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Terms of Service

[Important Note]

These Terms of Service are no longer in effect. They have been superceded by a new version.

The FluidReview.com website is owned and operated by Fluidware Corporation (formerly called Chide.it) (“we” or “Fluidware”). We provide and maintain an Internet Web site (the “Site”) for our users to access our services (“You” or “User”). On our Site we provide hosted tools and processes to allow you to create individualized FluidReview Sites, facilitate user registrations, provision the upload of multi-media, use related services (collectively and as applicable, “Services”).

The Services and use of the Site are provided to you subject to the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Agreement”) and our Privacy Policy. The terms and conditions below comprise the entire agreement between you and Fluidware and supersede all prior agreements between us.

1. ACKNOWLEDGEMENT & ACCEPTANCE.

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY EXECUTING THIS AGREEMENT, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.

2. USER RESPONSIBILITIES.

These Terms of Use give you important obligations. You agree to the following responsibilities:

  • Compliance with our Anti-Spam policy. Please see Section 7 below.
  • Lawful use of the Services only. Please see Section 8 below.
  • Creation and maintenance of all content in the account including but not limited to web-pages, surveys/forms, application submissions and the content thereof, email content, address books and current billing and contact information.
  • Email list and Address Book maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email lists and the address book.
  • Payment of all agreed subscription fees.
  • You are responsible for all activity, usage and content posted under your FluidReview Site (even when Content is posted by others who have accounts under your account).
  • Compliance with all other obligations set forth in these Terms of Use.

We will not de-activate your account while your subscription is active except for violations to Section 7 or 8 below. You enter and use the Site and the Services at your own risk. Fluidware is not responsible for your activities, application process, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We recommend that you keep track of content submitted by registrants to your FluidReview site (including but not limited to Applicants, Reviewers, Recommenders and Administrators) and other data in your own personal records. We are not responsible for the deletion of any data that is in or has been added to your account(s). If a User account remains inactive for a period of 18 months, we may deactivate the account.

3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.

You acknowledge and agree that we may, upon notice, modify the Services and/or the Site. We will notify you of changes we make by posting a notice on our site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your subscription or other use within ninety (90) days following your receipt of the notice. Your use of the Site or the Services after your receipt of the notice shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

4. PAYMENT TERMS; CANCELLATION.

You agree to pay, and we will automatically charge, all agreed account fees and including any applicable taxes, at the rates in effect when the fees are incurred. .You may cancel your subscription at any time by sending us an email: support@fluidreview.com. Upon receipt of your cancel selection, we will promptly terminate your access to the Services. No refunds of subscription fees will be given.

5. REGISTRATION & PASSWORD.

You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.

6a. PRIVACY.

We are committed to protecting the privacy and confidential information of Users per the Privacy policy on our website. You agree to maintain and comply with a privacy policy that is consistent with the Fluidware Privacy Policy. You are responsible for all decisions with respect to the personally identifiable information of persons that respond to your surveys or to whom you send surveys. You represent and warrant that your FluidReview site(s) will not target children under 13 and that you will not knowingly collect personally identifiable information from children under the age of 13.

6b. CONFIDENTIALITY.

We agree not to use any of your Confidential Information (defined below) for any purpose except as necessary to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. “Confidential Information” may include, solely to the extent entered into the Services or Site by you, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you;
(b) Confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information, including but not limited to all information (including e-mail addresses) of your e-mail targets. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

7. ANTI-SPAM POLICY.

FluidReview.com, a leading Web-based application for receiving and reviewing application submissions that may include documents, forms, videos/audio and other multimedia, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient’s email box and waste the recipient’s time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services, like FluidReview, to Users, like you.

To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a “zero tolerance” stand against spam. You acknowledge, warrant and agree that:

  • You will not engage in any spamming activities in your use of the Services.
  • You understand that Fluidware is serving as a “website host” and is not the sender or originator of any communication to registrants of your FluidReview Site, and that you are therefore solely responsible for your email activities using the Services.
  • You warrant that you either have an ongoing business or personal relationship with or have obtained consent to send email messages to registrants of your FluidReview Site.
  • Your use of the Site and Services will not violate any Canada or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
  • If you engage in any unlawful spamming activity, Fluidware will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement persons or entities.
  • We may request at any time that you provide proof that your email recipients have agreed to receive email messages from you.

