TERMS OF USE

Effective Date: April 6, 2015.
Last Updated: October 30, 2015.
Please read the following Terms of Use Agreement (“TOU” or “Agreement”) carefully before viewing or using any services, features, content or applications offered by Tribe PM, Inc., a Delaware Corporation, (“Tribe,” “we,” “us” or “our”) via tribe.do (as “Site,” “Software” or collectively as “Service(s)”).

1. Acceptance of Terms of Service.

These TOU apply to both those who access the Site but do not have accounts (“Visitors”) as well as those who register to gain access to the Software (“Members”) collectively (“User(s),” “You,” or “Your(s)”). By accessing or using the Site you signify that you have read, understand and agree to be bound by these TOU. If you do not agree to these TOU, please do not use this Site.

2. Tribe PM, Inc.

is a Delaware Corporation with its principal office in Chicago, IL. References in these TOU, the Site or Software to “Tribe” “Company,” or “Tribe PM” refers to that Delaware Corporation, or as appropriate in the historical context, to a predecessor entity if applicable.

3. Permitted and Intended Use as well as Eligibility

The primary and intended purpose of the Software is to help the world work smarter and faster by building team collaboration tools that are a direct extension of your mind. Tribe removes the friction of managing, tracking, and assigning work between team members and is the fastest, most transparent team collaboration platform to date.
Tribe helps your people get the credit for the work they do, it prevents important tasks from slipping through the cracks, and it provides executives insight and visibility into what’s really happening on the ground. For purposes of the Site, “Visitor(s)” are those who traffic the Site but do not sign up for a trial or other Software plan. “Member(s)” will be those who have signed up for either a trial or other Software plan.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change any eligibility criteria at any time. You are solely responsible for ensuring that these TOU are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these TOU or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. You also understand and agree that the Services may include certain communications from Tribe, such as service announcements, administrative messages, etc., and that these communications are considered part of the Services and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Tribe for use in accessing the Services. Tribe will provide the Service in accordance with this Agreement and our Privacy Policy. Tribe may at its sole discretion modify the features of the Service from time to time without prior notice.

4. Registration & Software Access

To use certain Services or access certain areas and features of the Software or other information as it may be provided from time to time through the Services, you may be required to register for Services. Tribe will require at a minimum that you provide an electronic mail address. Any required information that You provide must be kept up to date. If You were one of our earliest users and continue to use our Legacy Version for so long as it remains available, Tribe will require your full name unless You signed up with your Google ID. You will also be required to create and provide a password for your. Irrespective of which version of Tribe You are utilizing, You shall not: (i) input a name of another person with the intent to impersonate that person; (ii) use a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a name, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission, share your Magic Link with anyone else, or use another person’s Magic Link. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. While You currently do not have the ability to delete your Account directly, You are able to merge accounts and choose which shall persist and which account will be eliminated. Additionally, if an account is created in the first versions of the Services You may make a request to Tribe to delete Your account(s) in their entirety.

5. Content
    a. Definition. For purposes of these TOU, the term “Services” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services by Tribe and does not included any “User Content” of which is any content not included under the definition of Services.
    b. Notices & Restrictions. The Services may contain Content specifically provided by us, our partners or our other Users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
    c. Permitted Use License. Subject to these TOU, We grant each User of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from Tribe. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
    d. Availability of Content. Tribe does not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if We are concerned that You may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. You will be restricted to viewing content included in Services, Your own content as well as other User Content provided You are in a member of the same organization.
6. Intellectual Property.

© 2014-2015 Tribe PM, Inc., Chicago, Illinois. All rights reserved. Tribe™

    a. Trademark Information. The trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Tribe or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. Tribe is the trademark of Tribe.
    b. Copyright Information. All content included on or in the Services is the copyright property of Tribe. All content is protected by United States and international copyright laws, including by the Berne Convention.
    The compilation of all content on this site is the exclusive property of Tribe and protected by copyright laws. All software used on this site is the property of Tribe except as it belongs to third parties or is considered open source.
    If you believe any content or material herein infringes your copyright, you must give Tribe notice under the Digital Millennium Copyright Act (17 U.S.C. 512, the “DMCA”), by contacting our copyright agent at IP@tribe.do and following our DMCA Notification Procedure.
7. Rules of Conduct.

