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Terms of Use

Last Revised: 28 AUGUST 2021

These Terms of Use (“Terms”), and the policies and other documents referenced in these terms, form an agreement between you and Commonly Well, PBC (“Commonly” or (“We”). These Terms apply to both Customers and Participants, each described below, who use and interact with the Recovery Capital Index® (“RCI”). These terms are exclusive to the RCI and are legally binding between you and Commonly Well as of the data you first accept these terms. 

As a Customer, you will have accepted these Terms when completing the subscription ordering process and agreeing to Commonly’s Business Associate and Qualified Service Organization Agreement (“BAA”). 

As a Participant, you will have accepted these Terms upon your first interaction with the RCI.

If you do not agree with or meet the qualifications of these Terms, you may not enter into this Agreement or use the RCI or RCI Platform.

1. DEFINITIONS

The RCI collects, quantifies, and analyzes personal- or user-reported data through a structured survey instrument. The RCI is delivered via software provided by our technology partner, Gloo, LLC, (“RCI Platform” or “Platform”) but also made available through API integrations, and content licensing for researcher and academic institutions (“RCI Materials” or “Materials”).

Commonly is the exclusive licensor of the Recovery Capital Index. 

“Customers” are defined as any organization, entity, or individual that directly purchases or secures the right to use the RCI (“Services” or “Products”) through the Platform or by the Materials. Customers also include those individuals who have been granted access to the Platform through a user account or use of the Materials. 

As a Customer, you have purchased a subscription to the RCI Platform from Commonly through its partner, Gloo. Use of the RCI Platform is subject to additional terms specified in the RCI Platform Order Form (“Order Form”) and the Business Associate & Qualified Service Organization Agreement. Customers are further bound by those terms.

“Participants” are individuals who are provided the RCI through the Platform or by other means from the Customer and engage in or interact with the survey, its results, and other related services and communications. 

2. SERVICES OFFERED

The Order Form identifies and defines the nature of the products and services (“Services”) delivered to the Customer and further represented by this Agreement.

3. ACCESS AND USE

Commonly hereby grants to you a nonexclusive, revocable, non-transferable right to access, use, distribute, and display the RCI through the Platform solely for the purpose of administering the RCI survey, collecting related information thereto, and using all other features of the Platform as permitted. Customer may access the RCI through the RCI Platform or in paper form, if necessary, and deliver the RCI to the number of Participants as identified in the Order Form.

During the term of use, Customer agrees and is subject to the terms and conditions of the Business Associate and Qualified Services Agreement, if applicable.

Use of the RCI Materials and the RCI Platform for any purposes other than those described in this section is a violation of this Agreement. For clarity, and unless otherwise agreed, the rights granted in this section DO NOT include the right to:

  1. reproduce, distribute, display, or otherwise disseminate the RCI Materials, the RCI Platform, or any part thereof outside of the scope of this Agreement;
  2. create derivative works or make alterations to the RCI Materials, the RCI Platform, or any part thereof;
  3. use the RCI Materials, the RCI Platform, or any part thereof, including the RCI survey, to develop, validate or optimize a new or existing assessment or predictive model of consumer health management, engagement, program evaluation, quality improvement, or similar assessment or predictive modeling tool;
  4. rent, sell, sublicense, publish, or transfer the RCI Materials or RCI Platform;
  5. reference or use the RCI Materials or RCI Platform to advertise, promote, publicize, or validate a proprietary measurement tool or intervention;
  6. reverse engineer, reverse translate, decompile, disassemble or in any manner decode the RCI Materials, the RCI Platform, or any part thereof, or any of the algorithms contained therein; or
  7. use the RCI Materials or RCI Platform in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Commonly reserves all rights not expressly granted to you under this Agreement. No license or rights are granted to you by implication, estoppel, or otherwise, other than as expressly granted herein. The Parties acknowledge that the non-exclusive nature of the access and use rights granted herein permits Commonly to execute access and use agreements with other persons in Commonly’s sole discretion.