We will terminate the account of any User determined to have used the Services in connection with any spam email or otherwise breached these Terms of Use. Please be advised that we may also terminate your account if your mailings result in high bounce rates, a report or complaint of spam against the sender, poor monitoring of recipient consents including lax address book and email/mobile phone list management, or lack of compliance with anti-spam guidelines. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good email practices.

8. OTHER PROHIBITED USES.

You acknowledge, warrant and agree that:

  • You will not transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist,
    illegal or otherwise objectionable material or content.
  • You will not send any transmission that attempts to hide your identity or represents you as someone else.
  • Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
  • You will not use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until you have taken and follow all necessary action and compliance pursuant to state and federal laws.
  • You will not upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer, the Service or the Site.
  • You will not interfere with or disrupt networks connected to the Service and the Site.
  • Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for Fluidware, is strictly prohibited.
  • You will comply with all laws, rules and regulations regarding transmission of technical data exported from Canada.

If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms of Use, your account will be terminated and use of the Service and Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

9. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, FLUIDWARE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FLUIDWARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

FLUIDWARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY FLUIDREVIEW SITE OR INVITATIONS TO PARTICIPATE IN A FLUIDREVIEW SITE IN ANY WAY, NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO THE SITE OR FOR THE RESULTS GENERATED BY REPORTS ON THE SITE NOR FOR ANY USAGE OF THE SITE BY USERS WHO PARTICIPATE IN YOUR FLUIDREVIEW. FLUIDWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO FLUIDWARE NOR THE RESPONSES OR INFORMATION SUPPLIED BY REGISTRANTS/PARTICIPANTS/USERS TO FLUIDREVIEW SITES. FLUIDWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY FLUIDREVIEW SITE OR RESPONSES SUBMITTED TO A FLUIDREVIEW SITE NOR DOES FLUIDWARE WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OF RESULTS DISPLAYED OR REPORTS GENERATED BY FLUIDREVIEW SITES. FLUIDWARE IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY FLUIDREVIEW SITE CREATED, DATA COLLECTED & DISPLAYED AND REPORTS GENERATED ON OR THROUGH THE SERVICES OF THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY ASPECTS OF YOUR FLUIDREVIEW SITE AND DATA GATHERED AND DISPLAYED ON YOUR FLUIDREVIEW SITE.

10. LINKS AND ADVERTISERS.

We will not post ads on your FluidReview account. Fluidware may provide advertising space and/or links and pointers to Internet sites maintained by third parties. Fluidware has not reviewed all of the third -party sites nor reviewed any products or services they may provide. Fluidware is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. FLUIDWARE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. FLUIDWARE DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

11. TERMINATION.

The Service will not be terminated by Fluidware during the course of your paid contracted period, except for violations on use as noted above. Fluidware shall not be liable to you or any third party in any manner for termination of the Service. In the event you should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the Service and the Site cease immediately and Fluidware shall have no obligation whatsoever to retain, forward or make available to you any surveys, survey responses or survey results.

12. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Fluidware, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Site or the Service, FluidSurveys sites and data collected/displayed, reports generated and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

13. JURISDICTION.

These Terms of Use and the relationship between you and Fluidware shall be treated as if entered into and executed in the province of Ontario and shall be governed and construed in accordance with the laws of the province of Ontario, without regard to conflict of law principles, and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree to submit to personal and exclusive jurisdiction and venue of the courts in Ontario, Canada. Fluidware makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.

14. NATURE OF AGREEMENT.

You agree that your completion of the registration procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between you and Fluidware and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that you may provide to us in respect of the Site or Services. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms of Use. You also agree that any users that participate in a FluidReview site that is licensed for your use by you will form a legal relationship with your organization and will have no relationship with Fluidware Inc. in any way.

15. GENERAL PROVISIONS.

In any dispute arising from the relationship between you and Fluidware or these Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. The failure by either party to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.

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