Terms and Conditions

• a.  Account and Password
  In order to open an account, you will be asked to provide us with certain information such as an email address and password.
  
  You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Comm1 upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
  
  Unless expressly permitted in writing by Comm1, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Comm1 reserves all available legal rights and remedies to prevent unauthorized use of Comm1, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
  
  If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Comm1 at support@phx-is.com.
  
  
• b.  Third Party Accounts
  Comm1 may permit you to register for and log on to Comm1 via certain third party services. If you log on to Comm1’s website via such third party services (such as a social network or our Android Apps), the profile information connected to the account you use to log into Comm1, including your name, may be used by Comm1 to provide and support your account. You also acknowledge and agree that Comm1 may publish information regarding your use of Comm1 to and in connection with any such third party services with which you use in connection with Comm1. The third party’s use of your information will be subject to that service’s privacy policy. Further information about linking your account and use of Third Party Accounts can be found in our Privacy Policy.

• a.  License To Comm1
  Unless otherwise agreed to in a written agreement between you and Comm1 that was signed by an authorized representative of Comm1, if you submit, transmit, display, perform, post or store User Content using Comm1, you grant Comm1 and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of Comm1 (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content.
  
  
• b.  User Content Representations and Warranties
  You are solely responsible for your User Content and the consequences of posting or publishing it. By entering and publishing your User Content, you represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Comm1 or third parties. Comm1 reserves all rights and remedies against any users who breach these representations and warranties.
  
  
• c.  Content is Entered At Your Own Risk
  Comm1 uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Comm1 does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against Comm1 for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT CREATOR CONTENT USED BY Comm1 HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

• i.  create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
  
  
• ii.  impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Comm1 accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via Comm1, or perform any other similar fraudulent activity;
  
  
• iii.  make unsolicited offers, advertisements, propComm1ls, or send junk mail or spam to users of Comm1, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
  
  
• iv.  harvest or collect the email addresses or other contact information of other users from Comm1;
  
  
• v.  defame, harass, abuse, threaten or defraud users of Comm1, or collect, or attempt to collect, personal information about users or third parties without their consent;
  
  
• vi.  remove, circumvent, disable, damage or otherwise interfere with security-related features of Comm1 or User Content, features that prevent or restrict use or copying of any content accessible through Comm1, features that enforce limitations on the use of Comm1 or User Content, or delete the copyright or other proprietary rights notices on Comm1 or User Content;
  
  
• vii.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Comm1 or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
  
  
• viii.  modify, adapt, translate or create derivative works based upon Comm1 or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  
  
• ix.  interfere with or damage operation of Comm1 or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  
  
• x.  relay email from a third party’s mail servers without the permission of that third party;
  
  
• xi.  access any website, server, software application, or other computer resource owned, used and/or licensed by Comm1, including but not limited to Comm1, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Comm1 may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Comm1, including but not limited to Comm1;
  
  
• xii.  manipulate identifiers in order to disguise the origin of any User Content transmitted through Comm1;
  
  
• xiii.  interfere with or disrupt Comm1 or servers or networks connected to Comm1, or disobey any requirements, procedures, policies or regulations of networks connected to Comm1; use Comm1 in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Comm1, or that could damage, disable, overburden or impair the functioning of Comm1 in any manner;
  
  
• xiv.  use or attempt to use another user’s account without authorization from that user and Comm1;
  
  
• xv.  attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of Comm1 that you are not authorized to access;
  
  
• xvi.  attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
  
  
• xvii.  use Comm1 for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

• a.  Indemnification
  The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
  
  You agree to indemnify, defend, and hold harmless Comm1, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Comm1, any Content you post, store or otherwise transmit in or through Comm1, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Comm1 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Comm1, and you agree to cooperate with Comm1’s defense of these claims. Comm1 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
  
  
• b.  Disclaimers; No Warranties
  The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
  
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) Comm1 AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Comm1; (B) Comm1, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("Comm1 PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO Comm1, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) Comm1 DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON Comm1 ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) Comm1 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE Comm1 ATTEMPTS TO MAKE YOUR ACCESS AND USE OF Comm1 SAFE, Comm1 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT Comm1 OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Comm1 OR THROUGH Comm1 WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM "Comm1" INCLUDES Comm1’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
  
  
• c.  Limitation of Liability and Damages
  Users in the USA and rest of the world (non-EU):  The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
  
  • i.  Limitation of Liability.
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Comm1 OR THE Comm1 PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE Comm1, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Comm1, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Comm1’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Comm1, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE Comm1 EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Comm1 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
    
    
  • ii.  Reference Sites.
    THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Comm1 AND RECEIVED THROUGH OR ADVERTISED ON Comm1 OR RECEIVED THROUGH ANY REFERENCE SITES.
    
    
  • iii.  Basis of the Agreement.
    YOU ACKNOWLEDGE AND AGREE THAT Comm1 HAS OFFERED Comm1, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Comm1, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND Comm1. Comm1 WOULD NOT BE ABLE TO PROVIDE Comm1 TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
    
    
  • iv.  Users in the European Union.
    The following section only applies to you if you are a consumer resident in the European Union: Neither Comm1 and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Use were agreed or updated as applicable. If you are a Subscribing Organization, then you are not granted any rights under this section.
    
    
• d.  Applicable Law and Venue
  PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Comm1 AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Comm1.
  
  You and Comm1 agree to arbitrate any dispute arising from these Terms of Use or your use of Comm1, except that you and Comm1 are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Comm1 agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Comm1 shall be sent to Phoenix Information Systems, LLC., Attn: Legal, 160 Chemawa Road, Keizer, OR 97303. You and Comm1 further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Marion County, Oregon; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Marion County, Oregon have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Comm1 will not commence against the other a class action, class arbitration or other representative action or proceeding.

• a.  Waiver
  If we fail to exercise or enforce any right or provision of these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party.
  
  
• b.  Severability.
  If any provision of these Terms of Use or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
  
  
• c.  Assignment.
  These Terms of Use and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Comm1 without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.
  
  
• d.  Survival.
  Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.
  
  
• e.  Entire Agreement.
  The Terms of Use, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and Comm1 relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Use or Guidelines made by Comm1 as set forth in Section 6 above.
  
  
• f.  Claims.
  If you are a consumer resident in the European Union and you disagree with the Terms of Use, we encourage you contact us as soon as possible after you start using Comm1 at support@phx-is.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).
  
  The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
  
  YOU AND Comm1 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Comm1 MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Comm1.cloud
c/o Phoenix Information Systems, LLC
160 Chemawa Road NE
Keizer, OR 97303