Jive Communications, Inc.
Beta Terms of Service

These beta terms of service govern the use of Jive’s beta services, apps, and website (collectively, the “Service”) provided Jive Communications, Inc. (“Jive”). The parties agree as follows:
  1. Acceptance of terms. By clicking the “I agree” button (or any other button or mechanism designed to acknowledge agreement), or by using the Service, the user accepts these terms of service on behalf of the company or other legal entity for which he or she is acting (the “Customer”). The user hereby states that he or she is authorized to accept this agreement on behalf of the Customer.
  2. Changes to this agreement. Jive may change these terms of service at any time by posting the revised terms at www.jive.com/beta-terms. Any changes will be effective going forward from the date they are posted in accordance with this section.The Customer’s continued use of the Service after the effective date of the change constitutes the Customer’s acceptance of the revised terms.
  3. Public beta. The Customer hereby acknowledges that the Service is provided as a public beta for the purpose of providing Jive with information about the quality and usability of the Service. The Customer acknowledges that the Service may contain errors or other bugs that could cause corruption of data or other loss.
  4. Changes to the Service. Jive may change, suspend, or stop providing the Service, in whole or in part, at any time, without notice, and without any liability to the Customer.
  5. Software updates. If the Service involves any installed applications, Jive may automatically deliver updates to the Service on the Customer’s devices at any time. The Customer shall receive and install any such update as required.
  6. Feedback. As part of using the Service, Jive will provide the Customer with opportunities to provide comments, suggestions, or other feedback regarding its use of the Service. Jive may use any feedback provided by the Customer for any purpose.
  7. No resale. The Customer shall not duplicate, sell, resell, rent, or trade the Service or its access to any part of the Service to any third party.
  8. Intellectual property. The Customer acknowledges that Jive or its licensors own all intellectual property or other proprietary interests in the Service and any software (including any content provided by the software) provided in connection with the Service.
  9. Grant of license. Jive hereby grants the Customer a personal, non-exclusive, non-transferable, limited license to use the Service and any software provided with it as they are provided to the Customer by Jive. The Customer shall not copy, modify, create any derivative work, reverse engineer, decompile, or otherwise attempt to discover the source code of the Service (unless permitted or required by law).
  10. Non-assertion. The Customer shall not, during or after its use of the Services, (1) assert any allegation that the Service (as it exists at or before the time of the Customer’s use) infringes the Customer’s intellectual property, or (2) authorize, assist, or encourage any third party to assert any claim that the Service (as it exists at or before the time of the Customer’s use) infringes the third party’s intellectual property. In this agreement, “claim” means any loss, liability, damages, court costs, litigation costs, arbitration award or fees, or other claim.
  11. Termination. Jive may terminate the Customer’s access to any part of the Service at any time, without notice, and for any reason.
  12. Disclaimer of warranties. (a) Except as explicitly set forth in this agreement, Jive makes no representations or warranties of any kind with respect to the Service, which is provided “AS IS.” (b) To the extent permitted by applicable law, Jive hereby disclaims the implied warranties of merchantability, fitness for a particular purpose, and all other express or implied warranties.
  13. Limit of liability. To the extent permitted by applicable law, the Customer hereby waives all claims arising from this agreement or from its use of or inability to use the Service or any related materials.
  14. Intellectual property. The Customer acknowledges Jive’s ownership of its promotional materials, trademarks, service marks, copyrights, patents and other intellectual property related to the Service.
  15. Governing law. This agreement is governed by the laws of the State of Utah. Except as provided in section 16 (b), if any legal proceeding is validly brought to enforce or adjudicate the terms of this agreement, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts located in Salt Lake County or Utah County, Utah.
  16. Dispute resolution. (a) Before instituting any arbitration proceedings under section 16(b), the parties shall attempt to resolve any dispute arising out of this agreement by direct negotiation. (b) Any dispute arising out of this agreement, which the parties are unable to resolve through direct negotiation will be resolved by binding arbitration to be held in Salt Lake County or Utah County, Utah, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators may be entered in any court having appropriate jurisdiction. The arbitrators may, upon application of either party, provide for discovery under the rules of rules of civil procedure of the complaining party’s home state. The prevailing party, as part of the arbitration award, will be awarded reasonable attorneys’ fees together with its other fees and costs.
  17. Entire agreement. This agreement constitutes the entire agreement of the parties with respect to its subject matter. The Customer acknowledges that it may be subject to additional terms or conditions associated with the use of affiliate services, third-party content, or third-party software.
  18. Waiver of rights. Jive’s failure to enforce a right or provision under this agreement does not constitute a waiver of that right or provision.
  19. Severability. If any provision of this agreement is held to be invalid or unenforceable in whole or in part, that provision or partial provision will be modified or deleted, to the minimum extent necessary, to make the agreement valid or enforceable, and all other parts of the agreement will remain binding as written.
  20. Assignment of agreement. Jive may assign its rights and delegate its obligations under this agreement to any party. The Customer shall not assign its rights or delegate its obligations under this agreement to any party.