Commonly may temporarily suspend your access to all or any portion of the RCI Materials or RCI Platform if: (a) Commonly reasonably determines that (1) there is a threat or attack on the RCI Platform; (2) your use of the RCI Platform disrupts or poses a security risk to the RCI Platform or to any other customer or vendor of Commonly; or (3) Commonly’s provision of the RCI Materials or RCI Platform to you is prohibited by applicable law; (b) any vendor of Commonly has suspended or terminated Commonly’s access to or use of any third-party services required to enable you to access the RCI Materials or RCI Platform; or (c) in accordance with Section 4.2 (collectively a “Service Suspension”). Commonly shall use commercially reasonable efforts to (A) provide notice of any Service Suspension and updates regarding resumption of access to the RCI Materials or RCI Platform following any Service Suspension, and (B) resume providing access to the RCI Materials or RCI Platform as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Commonly will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer may incur as a result of a Service Suspension.

4. PRIVACY

The RCI collects and process information provided by and about you. All details about how we use, share, protect, and steward your personal information and information provided to the Platform are found in our Privacy Policy.

5. DATA

”Customer Data” means data or information in any form that is submitted, posted, or otherwise transmitted by or on behalf of Customer through the RCI Platform. Customer Data includes all individual data captured through Participants’ use of the RCI Platform, but does not include Validation Data. “Validation Data” means all usage data captured through Customer’s use of the RCI Platform, all individual data captured through Participants’ use of the RCI Platform that has been de-identified within the meaning of the HIPAA Privacy Rule, and any derivatives of such usage data or de-identified data that are used by Commonly in an aggregate and anonymized manner.

As between Commonly and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer is responsible for the accuracy, quality, and reliability of Customer’s Data and to use Customer’s Data in accordance with applicable law. Customer hereby grants to Commonly during the term of this Agreement a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Commonly to provide the RCI Materials or RCI Platform to Customer.

If the Parties have executed a BAA to comply with the HIPAA Privacy Rule or 42 C.F.R. Part2, the BAA shall govern and shall supersede this section. If the Parties have not executed a BAA, this section shall apply. Commonly, or Customer if integrating RCI Materials into their technology, shall implement administrative, physical, and technical safeguards to protect the Customer Data from unauthorized access, disclosure, alteration, or damage that are in accordance with generally recognized industry practices, which shall at minimum require compliance with SOC 2 data security criteria and standards. Commonly, or Customer, shall implement commercially reasonable data backup and disaster recovery procedures with respect to the Customer Data. Commonly, or Customer, shall promptly report to the Other any breach of security or unauthorized access to the Customer Data that Commonly or the Other becomes aware of, shall use diligent efforts to remedy such breach of security or unauthorized access in a timely manner, and shall keep Customer or the Other reasonably informed on the progress of such remedy.

Commonly may compile Validation Data based on Customer Data input into the RCI Materials or RCI Platform, and may monitor Customer’s use of the RCI Platform in order to collect and compile Validation Data. With respect to Customer Data captured through Participants’ use of the RCI Materials that is not input into the RCI Platform, Customer shall provide all such Customer Data to Commonly for inclusion in the Validation Data, (a) in a form that has been de-identified within the meaning of the HIPAA Privacy Rule, (b) in the electronic format agreed upon by the Parties, and (c) at least quarterly, and as reasonably requested from time to time.

As between Commonly and Customer, Commonly owns all right, title, and interest, including all intellectual property rights, in the Validation Data. Commonly may make Validation Data publicly available in compliance with applicable law, and may otherwise use Validation Data to the extent and in the manner permitted under applicable law. Customer hereby grants to Commonly a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data to the extent incorporated within the Validation Data.

6. CONSENT & ELIGIBILITY

We believe that any personal data collected must be done voluntarily. 

As a Customer, you agree to obtain content, either written or verbal, from all Participants before collecting any information or delivery the RCI and/or Services to the Participant. 

