The Small Print

Terms of Service

Last modified: 8/11/2016
1. Acceptance of the Terms of Service

The following terms and conditions govern all use of CoSchedule.com and all subsidiary webpages (the “Site”), owned and operated by CoSchedule, LLC (“CoSchedule,” “Us,” “We,” or similar terms). By viewing or using the Site, you are agreeing to be bound by these web site Terms and Conditions of Use and other documents they expressly incorporate by reference (the “Agreement”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you (“User,” “You,” or similar terms) do not agree with any of the terms of the Agreement, you are prohibited from using or accessing this Site. The materials contained in the Site are protected by applicable laws including copyright and trademark law. This Agreement applies to You, any person or entity on whose behalf You are using the Site, as well as any person or entity who may obtain rights through You.

2. Your CoSchedule Account; Security

To access the Site or some of the resources it offers, you may be asked to provide registration details. It is a condition of use of the Site that all the information you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. CoSchedule reserves the right to refuse registration of, or cancel a CoSchedule User in its discretion at any time, with or without notice.

CoSchedule may change, suspend or discontinue the Site, in whole or in part, at any time, including the availability of any feature, database, or content. CoSchedule may also impose limits on certain features and services or restrict User's access to parts or all of the Site without notice or liability.

User represents and warrants to CoSchedule that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Site, and takes full responsibility for the selection and use of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site.

User shall be responsible for maintaining the confidentiality of User's CoSchedule password and other account information, and User agrees to accept responsibility for all activities that occur under your account or password. User may not assign or otherwise transfer your account to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your information.

3. Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Site (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Site; (iii) rent, lease, or use the Site for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Site. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Site, and any copies or portions thereof.

User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. CoSchedule reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CoSchedule server, or to any of the services offered on or through the Site, by hacking, password "mining", or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CoSchedule's systems or networks, or any systems or networks connected to the Site or to CoSchedule.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

User shall not use the Site or any Content for any purpose that is unlawful or prohibited by this Agreement.

4. Premium Services

Optional premium paid services are available on the Site and governed by this Agreement and the End User License Agreement at http://coschedule.com/eula. By selecting a premium service you agree to pay CoSchedule the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

5. Termination

CoSchedule may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Links to Third-Party Websites

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of us, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience only, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.

7. Intellectual Property Rights

User agrees that the Site and all content and materials, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, made available by CoSchedule at the Site (collectively, "Content") are protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property or proprietary rights and laws. The compilation of all Content on the Site is the exclusive property of CoSchedule and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of CoSchedule or its software suppliers and protected by United States and international copyright laws. CoSchedule’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of CoSchedule. You are not authorized to use any such trademark without our prior written consent. All other trademarks appearing on the Site are the property of their respective owners.

We grant You a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other content and elements of the Site (collectively, the “Content”) solely in accordance with the Agreement. We may terminate the above license at any time for any reason. However, subject to these terms, User may view, print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of CoSchedule.

We also grant You a non-exclusive, non-transferable, limited license to access and use the information, documents, text, logos, and images of the Site (collectively, the “Review Content”) solely for the purpose of writing a review of the CoSchedule service of Site in accordance with the Agreement. We may terminate the above license at any time for any reason. Upon termination of the above license, User must immediately cease using, remove, and destroy all Review Content.

Except as expressly authorized by CoSchedule in writing, if you sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content, your license will terminate immediately, automatically, and without notice. Upon the termination of this license you must stop using the Site and Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control. No right, title or interest in or to the Site or Content is transferred to you, and all rights not expressly granted are reserved by us.

8. Changes

CoSchedule reserves the right, at its sole discretion, to modify or replace any part of this Agreement, which changes will be posted on this page or a similar page of the Site. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. CoSchedule may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Passwords

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. CoSchedule cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

10. Warranties

If User has a subscription with CoSchedule (a “Customer”), CoSchedule makes the following warranty to Customer: CoSchedule shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer's sole remedy, and CoSchedule's exclusive liability, for defects in the service shall be for CoSchedule to use commercially reasonable efforts to promptly correct such defects.

Customer represents and warrants that: (i) with respect to all information it provides to CoSchedule (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow CoSchedule to use such information to provide the Service (including, without limitation, for CoSchedule to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.

