet. By using the Software, You consent to and acknowledge the existence of the Software’s communications features. The Software also employs the use of “cookies,” similar to an Internet browser. Through various other features of the Software, Invoke® may also collect and store personally identifiable information for administrative, product design and technical purposes. All information collected and communicated by the Software, or collected in connection with Your acquisition of the Software, will be treated by Invoke® in accordance with the Invoke® Privacy Policy, which is available at http://online.invokesolutions.com/legal/en/privacypolicy.htm (the “Invoke Privacy Policy”). Without limiting any terms of the Invoke® Privacy Policy, You acknowledge that certain information collected and communicated by the Software will be shared with and may be owned by the organizer of the Event, and information transmitted by You through the Software during the course of an Event may be shared with other participants in the Event.

(b) You acknowledge that Internet connectivity is required for the use of the Software and participation in any Event and that You are responsible for any telecommunications, connectivity or other charges incurred through Your use of the Software.

  1. User Conduct

The basics…

When filling out information in our software, please be kind and respectful of the readers of your feedback, as well as the community in which you are communicating.  Don’t write mean things – it’s bad karma.

The legal way of saying it…

When using the website, you shall not post or send to or from the website:

(a)          content for which you have not obtained all necessary consents;

(b)          content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the website is being used;

(c)           content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

Invoke will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the website in breach of the this Section.

You shall not use our website while distracted or preoccupied, such as when operating a motor vehicle.  You should access our website only with due regard for your own safety and the safety of others.

  1. Confidentiality

The basics…

When participating in an Invoke Event or Service, please do not copy or share what you have seen, read, or heard with anyone.  Our customers are expecting these sessions to be confidential in nature and are really counting on your trust.

The legal way of saying it…

The contents of Invoke Events and Services and any documentation are confidential and are intended solely for You as a participant. The information may also be legally privileged. Even if you have viewed this content in error, any use, reproduction or dissemination of this transmission is strictly prohibited. If you are not the intended participant, please immediately notify Invoke by contacting them at the addresses listed at the end of these Terms.

  1. Warranties and Liabilities.

The basics…

This is the part where we articulate that just because you are using our software, we are not responsible for anything that has happened to you that has nothing to do with what we do.

The legal way of saying it…

(a) NO WARRANTIES. THE SOFTWARE IS PROVIDED TO YOU, AND THE EVENT IS CONDUCTED, “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. Invoke® EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SOFTWARE OR THE USE OR INABILITY TO USE THE SOFTWARE OR PARTICIPATE IN ANY EVENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM ANY USE OF THE SOFTWARE OR PARTICIPATION IN ANY EVENT OR INFORMATION TO BE DERIVED THEREFROM. NOTWITHSTANDING THE FOREGOING, YOU MAY HAVE CERTAIN RELATED RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

(b) LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL INVOKE® BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF INVOKE ® SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHER, IN NO EVENT SHALL INVOKE ®LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED FIVE DOLLARS ($5.00).

  1. Indemnification.

The basics…

You should be responsible when using our software for its intent: market research to manage customer relationships, conduct online surveys and research (“Events”), and facilitate employee training programs.  The Invoke servers are based in the United States, and therefore abide by local law.

The legal way of saying it…

The Software is intended for use only in connection with an Event. You agree to indemnify, defend and hold harmless Invoke®, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that You have violated these Terms of Use. If You are using the Software outside the United States, You shall indemnify and hold Invoke® harmless from and against any international duties or other claims arising from such usage.

  1. Termination.

The basics…

If you can’t abide by the rules, you shouldn’t be using our software.

The legal way of saying it…

These Terms of Use will automatically terminate if You fail to comply with any term hereof. No notice shall be required from Invoke® to effect such termination. You may also terminate these Terms of Use at any time by notifying Invoke® in writing of termination. Upon any termination of these Terms of Use, You shall immediately discontinue use of the Software.

  1. Assignment.

The basics and the legal are pretty much the same for this one…

These Terms of Use are personal to You, and may not be assigned without Invoke® express written consent.

  1. Government Uses.

The basics…

Our software has a certain level of compliance in the United States.

The legal way of saying it…

If You are an agency of the U.S. Government, the following will apply: The Software has been developed entirely at private expense, is regularly used for non-governmental purposes and has been licensed to the public. The Software is a “commercial item” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. 12.212 (Sept. 1995) or as “commercial computer software” as that term is defined in 48 C.F.R. 252.227-7014 (June 1995) or any equivalent agency regulation or contract clause, whichever is applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government agencies acquire only those rights to the Software as are expressly set forth herein.

  1. Additional Legal Terms.

The basics…

Invoke is based in the United States and complies appropriately with in-country requirements.

The legal way of saying it…

Invoke makes no representations that the content or the website are appropriate or may be used or downloaded outside of the United States. Access to the website and/or the content may not be legal in certain countries outside of the United States. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website. The website is subject to the United States export control law and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on the website, as may be required.

These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if these Terms of Use were a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. Neither this Agreement, nor your use of Invoke Services or of this website creates an agency, partnership or employer/employee relationship between Invoke and you. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. All rights not expressly granted herein are hereby reserved.

These Terms of Use are the entire and final agreement regarding this website, its Content and the Services and supersede any prior or contemporaneous communications between Invoke and you regarding this website, its Content and the Services.

OUR CONTACT INFORMATION

Invoke Solutions, Inc.
395 Totten Pond Rd

Waltham, MA 02451

help@invoke.com