As a Participant, you agree to provide your consent, either written or verbal, to the organization, entity, individual seeking to use the RCI and/or services with you. 

Customers that are subject to 42 C.F.R. Part 2 or the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. Parts 160 and 164, agree to the consent, use, privacy, and disclosure rules contained therein and as they relate to the collection, use, and disclosure of any and all substance use disorder information about Participants. You understand that your use of the RCI and access to Services may be immediately denied or revoked if you fail to comply with 42 C.F.R. Part 2 and/or HIPAA. 

Participants have the right to deny or revoke consent of the disclosure of your substance use disorder information, if obtained through you, by Customer at any time. 

The RCI is not to be used by Participants younger than 15 years old.

7. CONFIDENTIALITY

For purposes of this Agreement, “Confidential Information” means all information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), orally, in writing, or in any other medium, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The terms of this Agreement shall be treated as Confidential Information of both Parties. The RCI shall be treated as Confidential Information of Commonly. However, except for Protected Health Information as defined in the Privacy Rule, Confidential Information shall not include any information that (a) is or becomes generally known to the public without breach of any confidentiality obligation by the Receiving Party or its representatives, (b) was known to the Receiving Party or its representatives prior to its disclosure by the Disclosing Party, (c) is received from a third party without breach of any confidentiality obligation owed by such third party, or (d) was independently developed by the Receiving Party without reference to or use of, in whole or in part, any of the Disclosing Party’s Confidential Information.

During and after the term of this Agreement, the Receiving Party shall (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would use to protect its own Confidential Information, but in no event with less than a reasonable degree of care, (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement, and (c) not disclose any such Confidential Information, except to the Receiving Party’s representatives who need to know the Confidential Information to assist the Receiving Party to exercise its rights or perform its obligations under this Agreement, and who are subject to confidentiality obligations at least as protective as those herein. The Receiving Party shall be responsible for any breach of this Section 6 caused by any of its representatives. The Receiving Party shall immediately inform the Disclosing Party in writing of any unauthorized possession or use of the Disclosing Party’s Confidential Information of which the Receiving Party becomes aware, and shall reasonably cooperate with the Disclosing Party, at the Disclosing Party’s cost, to protect its proprietary rights in such Confidential Information.

The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest or limit the disclosure.

8. OWNERSHIP & COPYRIGHT

Face It TOGETHER, Inc. owns the copyright and other rights in and to the RCI, developed by David Whitesock, JD/MA and others. Commonly is the exclusive licensee of certain rights related to the RCI. All rights to the RCI, the RCI Materials, and the RCI Platform, not otherwise granted to you in these Terms are reserved by Commonly, Face It TOGETHER, and/or Gloo. 

You shall not alter, add, change, or remove any identification marks, including copyright or trademark notices, from the RCI Materials as provided to you. If you reference the RCI in written materials, publish any studies or findings relating to your use of the RCI, or in any other way publicize you use of the RCI, you shall at all times refer to the RCI survey as the “Recovery Capital Index®” or “the RCI®” survey. You may not use Commonly’s trademarks, service marks, or other indicia of source or sponsorship, except with Commonly’s prior written consent or as expressly permitted by this Agreement.

9. RESTRICTIONS

Commonly reserves all of its rights, title and interest with regard to the RCI and/or Services, including all of its related intellectual property rights. No rights or licenses in the RCI or in any intellectual property right are granted to you other than:

  1. To use the RCI for its defined purposes only and in accordance with any guidelines included in the Product, other terms, and agreements.
  2. To download, copy or otherwise extract information and data from the Platform for internal business purposes only. If said information and/or data (other than any content, data and information which you submit to the Product) is used in derivative works (such as but not limited to a presentation, a report, an electronic mail), the following statement will be used in generally acceptable font: “Source: Recovery Capital Index® and Commonly Well, PBC”;

You agree therefore that you will not yourself, or through any other third party:

  1. Sell, assign, lease, license, sublicense, encumber or otherwise exploit (any part of) the RCI;
  2. De-compile, disassemble, or reverse engineer (any part of) the RCI, Platform, or Materials, or engage in any other activity in order to obtain underlying information that is not visible to the user in connection with a normal use of the RCI;
  3. Use the RCI for anything other than the purposes defined for Customers and Participants;
  4. Provide, disclose, divulge or make available to, or permit use of the RCI by and to any third party without Commonly’s prior written consent.