11. Warranty Disclaimer

THE WEBSITE IS PROVIDED "AS IS". COSCHEDULE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER COSCHEDULE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SITE AT YOUR OWN DISCRETION AND RISK.

12. Limitation of Liability

IN NO EVENT WILL COSCHEDULE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. IN NO EVENT WILL COSCHEDULE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO COSCHEDULE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. COSCHEDULE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. General Representation and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with the CoSchedule Privacy Policy at http://coschedule.com/privacy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

14. Privacy

CoSchedule's current privacy policy is available at the Site (the "Privacy Policy"), which is incorporated by this reference. CoSchedule strongly recommends that you review the Privacy Policy closely. You agree that we may use information and data as described in the Privacy Policy.

15. Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CoSchedule or its content suppliers and protected by United States and international copyright laws.

16. Logo Permissions

You grant CoSchedule the right to use your company name and logo in promotional material. If you need an exception to this, please send us an email before you sign up.

17. Indemnification

You agree to indemnify and hold harmless CoSchedule, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.

17. Jurisdiction and Venue

The Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. The Site does not constitute any contract with any jurisdiction outside the State of North Dakota. Use of the Site is prohibited in any jurisdiction having laws that would void the Agreement in whole or essential part or which makes accessing the Site illegal. The Agreement is entered into and performed in the State of North Dakota, United States of America and is governed by and shall be construed under the laws of North Dakota, exclusive of any choice of law or conflict of law provisions. In any claim or action directly or indirectly arising under the Agreement or related to the Site, each party irrevocably submits to the personal jurisdiction of the North Dakota State District Court sitting in Burleigh County, North Dakota or of the United States Court for the District of North Dakota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us in your individual capacity only, and you will not participate in any collective or so-called “class” action against CoSchedule.

17. General Terms

We may update the Site and Content from time to time, but the Content is not necessarily complete or up-to-date, and we are under no obligation to update such material. We also reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You may not assign any rights or obligations under the Agreement without our prior written consent. We may assign all or part of the Agreement. If you violate any of the Agreement, your authorization to use our Site and all licenses granted herein terminate automatically.

If any of the provisions of the Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder to retain its full force and effect. You agree to bring any and all claims within 12 months of the date on which such claim first arises; all claims not brought by you within such time period are waived. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The Agreement constitutes the sole and entire agreement between you and CoSchedule with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

18. Contact Information

You may contact us at the below contact information. You agree that we may provide any and all notices to you by e-mail, telephone, cell-phone, text message, as well as by any other methodfor which You have supplied contact information.

Coschedule LLC
318 E Broadway
Bismarck ND, 58501
support@coschedule.com

End User License Agreement

Effective Date: 11/7/2014

This End User License Agreement ("Agreement") is a binding agreement between you, either as an individual or a single entity, ("Licensee" or "you") and CoSchedule LLC ("CoSchedule"). This Agreement governs your use of the CoSchedule Application, (including all related documentation, the "Application"). The Application is licensed, not sold, to you. Terms not defined in this policy are defined in the coschedule.com Terms of Use.

BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

1. License Grant.

Subject to the terms of this Agreement, CoSchedule grants you a non-exclusive, non-transferable, limited license to (a) download, install and use the Application for any domains or social media accounts owned or otherwise controlled by you in accordance with the Application's documentation; and (b) access and use the Application through the CoSchedule’s website located at www.coschedule.com (the “Site”), strictly in accordance with this Agreement, the Site’s Terms of Use, and the Site’s Privacy Policy located at http://coschedule.com/terms#terms and http://coschedule.com/privacy#privacy, which are incorporated herein by this reference. Any violation of such Terms of Use will also be deemed a violation of this Agreement and, to the extent these terms may conflict with the Terms of Use, these terms shall prevail. However, subject to these terms, you may view, print or download a reasonable number of copies of the Content at the Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of CoSchedule.

2. Your CoSchedule Account; Security.

To access the Application, you may be asked to provide registration details. It is a condition of use of the Application that all the information you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Application and to terminate or suspend your account.