As a condition of use, You promise not to use the Services for any purpose that is prohibited by these TOU. You are responsible for all of Your activity in connection with the Services. Tribe does not claim ownership over any User Content submitted on or through the Services. Your User Content belongs to you. However, by registering for a Service Plan and uploading User Content to the Services, You agree to the following:

    a. You shall not contact Tribe in such a way through the Services that could be construed in Tribe’s sole discretion as unauthorized advertising, junk or bulk e-mail (“spamming”) or in connection with information fishing for competitive purposes.
    b. You shall not permit or cause the transmission, placement, sharing or other equivalent action containing software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
    c. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all and international laws and regulations.
    d. You hereby acknowledge that you understand such uses or behavior will cause Tribe harm and under such circumstances entitles Tribe to bring an action or actions against you for damages to the extent permitted by law.
    e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or government request, (ii) enforce these TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
    f. You agree that Tribe has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Services. You acknowledge that Tribe may establish general practices and limits concerning user of the Services and may modify such practices and limits from time to time. Tribe retains the right to create limits on use and storage at Our sole discretion at any time with or without notice. You acknowledge that We reserve the right to log off Users who are inactive for an extended period of time.
8. Third-Party Services.

The Services may contain links to other resources, websites, or services etc. When You access third party resources on the Internet, You do so at Your own risk. These other resources are not under our control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply Our endorsement or any association between Us and their operators. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

9. Payments and Billing:

Not to worry, Tribe is Free.

10. No Warranties and Limitations on Tribe Liability.
    a. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER CONTENT PROVIDED TO YOU BY TRIBE, ARE PROVIDED ON AN”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND TRIBE EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY TRIBE, IS BORNE EXCLUSIVELY BY YOU. SHOULD ANY SERVICE PROVIDED BY TRIBE, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT TRIBE, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL TRIBE, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICES.
    b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EVEN IF UNDER A SUBSCRIPTION PLAN.
    IN PARTICULAR, AND WITHOUT LIMITATION, TRIBE WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICES, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICES; OR (4) AS OTHERWISE PROVIDED IN THESE TOU.UNDER NO CIRCUMSTANCES WILL TRIBES’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO TRIBE OR $100.
11. Indemnification.

You shall defend, indemnify, and hold harmless Tribe and Our Related parties and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, Content, or otherwise from Your User Content (content You have added to Tribe), violation of these Terms of Service, or infringement by You, or any third party using Your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.

12. Statute of Limitations, Governing Law and Jurisdiction.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or it shall be barred. These TOU shall be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these TOU shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Illinois in it’s Northern District.

13. Modification.

The TOU are subject to change by Tribe at any time in its sole discretion and You agree to be bound by all modifications, changes and/or revisions. If You do not accept to be bound by any and all modifications, changes, and/or revisions of this agreement, You may not use the Services at Tribe.do.

14. Entire Agreement.

These TOU contain the entire agreement between the You and Tribe regarding Your use of the Services, and all materials directly and indirectly related thereto. This TOU agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Tribe.

15. Severability and Non-waiver.

If any provision of this TOU agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The parties nevertheless agree to endeavor to give effect to our intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. Failure by Tribe to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.

16. Force Majeure.

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

17. Assignment.

These TOU are personal to You, and are not assignable, transferable or sub-licensable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.

18. No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Tribe is intended or created by these TOU.

19. Notices.

Unless otherwise specified in these TOU, all notices under these TOU will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@tribe.do.

20. Headings.

The section and paragraph headings in these TOU are for convenience only and shall not affect their interpretation.

21. Contact.

Tribe PM, Inc.
222 Merchandise Mart Plaza
Floor 12
Chicago, IL 60654
Info@Tribe.do