Welcome to Fluid CM! We thank you for your interest and trust in using the Fluid CM application. Please understand that the use of this program is subject to your review and agreement with the following Terms and Conditions of Service:
This Agreement provides the Licensee access to and use of Fluid CM's cloud based application (Fluid CM) otherwise referenced as the "Software".
Unless specifically agreed to in writing, users that sign up for a free account are granted a limited, non-exclusive license to use Fluid CM are subject to these Terms. Access to the free account will be limited to the digital space and/or time identified in our promotional material. All other accounts are setup on an individual company, customized quote basis.
The first step in creating an account with Fluid CM is by setting up a free trial account through our website www.fluidcm.com, or by responding to an invite by another user in the system. You create your account by providing us with an acceptable username and email address, and creating a password. We refer to this as your "Account Information". We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other accounts.
You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information and you will be responsible for all activities that occur under your account. Fluid CM has been designed with the understanding that there are unlimited users you are able to maintain under your account, under each project. This is to encourage each Account holder to have their own unique login credentials as each user has the capability (depending on the Permissions settings) of viewing, processing and approving contractual information with digital signatures. As a User of Fluid CM, you agree to not share your password with anyone. If you feel at anytime your password has become compromised you are to contact Fluid CM immediately and change your password in the system under the Profile settings. Fluid CM will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
All updates, maintenance and periodic improvements are included with this License Agreement. Licensee acknowledges that Fluid CM reserves the right to make product changes by adding, enhancing, modifying or streamlining current modules and will do so of its own accord.
If additional modules are added, Fluid CM may offer these at an additional cost to the Licensee subject to mutual agreement.
Fluid CM appreciates client feedback and will take all recommendations for better functionality into consideration however Fluid CM is not obliged to implement or take action on changes at any time.
From time to time, changes may be made to these Terms and Conditions by Fluid CM. We will notify you in advance prior to implementing any changes or modifications. If you do not agree with the changes as they are implemented, you are free to decide whether to accept the terms or stop using the "Software".
We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Fluid CM actions may impair or prevent you from accessing your Content or using the "Software" at certain times and/or in the same way, for limited periods or permanently, and agree that Fluid CM has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the “Software”. However, if you have a paid account for Fluid CM and find that any such modifications or interruption adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your account. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Lease for a period of time equal to the interruption and/or refund a portion of your fee equal to the remaining unused term of the Agreement, as we determine appropriate.
Fluid CM is a cloud based application that requires internet connectivity to be able to operate. It has been formatted to work on any device that has full internet browser capabilities. Obtaining these devices and paying for their connectivity and data plans is your responsibility. Fluid CM also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the "Software".
While you own the Content you store with Fluid CM, you acknowledge and agree that Fluid CM owns all legal right, title and interest in and to the program, including, without limitation, all software elements that are provided by Fluid CM.
In agreeing to these Terms, you also agree that the rights in Fluid CM Software, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Fluid CM Software, unless you are expressly permitted to do so under an open source license or we give you express written permission.
By accepting these Terms, you agree that you and your company can be used in the promoting and marketing of Fluid CM. Examples of this include displaying your logo on our website and referencing your company in research and whitepapers.
You agree to indemnify and hold Fluid CM, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the "Software", any violation of these Terms of Service or any other actions connected with your use of the "Software" (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
The "Software" Is Available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUID CM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FLUID CM DOES NOT WARRANT THAT (i) THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLUID CM OR THROUGH OR FROM THE SOFTWARE OR FLUIDCM.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLUID CM, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF FLUID CM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SOFTWARE; (v) FLUID CM'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SOFTWARE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS AND CONDITIONS; OR (x) ANY OTHER MATTER RELATING TO THE SOFTWARE.
NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Without limiting anything contained elsewhere in this Agreement, Licensee shall not assign this Agreement or any rights herein without the prior written consent of Fluid CM, which consent may be arbitrarily withheld. Any purported assignment without Fluid CM's consent shall be deemed to be null and void.
In order to ensure that proper training and Permissions are assigned, Licensee's will designate a "Power User" or person who is the point of contact for administrating the software on behalf of the Licensee. Fluid CM will provide user support to Licensee designated "Power User" per the License Agreement. If no other License Agreement exists, Fluid CM will provide an initial training session(s) up to two-hours with further support being managed through email.
Training sessions will be online through video conference and/or telephone, email and Fluid CM's website.
Basic computer skill training (internet, personal computers or other devices, other web based software) is not included.
This Agreement shall be construed in accordance with the laws of the State of Nevada, in the County of Washoe.
This Agreement constitutes the sole and entire Agreement between the parties, and supersedes any previous agreements, understandings and arrangements between the parties relating to the Software and related materials. Any amendments hereto are enforceable only if in writing and signed by each of the parties.
This Agreement has been executed by an authorized signatory duly entitled to bind the party on behalf of which he or she has executed this Agreement.
The Free Tool Promotions (Free RFI Log, Free Submittal Log, Free Daily Log, Free Meeting Minutes) are available in exchange for allowing Fluid CM to market other products and services. These tools are limited to one per company, and a maximum of 1Gb of space.