CoSchedule may change, suspend or discontinue the Site, in whole or in part, at any time, including the availability of any feature, database, or content. CoSchedule may also impose limits on certain features and services or restrict Licensee's access to parts or all of the Site without notice or liability.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Application, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Application.

You shall be responsible for maintaining the confidentiality of your CoSchedule password and other account information, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Application using your information.

3. License Restrictions.

You shall not:

  • (a) copy the Application, except as expressly permitted by this license;
  • (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  • (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  • (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  • (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
  • (f) use the Application in any manner that could damage, disable, overburden or impair CoSchedule’s online services
  • (g) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Application, and use thereof; or
  • (h) violate any of the restrictions set forth in the Terms of Service.

If you violate these restrictions, we reserve the right terminate your right to use the Application at any time and to pursue any legal remedy against you available to us. In addition, we may terminate this license, and we may deinstall or discontinue the Application, at any time, with or without notice.

4. Ownership.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. CoSchedule reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5. Collection and Use of Your Information.

You acknowledge that when you download, install or use the Application, CoSchedule may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Passwords

You are responsible for safeguarding the password that you use to access the Application and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. CoSchedule cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

7. Updates.

CoSchedule may from time to time in its sole discretion update the Application. Updates may modify or delete in their entirety certain features and functionality. You agree that CoSchedule has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. These updates occur automatically.

8. Fees and Payment.

You agree to pay CoSchedule the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

9. Term and Termination.

This EULA is effective for the term of your subscription, whether annual or monthly, and at the end of each term automatically renews for an additional subscription term, unless terminated as described below. You may terminate this EULA at any time by deleting your account from the CoSchedule settings panel or by contacting a CoSchedule representative at support@coschedule.com. CoSchedule may terminate this EULA, in its sole discretion, at any time and without any notice, with or without cause, or if you breach any of the terms and conditions, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by CoSchedule if you materially breach this Agreement; provided that, CoSchedule can terminate the Site immediately as part of a general shut down of our service.

Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Application, and all rights granted to you under this Agreement will immediately terminate. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and CoSchedule’s proprietary rights shall survive any such termination. You agree that CoSchedule, or either of its affiliates, owners, officers, or employees, shall not be liable to you or any third-party for any termination of your access to the Application.

10. Logo Permissions

You grant CoSchedule the right to use your company name and logo in promotional material. If you need an exception to this, you must e-mail us at support@coschedule.com before you sign up.

11. Warranties

CoSchedule shall use commercially reasonable efforts consistent with prevailing industry standards to provide the Application in a professional and workmanlike manner that is free of defects. Your sole remedy, and CoSchedule’s exclusive liability, for defects in the service shall be for CoSchedule to use commercially reasonable efforts to promptly correct such defects.

You represent and warrant that (i) your use of the Application will be in strict accordance with the CoSchedule Terms of Use and Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.

12. Disclaimer of Warranties.

EXCEPT TO THE EXTENT PROVIDED IN SECTION 11 (WARRANTIES), THE APPLICATION IS PROVIDED "AS IS". COSCHEDULE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER COSCHEDULE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE APPLICATION WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SITE AT YOUR OWN DISCRETION AND RISK.

13. Limitation of Liability.

IN NO EVENT WILL COSCHEDULE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. IN NO EVENT WILL COSCHEDULE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO COSCHEDULE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. COSCHEDULE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. Indemnification.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COSCHEDULE, ITS CONTRACTORS, AND ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR MISUSE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO OUT OF YOUR VIOLATION THIS AGREEMENT.

15. Privacy

CoSchedule’s current privacy policy is available at the Site (the "Privacy Policy"), which is incorporated by this reference. CoSchedule strongly recommends that you review the Privacy Policy closely. You agree that we may use information and data as described in the Privacy Policy.

16. Government End Users

The Application is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth in this EULA.

