Broadstripes LLC Terms of Service
Last Updated: December 4, 2014
Section 1. The Nature of This Agreement
1.1 This document defines the Terms of Service (the “Terms”) between you and Broadstripes LLC ("Broadstripes"), a software vendor whose principal place of business is 760 Chapel St, New Haven, CT 06515. Broadstripes LLC is the maker of Broadstripes CRM, a web-based labor organizing software platform (the "Service").
1.2 You have been invited to use the Service because of an affiliation with an organization that has contracted with Broadstripes for the provision of the service ("your Organization"). You are bound by the terms of your Organization's contract as well as by the terms specified here.
1.3 Your use of the Service is subject to these Terms, and to the Broadstripes LLC Privacy Policy and the Broadstripes LLC DMCA Policy.
Section 2. Changes to the Terms
2.1 Broadstripes reserves the right to make changes to the Terms from time to time. When these changes are made, Broadstripes will make a new copy of the Terms available at http://www.broadstripes.com/terms.html, and you will be presented with the new terms and an opportunity to accept them upon your next login to the Service. You understand and agree that your continued use of the Service after the date on which the Terms have changed will depend on your acceptance of the new Terms. If a modification is unacceptable to you, you may terminate the agreement by ceasing use of the Service.
Section 3. Accepting the Terms
3.1 In order to use the Service, you must accept the Terms. You can accept the Terms by clicking the button labeled "I Agree".
3.2 By creating a user account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms and your use of the Service.
Section 4. Your Account
4.1 You have been invited to create a user account by a project administrator affiliated with your Organization ("your Project Administrator").
4.2 The unique combination of your username and password are a primary security mechanism for the data to which your user account has access. You agree to keep them secret and confidential, and to use all reasonable means to prevent their inappropriate disclosure to any third party.
4.3 You agree that you will be solely responsible for any activities or actions taken with your user account, whether or not you have authorized such activities or actions. If you become aware of any unauthorized use of your password or your user account, you agree to notify Broadstripes and your Project Administrator immediately.
4.4 You agree to use the Service only in the ways explicitly contracted for by your Organization, and only in the capacity of your role working with or for your Organization, and as authorized by your Organization.
4.5 You agree not to share your user account with anyone else, whether or not they are affiliated with your Organization.
4.6 Broadstripes reserves the right to suspend or terminate your user account in the event of a security breach or misuse of the account, whether by you or a third party.
Section 5. Your Responsibility for Submitted Content
5.1 You are responsible for any text, data, graphics, images, and other content (the "Content") made available through the Service that you post, upload and otherwise submit to the Service, and the consequences of submitting it.
5.2 You agree not to submit Content that in any way violates all applicable local, state, Federal, and foreign laws or the rules and by-laws of your Organization.
5.3 In connection with the Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use, and hereby do authorize Broadstripes to use, all rights in and to any and all of the Content in the manner contemplated by the Service and these Terms.
Section 6. Ownership and Confidentiality of the Content
6.1 You agree that, upon submission, the Content becomes the confidential property of your Organization.
6.2 You agree not to download, copy, duplicate, distribute, or otherwise manipulate the Content in any way not explicitly authorized by your Organization.
Section 7. Ownership and Confidentiality of the Service
7.1 You agree to respect the confidentiality of the Service, and not to share or disclose images, text, screen captures, or other representations of the Service to any unauthorized third party without express permission from Broadstripes.
7.2 You acknowledge and agree that: (i) the Service and its component elements (including but not limited to the software, system design, page layouts and overall “look and feel”) are the exclusive intellectual property of Broadstripes or used with permission of the owner(s) of such material; (ii) these Terms confer only a limited License to access and use the Service for the limited purposes set forth herein; (iii) as between you and Broadstripes, all rights in the Service, including but not limited to all intellectual property rights, are owned by Broadstripes; (iv) certain elements of the Service, including the algorithms, concepts, procedures and processes accessed via the Service are confidential and contain proprietary information, including but not limited to trade secrets, which you agree to maintain in confidence and treat accordingly.
