Terms of Use

Terms of Use

Cumberland Group xMatters for Cisco Webex Teams Integration Terms of Use

Last Modified: January 19, 2017

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOUR UNDERSTAND EACH PROVISION. Cumberland Group, LLC (“Cumberland Group”) reserves the right to make unilateral modifications to these terms and will provide notice of these changes. If You do not agree with these Terms of Use, do not use the Services. If You do not agree with any changes Cumberland Group makes to these Terms of Use, You must cease use of the Services.

BY USING OR CONTINUING TO USE THE CUMBERLAND GROUP XMATTERS FOR CISCO WEBEX TEAMS INTEGRATION (THE “SERVICES”) YOU AGREE TO USE THE SERVICES AND SOLELY IN ACCORDANCE WITH THESE TERMS OF USE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS OF USE. THESE TERMS OF USE SUPERCEDE ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING ANY AND ALL CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE SERVICES ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE AND THAT THESE TERMS OF USE ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

YOU UNDERSTAND AND AGREE THAT CUMBERLAND GROUP PROVIDES THE SERVICES FREE OF CHARGE, AS-IS, AND MAKES NO GUARANTEE OF PERFORMANCE OR UPTIME.

These Terms of Use govern Your conduct associated with the service offered by Cumberland Group. To the extent of any conflict between the Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the Service. By submitting any content to Cumberland Group, You represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All content that You post is accurate;
  • You are at least 13 years old;
  • Use of the content You supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree, represent and warrant that You will not submit any content:

  • That is known by You to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

1 Definitions

1.1 Services means the communication services provided by Cumberland Group being utilized by the User.

1.2 Password means a code You select, which, in combination with the User ID, gives You access to Your User Account.

1.3 Terms of Use means these Cumberland Group xMatters for Cisco Webex Teams Integration Terms of Use.

1.4 User Account means the account with User ID and Password that You associate with the Services.

1.5 You means the end user of the Services, and any company, principal or other entity which such end user represents.

2 Services

2.1 Your access to the Services is conditional upon Your acceptance of these Terms of Use, and any additional terms and conditions that You agree to be bound by from time to time.

2.2 Except as Cumberland Group specifically agrees in writing, You shall be solely responsible for the selection, implementation, and performance of any and all third party equipment, software and telecommunication equipment and services, with which You choose to access the Services.

2.3 The use of the Services requires You to be a registered xMatters user and a registered Cisco Webex Teams user. Your relationship with each of those third-party companies and the services and software they provide is governed by separate agreements and licenses with those third-party companies. Cumberland Group makes no representations, warranties, or guarantees regarding the services or software provided by these third parties.

3 Use of Site, Software, and Service.

You agree that:

3.1 You will use the Services only in accordance with these Terms of Use. 

3.2 You will ensure that any information that You provide to Cumberland Group is true, accurate, current and complete.

3.3 You will not use or permit any other person to use the Services to transmit harassing, abusive, libelous, illegal or deceptive messages or information, or unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services.

3.4 You will not use or permit any other person to use the Services to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts.

3.5 You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regards to the Services.

3.6 You will not undertake, cause, permit or authorize the modification, creation of derivative works, publishing of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Services or any part thereof except to the extent permitted by law.

3.7 You will cooperate with Cumberland Group and provide information requested by Cumberland Group to assist Cumberland Group in investigating or determining whether there has been a breach of these Terms of Use. Cumberland Group will have the right to investigate violations of these Terms, including intellectual property rights infringement, to the fullest extent of the law. Cumberland Group may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Cumberland Group has no obligation to monitor Your access or any user’s access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure users’ compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  BY UTILIZING THE SITE, SOFTWARE AND/OR SERVICES, YOU CONSENT TO ALLOW CUMBERLAND GROUP TO ACCESS ANY INFORMATION IN YOUR ACCOUNT.

4 IP Rights

You understand and agree that Cumberland Group provides the Services through the use of proprietary technology protected by copyright and other intellectual property laws. You agree that You will not undertake, cause, permit or authorize the modification, creation of derivative works, publishing of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Services. You agree that Your use of the Services does not grant You title or license to any of Cumberland Group’s intellectual property.

5 Privacy

Your privacy is governed by the Cumberland Group xMatters for Cisco Webex Teams Integration Privacy Policy to which You agree at the time You begin use of the Services.

6 Term and Termination

These Terms of Use become effective upon Your first use of the Services and continue in effect until You deactivate and remove Your User Account. Notwithstanding the termination of these Terms of Use, the terms of Sections 3, 4, 5, 7, 8, 9, 10 and 12 continue to apply according to their terms.

7 Indemnification

YOU COVENANT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CUMBERLAND GROUP AND ITS RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND ITS SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, COSTS, AND OTHER DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, FROM CLAIMS BROUGHT AGAINST CUMBERLAND GROUP ASSERTED BASED ON: (I) YOUR NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT; (II) YOUR ALLEGED PATENT, TRADEMARK, COPYRIGHT INFRINGEMENT, OR UNFAIR COMPETITION; (III) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS IN CONNECTION WITH THE EXERCISE OF ANY OF YOUR RIGHTS OR THE PERFORMANCE OF ANY OF YOUR OBLIGATIONS HEREUNDER, INCLUDING YOUR FAILURE TO FOLLOW LAWS RELATING TO THE IMPORT AND EXPORT OF DATA.

8 Disclaimer of Warranties

THE SERVICES ARE PROVIDED AS IS. CUMBERLAND GROUP AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES OR THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICES OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CUMBERLAND GROUP AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ANY OTHER WARRANTY ARISING BY STATUTE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.

9 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF CUMBERLAND GROUP AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND SUBCONTRACTORS TO YOU AND ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES, INCLUDING ATTORNEYS’ FEES, COSTS, EXPERT-WITNESS FEES, AND COSTS OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE TOTAL AMOUNT OF $5,000.

NOTWITHSTANDING THE ABOVE LIMIT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY AMOUNT OF INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR BUSINESS INTERRUPTION, EVEN IF THE PARTY IS NOTIFIED IN ADVANCE OF A POSIBILITY OF SUCH DAMAGES.

IT IS INTENDED THAT THESE LIMITATIONS APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW.

10 Notices

Notices regarding these Terms of Use may be provided to Cumberland Group at info@cumberlandgroupit.com and to You at the email address You provide to Cumberland Group.

11 Import and Export Restrictions

Cumberland Group intends and expects that You will use the Services solely in and from the United States. You are solely responsible for compliance with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. Your compliance responsibility encompasses the manner in which You choose to use the Services.

12 Governing Law and Venue

The laws of the State of Georgia, without reference to conflict of law rules, govern these Terms of Use and any dispute that might arise between You and Cumberland Group. Any dispute will be adjudicated in any state or federal court for Cobb County, Georgia. You irrevocably consent to the exclusive jurisdiction and venue in those courts. Cumberland Group may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of intellectual property or other proprietary rights belonging to Cumberland Group, its affiliates, or any third party. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.