10. WARRANTIES & LIMITATION OF LIABILITY

Each Party represents and warrants that it has not: (a) been listed as debarred, excluded, suspended or otherwise ineligible for participation in federal health care programs (as defined in Section 1128B(f) of the Social Security Act) (“Government Program”), or (b) been convicted of a criminal felony. Each Party agrees to immediately notify the other Party in the event it subsequently becomes debarred, excluded, suspended or otherwise ineligible for participation in, or is convicted of a criminal offense that may be a basis for mandatory exclusion from participation in, any Government Program. In the event that a Party becomes debarred, excluded, suspended or ineligible, then the other Party may terminate this Agreement immediately upon notice.

COMMONLY PROVIDES ACCESS TO THE RCI PLATFORM AND RCI MATERIALS ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, COMMONLY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. FOR EXAMPLE, COMMONLY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF COMMONLY KNOWS OF SUCH PURPOSE), TITLE, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMONLY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY: (A) AS TO THE ACCURACY, COMPLETENESS, CURRENCY, LEGALITY, USEFULNESS, OR RELIABILITY OF ANY DATA OR RESULTS AVAILABLE THROUGH THE RCI MATERIALS, RCI PLATFORM, OR ANY SERVICES HEREUNDER, OR (B) THAT THE USE OF THE RCI MATERIALS, RCI PLATFORM, OR ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED, TIMELY, COMPLETE, OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT COMMONLY IS NOT LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, IN CONNECTION WITH THESE TERMS. In no event will Commonly’s licensors, suppliers, or partners have any liability to you for any damages (whether direct or indirect, consequential or otherwise) arising from or related to these Terms, and you agrees not to assert any claim against Commonly’s licensors, suppliers, or partners in connection with these Terms.

11. INDEMNITY

Each Party (as the “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party and its affiliates, and each of their respective officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all losses, liabilities, damages, expenses and costs, including reasonable attorneys’ fees and expenses, incurred by the Indemnified Party as a result of any third party claim, demand, action or other proceeding arising from or related to any act or omission of the Indemnifying Party, its officers, directors, employees, agents, or assigns, that constitutes an actual or alleged breach of this Agreement, violation of law, or negligence or willful misconduct (each a “Claim”).

Commonly (as the “Indemnifying Party”) shall indemnify, defend and hold harmless Customer and its affiliates, and each of their respective officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all losses, liabilities, damages, expenses and costs, including reasonable attorneys’ fees and expenses, incurred by the Indemnified Party as a result of any third party claim, demand, action or other proceeding asserting that the RCI Materials or RCI Platform, or any use of the RCI Materials or RCI Platform in accordance with this Agreement, infringes or misappropriates such third party’s U.S. intellectual property rights (each a “Claim”). If such a Claim is made or appears possible, Customer agrees to permit Commonly, in Commonly’s sole discretion, (a) to modify or replace the RCI Materials or RCI Platform, or any portion thereof, to make it non-infringing, or (b) to obtain the right for Customer to continue its use. If Commonly determines that neither alternative is reasonably available, Commonly may terminate this Agreement, in its entirety or with respect to the affected portion, effective immediately on notice to Customer. This section will not apply to the extent that the alleged infringement arises from (A) use of the RCI Materials or RCI Platform in combination with data or technology not provided by Commonly or authorized by Commonly in writing, (B) modifications to the RCI Materials or RCI Platform not made by Commonly, or (C) Customer Data. THIS SECTION SETS FORTH CUSTOMER’S SOLE REMEDIES AND COMMONLY’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL  OR THREATENED CLAIMS THAT THE RCI MATERIALS OR RCI PLATFORM INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

