CoBrowse (Share My Screen) Terms of Use
WELCOME
These Terms of Use (“TOU”) govern your use of the CoBrowse services (“Service”) that allows us to view your screen remotely so that we may provide real time assistance or troubleshoot issues you may be experiencing using our digital services.This TOU is revised periodically, and it may include changes from earlier versions. By using the Service, you agree to the most recent version of this TOU.
PRIVACY AND SECURITY
Protecting your privacy is important to us. Please visit our Privacy page for more information on our commitment to privacy and online security.
Monitoring and recording communications
We will not record any communications between you and us (or our Service Providers) but we will keep records of any sessions that take place. This may be done without any further notice to you or anyone acting on your behalf.
NATURE OF SERVICES
CoBrowse
CoBrowse (also known as ‘Share My Screen’) enables us to view your active digital session in a limited capacity to provide you with live on-screen assistance while interacting with our websites and digital services. We will only be able to CoBrowse with you within our websites and will not be able to view other applications on your device.
Ending the CoBrowse or ScreenShare Session
You may end the CoBrowse session at any time by clicking ”End Session”.
NO WARRANTIES
NEITHER WE, NOR SERVICE PROVIDERS, REPRESENTS OR WARRANTS THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE SERVICES PROVIDED BY THE SERVICE, OR THE ERROR FREE USE OF THE SERVICE. ALL FEATURES OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM A COMPUTER VIRUS.IN THE EVENT OF A SYSTEM FAILURE OR INTERRUPTION, YOUR DATA MAY BE LOST OR DESTROYED. YOU ASSUME THE RISK OF LOSS OF YOUR DATA DURING ANY SYSTEM FAILURE OR INTERRUPTION.
LIMITATION OF LIABILITY; INDEMNIFICATION
IN NO EVENT WILL WE OR ANY SERVICE PROVIDERS BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER CAUSED BY OR RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YOUR INFORMATION; (3) ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE SERVICE, OR (4) ANY OTHER FAILURE, ACTION, OR OMISSION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR SERVICE PROVIDERS HARMLESS FROM ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) ARISING FROM (1) A THIRD-PARTY CLAIM, ACTION OR ALLEGATION OF INFRINGEMENT, MISUSE OR MISAPPROPRIATION BASED ON INFORMATION, DATA, FILES OR OTHER MATERIALS SUBMITTED BY YOU TO OR THROUGH THE SERVICE; (2) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THIS TOU BY YOU; (3) ANY THIRD-PARTY CLAIM, ACTION OR ALLEGATIONS BROUGHT AGAINST US ARISING OUT OF OR RELATING TO A DISPUTE WITH YOU OVER THE TERMS AND CONDITIONS OF AN AGREEMENT OR RELATED TO THE PURCHASE OF SALE OF ANY GOODS OR SERVICES; (4) YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY; OR (5) USE OF THE SERVICE BY ANY THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU WILL NOT SETTLE ANY ACTION OR CLAIMS ON OUR BEHALF WITHOUT OUR PRIOR WRITTEN CONSENT.
All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may send to us regarding any Service (including but not limited to our web sites) shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
GENERAL TERMS
Term and termination
We may terminate your use of the Service for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using the Service upon our request.
All applicable provisions of this TOU shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.
Other agreements
This TOU is applicable to the Services described herein and is in addition to the Digital Services Agreement and any other agreements and disclosures that apply to your account(s) (where applicable). If there is a conflict between this TOU and the terms and conditions of any disclosures or agreements that specifically address the Services, this TOU will control in resolving those inconsistencies.
Intended use
The Service is intended for people that are at least 18 years old or otherwise able to lawfully enter into contracts under applicable law. Nothing related to the Service is intended for persons under the age of thirteen.
Use of the Service is subject to all applicable federal, state, and local laws and regulations. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound.
Using the Service from outside the United States
The Service may not be available in all countries and you understand that the use of the Service is intended for users located in the United States.
We do not make any representations that any content or use of the Service is appropriate or available for use in locations outside of the United States, and accessing the Service from territories where any content or use of such service is illegal, is prohibited.If you choose to access the Service from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
Waiver
We will not be deemed to have waived any of our rights or remedies with regard to this TOU unless our waiver is in writing and signed by an authorized representative. No delay or omission on our part in exercising any rights or remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
Changes in Terms of Use
We reserve the right to modify this TOU at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By continuing to access the Service you agree to the most recent version of this TOU.
Assignment
You may not assign this TOU to any other party. We may assign this TOU or delegate or transfer any or all our rights and responsibilities under the TOU to any Service Provider.
Severability and governing law
If any provision of this TOU is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision in that or any other jurisdiction.
This TOU is governed by all applicable Federal laws of the United States of America and the laws of the State of New Jersey (without regard to any choice of law provisions thereof).
DEFINITIONS
The following definitions apply in this TOU:
The words (“we,” “our,”) and (“us”) means ConnectOne Bank and/or our Service Providers, and respective affiliates, successors, and assigns.
The words (“you”) and (“your”) means the person or persons that use the Service.
“Service Providers” means Recursive Labs and any third party that we have engaged to provide equipment, or other services in connection with the Service. This includes any agent, independent contractor, or subcontractor of any of the foregoing. You agree that we have the right under this TOU to delegate to Service Providers all of the rights and performance obligations that we have under this TOU, and that the Service Providers will be third party beneficiaries of this TOU and will be entitled to all the rights and protections that this TOU provides to us.
Please note, you may request a hard copy of this disclosure by visiting your local branch or calling us at 844-266-2548.