Application Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION (THE “APP”). THESE APPLICATION TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE APP. THE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE APP. BY ACCESSING OR USING THE APP, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

  1. User Eligibility

    The App is provided by Chorus Software Solutions and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, you are not permitted to use the App.

  1. Scope of Terms of Use

    These Terms of Use govern Your use of the App and any related websites, applications, software, and services (collectively, “Services”) available on the App, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the App (“Service Agreement(s)”).

  1. Terms

    By accessing this App, you hereby agree to be bound by and comply with these Application Terms of Use as well as all applicable federal, state, or local laws, rules, and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this App. The materials contained in this App are protected by applicable copyright and trademark law.

  1. Modifications

    Chorus Software Solutions may revise and update these Terms of Use at any time.  Your continued usage of the App after any changes to these Terms of Use will mean You accept those changes. Any aspect of the App may be changed, supplemented, deleted or updated without notice at the sole discretion of Chorus Software Solutions. Chorus Software Solutions may also change or impose fees for products and services provided through the App at any time in its sole discretion. Chorus Software Solutions may establish or change, at any time, general practices and limits concerning other Chorus Software Solutions products and services in its sole discretion.

  1. Privacy Policy

    The Chorus Software Solutions Privacy Policy (available at https://chorus.github.io/Chorus-Documentation/docs/LegalDocs/PrivacyPolicy.html) governs the use of information collected from or provided by You at the App. With respect to any individual whose personal information is provided by You to Chorus Software Solutions, You represent to Chorus Software Solutions that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Chorus Software Solutions Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

  1. License and Ownership

    Any and all intellectual property rights (“Intellectual Property”) associated with the App and its contents (the “Content”) are the sole property of Chorus Software Solutions, its affiliates, or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the App are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the App are trademarks, service marks or trade dress (“Marks”) of Chorus Software Solutions, its affiliates or other entities that have granted Chorus Software Solutions the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Chorus Software Solutions. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the App in any way without Chorus Software Solutions’ or the appropriate third party’s prior written permission. Except as expressly provided herein, Chorus Software Solutions does not grant to You any express or implied rights to Chorus Software Solutions’ or any third party’s Intellectual Property.

    Chorus Software Solutions grants You a limited, personal, nontransferable, nonsublicensable, revocable license to

    Except for this limited license, Chorus Software Solutions does not convey any interest in or to the App, Chorus Software Solutions Systems, information or data available via the Chorus Software Solutions Systems (the “Information”), Content, Services, any website, or any other Chorus Software Solutions property by permitting You to access the App. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be copied, reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed, or used for any commercial purpose or for any public display (commercial or non-commercial) except as specified by Chorus Software Solutions without the prior written consent of Chorus Software Solutions. You may not make, sell, offer for sale, transfer to another person or “mirror” the materials on any other server, modify, reproduce, remove any copyright or other proprietary notations from the materials, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Chorus Software Solutions.

  1. Restrictions on Use of the App

    In addition to other restrictions set forth in these Terms of Use, You agree that:

  1. Termination

    You agree that Chorus Software Solutions, in its sole discretion, may terminate or suspend Your use of the App, the Chorus Software Solutions Systems, Information, Services and Content at any time and for any or no reason (such as violations of the restrictions listed herein) in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the App, and (b) destroy any copies You have made of any portion of the Content.  Accessing the App, the Chorus Software Solutions Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that Chorus Software Solutions shall not be liable to You or any third party for any termination or suspension of Your access to the App, the Chorus Software Solutions Systems, Information and/or the Services.

  1. Disclaimer of Warranties

    Chorus Software Solutions MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE APP, THE  CHORUS SOFTWARE SOLUTIONS SYSTEMS, THE SERVICES, THE INFORMATION, OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

    THE APP, THE CHORUS SOFTWARE SOLUTIONS SYSTEMS, THE INFORMATION, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. CHORUS SOFTWARE SOLUTIONS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CHORUS SOFTWARE SOLUTIONS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, LIKELY RESULTS, RELIABILITY, OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE APP OR THE CHORUS SOFTWARE SOLUTIONS SYSTEMS.  NO INFORMATION OBTAINED BY YOU FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY CHORUS SOFTWARE SOLUTIONS IN THESE TERMS OF USE.

    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

  1. Limitation of Liability

    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [ ], ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE APP BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE APP, THE CHORUS SOFTWARE SOLUTIONS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHORUS SOFTWARE SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

  1. Revisions and Errata

    The materials appearing on the App could include technical, typographical, or photographic errors. Chorus Software Solutions does not warrant that any of the materials on its website are accurate, complete, or current. Chorus Software Solutions may make changes to the materials contained on its App at any time without notice. Chorus Software Solutions does not, however, make any commitment to update the materials.

  1. Links
  1. Site Terms of Use Modifications

    Chorus Software Solutions may revise these terms of use for its App at any time without notice. By using this App you are agreeing to be bound by the then current version of these Terms of Use.

  1. Jurisdiction

    TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, THE CHORUS SOFTWARE SOLUTIONS SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF KIMGS, STATE OF NEW YORK, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, THE CHORUS SOFTWARE SOLUTIONS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

  1. Governing Law

    Any claim relating to Chorus Software Solutions’ App shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

  1. General

    You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  1. Complete Agreement

    EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE, OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND CHORUS SOFTWARE SOLUTIONS THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CHORUS SOFTWARE SOLUTIONS WITH RESPECT TO THE USE OF THE APP, THE CHORUS SOFTWARE SOLUTIONS SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS, AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.