Section 8. Links to Other Sites
8.1 From time to time, the Service may provide links to other websites that are not controlled and/or maintained by Broadstripes. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, Broadstripes shall not be deemed to endorse, recommend, approve, guarantee, or introduce any third party or any third party's services or products, or any facts, views, advice, information and/or products found on any such website. Broadstripes is not responsible for the content contained on any such website, or for the failure of any product or service referenced, offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned and/or controlled by other organizations. Moreover, such other websites may have privacy policies or terms and conditions of use that differ from those of the Service and/or may provide their users with less security than this Service.
Section 9. Restrictions
9.1 The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Service:
upload, post, email or otherwise transmit (1) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content or your Organization); or (2) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
knowingly submit or use any false or inaccurate information;
circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Service;
attempt to or actually access the Service by any means other than through the interface provided by Broadstripes;
attempt to probe, scan or test the vulnerability of any Broadstripes system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Service;
use the Service in any way that competes with Broadstripes; or
encourage or instruct any other individual to do any of the foregoing.
Section 10. Disclaimers
10.1 Your use of the Service and Content is at your sole discretion and risk. Broadstripes will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Service. You acknowledge and agree that Broadstripes will not be liable for any damages whatsoever relating to your use or evaluation of the Service. Broadstripes does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Service; or (ii) that the Service and/or Content will be error-free or that any errors will be corrected.
10.2 The Service and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. BROADSTRIPES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Broadstripes, will create any warranty not expressly stated in this Agreement.
Section 11. Indemnity
11.1 You agree to defend, indemnify, and hold Broadstripes, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your violation of these Terms; or (ii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
Section 12. Limitation of Liability
12.1 IN NO EVENT WILL BROADSTRIPES, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BROADSTRIPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Section 13. Exclusion
13.1 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Section 14. General
14.1 These Terms shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. Any claim or dispute between you and Broadstripes that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New Haven County, Connecticut. These Terms shall constitute the entire agreement between you and Broadstripes concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Broadstripes’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.2 Broadstripes reserves the right, in its sole discretion, to modify, discontinue or terminate the Service at any time, or modify these Terms with notice provided as described above in Section 2. All modified terms and conditions will be effective after the new terms and conditions have been posted on the Broadstripes website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Service, and if applicable, cancel your user account.
Broadstripes LLC Privacy Policy
Last Updated: December 4, 2014
Broadstripes LLC ("Broadstripes" or "we") has created this privacy policy (the "Policy") to explain our privacy practices so you will understand when and how information is collected, used, disclosed and protected with respect to our Broadstripes CRM service (the "Service") and Web site located at http://www.broadstripes.com (the "Site"). By using the Service, you consent to the privacy practices described in this Policy.
Because of changes in technology and the growth and development of our business, Broadstripes may need to modify this Policy from time to time. Changes to this Policy are discussed at the end of this document.
Section 1. Types of Information We Collect About You
Broadstripes collects, uses and discloses two types of information: Personal Information and Non-Personal Information. "Personal Information" is information that is directly associated with a specific person or entity such as a user's name, initials or nickname, e-mail address, and user-chosen ID and password. "Non-Personal Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.
Section 2. Children
The Site is not intended for children under 13 years of age. We do not knowingly collect information from children under the age of 13.
Section 3. Gathering, Use, and Disclosure of Non-Personal Information
3.1 Gathering Non-Personal Information
3.1.1 Web Browsers
Like most Site operators, Broadstripes gathers from users of the Site Non-Personal Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol ("IP") address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Site.
3.1.2 Cookies
A cookie is a small amount of data, often including an anonymous unique identifier, that is sent to your browser from a Site's computers and stored on your computer's hard drive. Most browsers automatically accept cookies as the default setting. Broadstripes uses cookies to track a user's use of the Site during each Site session, both to help Broadstripes improve users' experiences and to help Broadstripes understand how the Site is being used. YOU CAN MODIFY THE SETTING TO REJECT COOKIES OR TO PROMPT YOU BEFORE ACCEPTING A COOKIE FROM THE SITES YOU VISIT BY EDITING YOUR BROWSER OPTIONS. IF YOU DECIDE NOT TO ACCEPT OUR COOKIES, HOWEVER, YOU WILL NOT BE ABLE TO USE THE SERVICE.