The Indemnified Party shall (a) give the Indemnifying Party reasonably prompt written notice of the Claim (provided that the failure to give prompt written notice shall not relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure); (b) give the Indemnifying Party sole control of the defense and settlement of the Claim (provided that the Indemnifying Party shall not enter into any stipulated judgment or settlement that purports to bind an Indemnified Party without the Indemnified Party’s express written authorization, which shall not be unreasonably withheld or delayed); and (c) provide to the Indemnifying Party all reasonable assistance, at the Indemnifying Party’s expense. The Indemnified Party may participate in the defense of such Claim with counsel of its own choosing and at its own expense. Any Indemnified Party who is not a Party to this Agreement is an express third party beneficiary of this section.

12. TERM

This Agreement shall begin on the execution of the Order Form and continue for the period selected (“purchase period”) in the Order Form; or for participants, upon consent and first use of the RCI Platform.

13. TERMINATION

Either Party may terminate this Agreement upon written notice if the other Party materially breaches this Agreement or the BAA, and such breach (a) is incapable of cure, or (b) remains uncured 30 days after written notice thereof. Commonly may terminate this Agreement immediately upon written notice to you if you breach any of your obligations herein.

Upon termination or expiration of this Agreement, all rights relating to the RCI Materials or the RCI Platform granted to you in this Agreement shall cease, and you shall immediately cease (a) accessing the RCI Platform, and (b) all use of the RCI Materials and Commonly’s Confidential Information. Promptly following termination, you shall return to Commonly or destroy all documents and tangible materials containing, incorporating, or based on Commonly’s Confidential Information, permanently erase all of Commonly’s Confidential Information from all systems you control, and upon Commonly’s written request, certify in writing that it has complied with the requirements of this section.

Upon termination or expiration of this Agreement, Commonly shall immediately cease all use of Customer Data and Customer’s Confidential Information. Upon written request by Customer made within 60 days following termination, Commonly will make available to Customer a complete copy of all Customer Data in Commonly’s possession, in Commonly’s native format or other format as mutually agreed. After this 60 day period, Commonly will have no obligation to maintain or provide any of Customer’s Data except as required by law. Promptly following such transfer of Customer Data, Commonly shall return to Customer or destroy all documents and tangible materials containing, incorporating, or based on Customer’s Confidential Information, permanently erase all of Customer’s Confidential Information from all systems Commonly controls, and upon Customer’s written request, certify in writing that it has complied with the requirements of this Section 12.4. For clarity, Commonly’s obligations under this Section 10.5 do not apply to the Validation Data. 

Notwithstanding this section, the Receiving Party may retain the Disclosing Party’s Confidential Information, and Commonly may retain Customer Data, in each case in its then current state and solely to the extent and for so long as required by applicable law. Commonly may also retain Customer Data in its backup systems until such Customer Data is deleted in the ordinary course. All information described in this section will remain subject to all confidentiality, security, and other applicable requirements of this Agreement.

Termination of Commonly’s agreement with Face It TOGETHER, Inc., for the right to use and sublicense the RCI Materials and RCI Platform shall terminate this Agreement; provided, however, that Customer may request continuation of this Agreement by making written request to Commonly, within 60 days of Customer’s receipt of notice of termination, to assign this Agreement to Face It TOGETHER, Inc. Such request for assignment shall be subject to approval of each of Commonly and Face It TOGETHER, Inc., in its sole discretion.

Termination of Commonly’s agreement with Gloo, LLC., for the right to use and deliver the RCI through the RCI Platform shall terminate this Agreement; provided, however, that Customer may request continuation of this Agreement by making written request to Commonly, within 60 days of Customer’s receipt of notice of termination, to assign this Agreement to Gloo. Such request for assignment shall be subject to approval of each of Commonly and Gloo, in its sole discretion.

