Jive is the sole owner of the information collected on the site. Jive may collect information at several different stages. First, we collect anonymous, aggregate information from all visitors to the site. This type of information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of our site. Second, we require the submission of certain personally identifiable information (name and e-mail address) when you sign up for a user account. Registration allows you to post to our Support Forums and otherwise access a broader range of online resources. The same items of personal information are required if you subscribe to receive our newsletter, or if you send an e-mail inquiry to our customer service department. Some additional information (telephone number and company name) is required if you download an evaluation copy of one of Jive's software products.
Jive complies with the requirements of the Childrens Online Privacy Protection Act (COPPA) and the FTC's Rule interpreting COPPA (16 CFR § 512). Jivesoftware.com is not directed to children and does not knowingly collect any personally identifiable information from children under 13 years of age.
Jive does not sell, rent or share customer information with any third party not affiliated with or owned by Jive, except service providers who assist Jive in such areas as data storage or direct mailing. Jive will never give or sell your personal information to be used for the purposes of sending you unsolicited commercial offers (such as spam) from any third party. We may send you infrequent e-mail notices regarding Jive products or services that may be of interest to you. You may choose not to receive these notices. To opt-out of Jive's mailing list, click the link at the end of the e-mail, log in to your account and change the preferences, or send e-mail to our customer service department. We will promptly honor your opt-out request. We will use your e-mail address to send you the Jive newsletter if you have requested it, but we will promptly honor your request to unsubscribe from the newsletter. We may need to contact you regarding the status of an order or in response to a request from you. You may not opt-out of these kinds of communications.
We may store information that we collect through cookies and log files to create a profile of our customers. A profile is stored information detailing how individual customers use the site. Collected information in a profile is tied to the customer's personally identifiable information. However, your profile is used solely for internal purposes, to help us improve the experience of our customers. We do not share your profile with any third parties.
A cookie is a small text file stored on the customer's hard drive for an extended period of time. The cookies can be removed by following Internet browser help file directions. Allowing the Jivesoftware.com cookie to remain on your computer makes it easier for you to log in to and use the site. If you reject the cookie, you may still use the site, but you will be required to verify your identity at various points.
Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track a customer's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.
In the event Jive goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, our customers' personal information may be part of the assets transferred. Customers will be notified via prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.
Jive reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Jive will not be liable to you for any modification, suspension or discontinuance of the Service.
When you create a user account, upon completing Jive's registration process you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Jive of any unauthorized use of your password or account or any other breach of security, and to ensure that you log off at the end of each session. Jive is not liable to you for any loss or damage arising from your failure to comply with this Section.
You acknowledge that Jive does not control the content of postings to the Support Forum (the "Content"). You are solely responsible for any and all Content posted or otherwise transmitted through the Service by you or under your password and account, and you acknowledge that each person posting or transmitting Content through the Service is likewise responsible for that Content. Jive is not liable for errors or omissions in the Content or for loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
Although Jive does not exercise editorial control over the Content, we reserve the right to take action to prevent the misuse of the Service for unlawful or objectionable content. Accordingly, you agree not to use the Service to post, upload, or transmit any Content that is: (1) unlawful under the laws of any jurisdiction to which you or Jive are subject; (2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations); (3) insider information, or any other proprietary or confidential information; (4) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right; (5) falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or (6) containing or transmitting software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software. You agree to indemnify and hold harmless Jive from any liability incurred as the result of your violation of these Terms, in accordance with the provisions of Section 21 of these Terms.
Jive will comply with applicable laws respecting copyright. If you believe your copyright in a work has been infringed through our Service, please contact our agent for notice of claims of copyright violation via e-mail at firstname.lastname@example.org, or at ATTN: Legal, 317 SW Alder, Suite 500, Portland OR 97204. You must provide our agent with the following information in writing: (1) a description of the copyrighted work you believe has been infringed; (2) information sufficient to identify the location of the allegedly infringing material on the Service; (3) your address, telephone number, and email address; (4) a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; (5) your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may terminate the account of the registered user responsible for posting or transmitting the infringing material.
Jive, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and that Jive will not be liable to you for termination of your access to the Service.
You must be at least 18 years of age to have a registered user account. You agree to: (a) provide accurate, current and complete information about yourself (the "Registration Information") as prompted by the registration form, and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jive has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
This Web site contains links to other sites. Jive is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by Jivesoftware.com.
Jive takes commercially reasonable precautions to protect our customers' information. For example, when you log on to change your personal information, we encrypt your communications with SSL 128-bit encryption, the industry standard. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information.
While we use encryption to protect sensitive information online, we also make an effort to protect your information off-line. All of our customers' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers that store your personally identifiable information are housed in a secure environment.
If you have any questions about the security at Jivesoftware.com, you can send a message to Customer Service.
If your personally identifiable information changes, you may correct, update or delete and deactivate our record of your personally identifiable information. Log in to your account to change your information.
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. Jive does not warrant that the Service will be available at any given time,
secure, or free of error. You use the Service at your own risk, and you assume the risk that any
material downloaded by you from the Service may cause loss of data or damage to your
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL JIVE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF JIVE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
You agree that any claims under these Terms will be subject to the laws of the State of Oregon and of the United States of America, and you hereby consent to the exclusive jurisdiction of, and venue in the courts of the State of Oregon.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of the Service, by you or any other person accessing the Service using your account.
These Terms create no third party rights or obligations between Jive and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Jive of strict performances of any provision of these Terms will not be a waiver of or prejudice Jive's right to require strict performance of the same provision in the future or of any other provision of these Terms.
These Terms constitute the entire agreement between the parties as to their subject matter, and there are no promises, terms, conditions, or obligations between the parties as to the subject matter of these Terms, other than those contained in these Terms. No modification of these Terms will be valid unless in writing and signed by both parties.
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