3.1.3 Google Web Analytics Service
Broadstripes also uses cookies as part of the Google Web Analytics service that Broadstripes uses on the Site. Broadstripes may collect, use and disclose Non-Personal Information by means of the cookies used in connection with Google Web Analytics, and such use is subject to this Policy. In addition, Google may collect Non-Personal Information about you by means of the Google Web Analytics service. Google's use of this Non-Personal Information is subject to the Google Privacy Policy (currently located at http://www.google.com/intl/en/policies/privacy/). For further information about third parties' collection of Non-Personal Information and Personal Information by means of the Site, please see Section 5 below.
3.1.4 Internal Web Analytics Service
Broadstripes also uses cookies as part of an internal Web Analytics system that we created for the Site. Broadstripes may collect and use Non-Personal Information by means of the cookies used in connection with the Service, and such use is subject to this Policy. We will only disclose such information to administrators affiliated with your Organization.
3.1.5 Web Beacons
A "Web Beacon" is an object that is embedded in a web page or email message. It is usually invisible to users but allows Site operators to check whether a user has viewed a particular web page or email message. Web Beacons collect only a limited set of information including a cookie number, time and date of a page or message view, and a description of the page or message on which the Web Beacon resides.
You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Site.
3.2 Use of Non-Personal Information
Broadstripes analyzes Non-Personal Information gathered from Site users to help Broadstripes better understand how the Site is being used. By identifying patterns and trends in usage, Broadstripes is able to better design the Site to improve users' experiences, both in terms of content and ease of use. Broadstripes does not link information gathered using cookies and Web Beacons to Personal Information.
3.3 Disclosure of Non-Personal Information
We use cookie technology to: (i) collect information so that we can improve our Site by seeing which areas and features are most popular; (ii) personalize the Site and improve the Site experience; and (iii) allow you to visit the Site without re-entering your member ID and/or password during a continuous session.
We may share Non-Personal Information about our users in the aggregate with third parties for various purposes, including to help us better understand and improve our Service.
Section 4. Collection, Use, and Disclosure of Personal Information
4.1 Collection of Personal Information
As defined above, Personal Information is information that can be directly associated with a specific person or entity. We collect a range of Personal Information from and about Site users. Much of this Personal Information is information provided by users themselves when they register with the Site and use the Site and Service. For example, when you register with the Site to use the Service, you may submit, your name, initials or nickname, and e-mail address. You also create a user-chosen password for your use when accessing the Service. In addition, we may collect and retain information that identifies you personally when you send us feedback comments, questions or suggestions.
Site users are under no obligation to provide Broadstripes with Personal Information of any kind, with the caveat that a user's refusal to do so may prevent the user from using certain Site features. BY REGISTERING WITH THE SITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION SECTION.
4.2 Use of Personal Information
Broadstripes may use the Personal Information a user submits for any purposes related to Broadstripes's business purposes, including, but not limited to: (i) understanding a user's needs; (ii) generating statistical studies; (iii) estimating audience size; (iv) measuring aggregate traffic patterns; (v) understanding Site demographics, customer interest and other trends about users; (vi) improving Services, information and products; (vii) communicating back to the user; (viii) providing a user with Services or support; (ix) updating the user on Services, information and products; (x) personalizing the Site for the user; (xi) notifying the user of any changes with the Site which may affect the user; (xii) enforcing terms of use on the Site; and (xiii) allowing the user to access Services or otherwise engage in activities the user selects.
4.3 Disclosure of Personal Information
As described in Section 4.1 ("Collection of Personal Information"), users may, at their option, disclose their own Personal Information by any means they choose. Broadstripes will also disclose Personal Information, in the following circumstances:
4.3.1 Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat Rooms, Project Web Services or Similar Services
You may post Personal Information on areas of the Site that may be viewed by other users or the public, although we recommend that you not do so. We urge you to use good judgment and not post Personal Information that you do not want other users to know.
Users may not be able to change or remove public postings once they are posted. Such Personal Information may be used by visitors of these pages to send you unsolicited messages.
YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION.
4.3.2 DMCA Infringement Notifications, Notices of Violations of Site Terms of Service and Other Communications Directed to Broadstripes
By submitting a Digital Millennium Copyright Act ("DMCA") Infringement Notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications, upon request, Broadstripes will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to Broadstripes without any deletions.