14. DISPUTE RESOLUTION

These Terms shall be governed and interpreted according to the laws of the State of Delaware, without giving effect to any provisions thereof that would require the application of the law of a different state. Any dispute concerning these Terms that cannot be resolved by informal negotiation shall be submitted to non-binding mediation in the State of Delaware. Within 20 days after either party refers a dispute to mediation, the parties shall agree upon an impartial mediator experienced in commercial transactions, and upon a procedure and schedule for (a) exchange of information related to the dispute, and (b) conducting the mediation. All conduct and statements made by any participant in the course of the mediation are confidential, privileged and inadmissible for any purpose, including impeachment, in any other proceeding between the parties, unless such evidence is otherwise admissible or discoverable. If a mediation fails or if any party so chooses, a proceeding may be brought solely and exclusively in the appropriate state or federal court located in the State of New York. Each of the parties consents to the jurisdiction of such courts and waives any objection to jurisdiction or venue laid therein.

15. BRAND USE

Commonly may display Customer’s name and logo on Commonly’s website and other promotional materials for the purpose of indicating that Customer is a customer of Commonly. Any other public statement regarding the subject matter of this Agreement including press releases or blog posts shall require mutual agreement of the Parties.

16. NOTICE

Notices under this Agreement shall be in writing and sent to Commonly at 3 College Park Rd, Potsdam, NY 13676, or to you at the physical or electronic address associated with your Account, by certified or registered mail (return receipt requested), or by a nationally-recognized courier service. Notice will be effective upon receipt or refusal of delivery. Notice by email will be effective upon receipt if confirmed by another method specified in this section. Each Party may change its address for receipt of notice by giving notice of such change to the other Party.

17. GENERAL PROVISIONS

This Agreement shall be binding upon the Parties’ respective successors and permitted assigns. The rights granted hereunder and this Agreement may not be assigned, transferred, or sublicensed directly or indirectly, by operation of law, contract or otherwise, by you except with the express written consent of Commonly, which may be withheld at Commonly’s sole discretion. 

This Agreement replaces and supersedes any prior agreements between the Parties and sets forth the entire agreement between the Parties. 

This Agreement may be modified only by an amendment signed by each Party. If any provision of this Agreement shall be found to be illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and such term or provision shall be deemed stricken to the extent necessary for compliance with applicable law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any one or more provisions of this Agreement shall be adjudicated to be illegal, invalid, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The adjudicating body may substitute for any illegal, invalid, or unenforceable provision a valid or enforceable one, which achieves the economic, legal and commercial objectives of the invalid or unenforceable provision to the greatest extent possible.

The provisions of this Agreement which by their nature are intended to survive the termination or expiration of the Agreement, including confidentiality, indemnities, limitations of liability, and reservations of rights, shall continue as valid and enforceable obligations of the parties notwithstanding any such termination or expiration.

18. FEEDBACK

If you communicate to Commonly any comments, questions, suggestions, or the like relating to the RCI (”feedback”), Commonly is free to use such feedback, including any intellectual property rights contained in the feedback, for any purpose whatsoever, without any attribution or compensation to any party. You have no obligation to provide any feedback to Commonly.

19. MODIFICATION

We reserve the right to make any changes to these Terms or to any part of the RCI Platform and RCI Materials, upon sufficient notice to you under these Terms. If you reject any such changes, you may discontinue your use of the RCI at any time. Your continued use of the RCI and related Services following any such change constitutes your acceptance of and agreement with such change.

20. CONTACT INFORMATION

For any privacy, data, technology, copyright, or other question, complaint, or feedback, please use the contact information below:

Postal Address:
Commonly Well, PBC
3 College Park Rd.
Potsdam, NY 13676

Email Address:
hello@commonlywell.com