17. General.

The Agreement is entered into and performed in the State of North Dakota, United States of America and is governed by and shall be construed under the laws of North Dakota, exclusive of any choice of law or conflict of law provisions. In any claim or action directly or indirectly arising under the Agreement or related to the Site, each party irrevocably submits to the personal jurisdiction of the North DakotaState District Court sitting in Burleigh County, North Dakota or of the United States Court for the District of North Dakota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us in your individual capacity only, and you will not participate in any collective or so-called “class” action against CoSchedule. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You may not assign any rights or obligations under the Agreement without CoSchedule’s prior written consent. CoSchedule may assign all or part of the Agreement. If you violate any of the Agreement, your authorization to use the Application and all licenses granted herein terminate automatically. If any of the provisions of the Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder to retain its full force and effect. You agree to bring any and all claims within 12 months of the date on which such claim first arises; all claims not brought by you within such time period are waived. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The Agreement constitutes the sole and entire agreement between you and CoSchedule with respect to the Agreement and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.

YOU AGREE TO THIS AGREEMENT ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) ON THIS PAGE OR A SIMILAR PAGE OF THE SITE; OR (3) VIA THE APPLICATION. The delivery of any notice is effective when sent or posted, regardless of whether you read the notice or actually receive the delivery. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. You can withdraw your consent to receive notices electronically by discontinuing your use of the Application.

Coschedule LLC
318 E Broadway
Bismarck ND, 58501
support@coschedule.com

Privacy Policy

Last Modified: 11/7/2014

CoSchedule LLC ("CoSchedule" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website coschedule.com including all related webpages (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information. Terms not defined in this policy are defined in the Terms of Use.

What information do we collect and how do we collect it?

We collect both personal and non-personal information from and about website visitors. Personal information may include your name, e-mail address, mailing address, phone number or credit card information. Non-personal information is information that is about you but individually does not identify you, such as information about your internet connection, the equipment you use to access our Website, and usage details.

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, fill out a form, connect your website or blog to our Website or the CoSchedule services, or otherwise when you directly provide it to us. We also collect information automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To present our website and its contents to you
  • To provide you with information, products or services that you request from us
  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our Website (we continually strive to improve our Website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, or to otherwise protect our rights or those of third parties
  • To comply with applicable laws, regulations, and legal process
  • To process transactions
  • To administer a contest, promotion, survey or other site feature
  • To provide you with notices about your [account/subscription], including expiration and renewal notices.
  • To send periodic emails
    • The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
    • Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain confidential. We are not liable for the illegal acts of third parties such as criminal hackers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information).

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?

We will only share your personal information with third parties as outlined in this Website Privacy Policy (in its current or future form) and as otherwise permitted by law.

We share and give access to personal information to our employees and agents in the course of operating our businesses. For example, if you sent us an e-mail asking a question, we would provide your e-mail address to one of our employees or agents, along with your question, in order for that person to reply to your e-mail.

We may share personal information with trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. For example, we may hire a vendor to help us send and manage e-mail.

We may share personal information with a successor if all or part of our business is sold, merged, dissolved, acquired, or in a similar transaction, or in the event of a corporate reorganization.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

However, because non-personal information does not identify who you are, we do not limit the ways we may use or share non-personal information. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Reviewing Your Information

If you have an account with us, then you may log on to your account to view certain personal information we have regarding you, and in certain cases you may revise this information. View the “Sign In” or similar page for this capability. If you are concerned about information beyond what appears on your account-page, please contact us as described below.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website here.

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page. We encourage you to periodically check back and review this policy so that you always will know our current privacy practices.

Do Not Track Disclosure

This website does not monitor for or behave differently if your computer transmits a “do not track” or similar beacon or message.

Children’s Information

We do not intentionally collect any personal information from children under the age of 13 through this website. This website is not directed towards children under 13. If you believe that we have collected personal information from a child under the age of 13 through this website, please contact us.

U.S. Audience

This site is intended for a United States audience. If you access this site from outside the U.S., you acknowledge, agree, and consent that any information you provide, including any personal information, will be transferred to and processed by a computer server located within the U.S., and subject to U.S. laws and regulations. Further, if you access this site from outside the U.S., you acknowledge and agree that you are responsible for compliance with any applicable local or national laws, rules or regulations applicable to such use.

California Privacy Rights.

California Civil code § 1798.83 provides certain rights to California residents, including the right to request information regarding our disclosure of personal information to third parties for marketing purposes. To request such information, please contact us as described below.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Coschedule LLC
318 E Broadway
Bismarck ND, 58501
support@coschedule.com