All use of the Site and the Service is subject to the Broadstripes LLC DMCA Policy.
4.3.3 Surveys
From time to time, Broadstripes may also ask Site users to participate in surveys designed to help Broadstripes improve the Site. Any Personal Information provided to Broadstripes in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Policy only in non-personally-identifying, aggregated form.
4.3.4 Employees and Third Party Processors
Broadstripes will disclose Personal Information to those Broadstripes employees, contractors, affiliates, vendors and suppliers who process Personal Information on Broadstripes's behalf or participate with Broadstripes in the provision or operation of the Site.
4.3.5 By Law, to Protect Rights and to Comply with Broadstripes Policies
Broadstripes discloses Personal Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) Broadstripes believes at its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of Broadstripes, other users, third parties or the public at large; and (3) Broadstripes believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
4.3.6 Business Transfers; Bankruptcy
Broadstripes reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Broadstripes assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
Section 5. Collection and Use of Information by Third Parties Not Covered by This Policy.
Third parties are under no obligation to comply with this Policy with respect to Personal Information or Non-Personal Information that users provide directly to those third parties or that those third parties collect for themselves (including, without limitation, Google as described in Section 3.1.3). Please be aware that we may provide links to third party Sites as a service to our users and we are not responsible for the content or information collection practices of those sites. Broadstripes does not control the third party websites accessible through the Site. This Policy does not apply to information provided to or gathered by third parties that operate them. Third parties' privacy policies will differ from those of Broadstripes. Therefore, we encourage you to review and understand third parties' privacy practices before visiting third party sites or providing third parties with information, and take those steps necessary to, in your discretion, protect your privacy.
Section 6. Security
Broadstripes takes reasonable precautions to prevent unauthorized release, corruption, or loss of your personal and project data. However, neither people nor security systems are foolproof. Therefore, while we have taken efforts to guard your personal information, we cannot guarantee its absolute security.
Section 7. Modifying Your Personal Information
If you are a registered user of our Service, you may view, correct, and delete your personal information, simply by logging into the Service and editing your profile.
Section 8. Updating This Policy
We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. The first time you log in to the Service after any revision is made to the Policy, you will be alerted to the change, and your acceptance of it will be required for continued use of the Service. In addition, any changes to this Policy will be posted on the Site, and we will update the "last updated" date set forth above.
Section 9. Contacting Broadstripes
Any questions about this Policy should be addressed to
Broadstripes LLC
760 Chapel St
New Haven, CT 06515
or by email to: support@broadstripes.com.
Broadstripes LLC DMCA Policy
Last Updated: December 4, 2014
Use of the Broadstripes CRM services (the "Services") provided by Broadstripes LLC ("Broadstripes") is subject to the following policy. Please review the following terms carefully. If you do not agree to these terms, you are prohibited from using the Services.
User Content
By uploading or contributing any material using the Services, you represent and warrant that any and all intellectual property, content, or media you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
Any copyright infringing material may be removed immediately without notice.
Repeat Offenders
Users who repeatedly violate our terms of services or DMCA policy will have their accounts terminated. If the user is the subject of a DMCA notice, said user will be notified immediately of the notice. The user will have thirty days to evaluate the claim and have an opportunity to file a DMCA counter-notice if they believe they have grounds to do so. Regardless of complaints, user account suspension and termination is at the sole discretion of Broadstripes.
DMCA Compliance
Broadstripes respects the intellectual property rights and other proprietary rights of others. Broadstripes may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. If you believe that your copyright has been infringed by material available through the Services, please provide our Registered Copyright Agent with the following information pursuant to 17 U.S.C. § 512:
- Identification of the copyrighted work that you claim has been infringed
- Describe exactly the material in your complaint, including any applicable URLs and Screenshots
- Your address, telephone number, and email address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner
- Your electronic or physical signature.
The Broadstripes Copyright Agent can be reached as follows:
Tim Holahan
Broadstripes LLC
760 Chapel St
New Haven, CT 06510
For More Information
If you have any questions or comments regarding the above policies, please contact us using the address above.
