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Effective July 23, 2018.

The following Terms of Use explain the relationship between you and Fuze, Inc. and its subsidiaries and affiliates (collectively, "Fuze") and apply to your use of the Fuze Guest application (the “Service”). BY JOINING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICE.

These Terms of Use are subject to: (i) applicable laws and (ii) the Fuze Guest User Privacy Statement (the “Guest Privacy Statement”). In the event of any conflict between these Terms of Use and the Guest Privacy Statement, the Guest Privacy Statement shall control.

1. Right to Use the Service

The Service enables guests (invited by Fuze employees) to utilize the features and functionality of Fuze’s software platform to communicate with those employees on a limited basis. Subject to these Terms of Use, Fuze grants you, at no charge, a nonexclusive, nontransferable, revocable right to use the Service solely to communicate with Fuze employees. You shall not (a) rent, lease, sublicense, distribute, transfer or time-share the Service, or (b) modify, adapt, create derivative works of, decompile, disassemble, reverse-compile, reverse-assemble or otherwise reverse-engineer the Service or use any similar means to discover the source code of the Service.

2. Ownership; Feedback

You agree that the Service constitutes proprietary intellectual property of Fuze (and its third-party licensors) and that all right, title and interest in and to the Service, including all intellectual property rights embodied therein, shall at all times remain vested in Fuze and its licensors. You may not remove or modify any copyright and other proprietary notices included on the Service. Other than the express rights granted to you in these Terms of Use, no rights or licenses are granted to you.

You agree that Fuze will have all rights to any feedback, results and/or other data (which may include suggested features, functionality, methods and techniques) regarding your use of the Service. As such, you assign all rights in the Feedback to Fuze.

3. Confidentiality

As part of your use of the Service, you may receive or be exposed to confidential or proprietary information of Fuze and/or its employees. Under no circumstances may you use disclose any such information to a third party or use such information for any purpose.

4. Providing Information

Guests may be asked to provide their names, email addresses and other information before joining the Service. Under no circumstances may any guest provide or use any other person's name or email address or otherwise pretend to be someone they are not.

5. Third-Party Resources

The Service may contain applications, tools and other resources provided by third parties and/or links to third-party Web sites, all of which may be subject to their own licensing or usage terms (“Third-Party Resources”). Fuze assumes no responsibility or liability for Third-Party Resources, including any content, products or services which may be available from them. Therefore, users should consult the terms of use for such Third-Party Resources, and any concerns a user may have regarding them should be directed to the relevant site administrator or webmaster.

6. Compliance with Laws

You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet and data privacy.

7. Changes to these Terms of Use

Fuze reserves the right to change these Terms of Use at any time by updating this document or by providing other appropriate notice. Therefore, it is important that you review these Terms of Use regularly so you are aware of any changes. Your continued use of the Service following any change shall be deemed to be acceptance of any such change. If you do not agree to a modification of these Terms of Use, you must immediately stop accessing or using the Service.

8. Modifications to the Service

Fuze reserves the right to modify the Service at any time with or without notice. Fuze will not have any liability associated with exercising this right.

9. Termination

Fuze may suspend or terminate your access to the Service at any time with immediate effect in the event of a violation of these Terms of Use or any other terms or conditions applicable to the Service or otherwise in Fuze's sole discretion. Following any such termination, you agree to immediately stop using the Service.

10. Force Majeure

Neither party shall be responsible for any failure to perform its obligations under these Terms of Use caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.

11. No Warranties

FUZE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THE SERVICE. SPECIFICALLY, FUZE PROVIDES THE SERVICE AS-IS, WITH ALL FAULTS, AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES WITH RESPECT TO THE FUNCTIONALITY, RELIABILITY, ACCURACY OR PERFORMANCE OF THE SERVICE.

12. Limitation of Liability

FUZE WILL NOT HAVE ANY LIABILITY FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR (B) MONETARY DAMAGES OF ANY KIND IN EXCESS OF $100.00, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF IT HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify and defend Fuze from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys' fees, resulting from (a) any violation of these Terms of Use, (b) any violation of the rights of a third party, and (c) any use of the Service. Fuze reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of Fuze may be made without Fuze's prior written approval.

14. Other Terms

You acknowledge that Fuze does not provide any support for the Service. The laws of Massachusetts will apply to this agreement and the courts of Massachusetts shall have exclusive jurisdiction over any claim. These Terms of Use are the complete statement of our understanding regarding these matters, and no other document or discussion will apply. You agree that this agreement is personal to you and may not be transferred to anyone else without Fuze's prior written consent. The disclaimers and limitations of liability above also benefit Fuze's suppliers and licensors. The applicable sections of these Terms of Use shall survive termination, including but not limited to, those concerning ownership, disclaimers of warranty, indemnification, and limitations and exclusions of liability. Fuze may provide notices under these Terms of Use via email or by displaying a notice (or a link to a notice) via the Site and/or the Service. Fuze's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Any claim arising out of these Terms of Use must be brought within one (1) year of the date on which the claim arose.