AGREEMENT WITH CYMULATE LTD
MODIFICATION OF TERMS
We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your access to and use of software and other materials on, or through, this Website is solely at your own risk. We make no representation, warranty or covenant whatsoever about the reliability, stability or virus free nature of such software.
- In the event that You are interested in engaging in a commercial transaction with respect to the Platform, such transaction and the commercial terms thereto shall be handled in accordance with and upon signing of a separate definitive agreement.
- Cymulate may make changes to the Agreement as it distributes new versions of the Platform. When these changes are made, Cymulate will make a new version of the Agreement available on the website where the Platform is made available.
- You hereby agree that Cymulate may identify You on Cymulate’s website(s) and other marketing materials as a user of the Platform.
- Should you have any questions concerning this Agreement, or if you desire to contact Cymulate for any reason, please direct all correspondence to Cymulate Support
DISCLAIMER OF WARRANTY
We have taken reasonable steps to ensure the information provided by us on this Website is accurate at the time you view it. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed or act upon any of its contents. We aim to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Website without notice. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Website is unavailable at any time or period.
To the maximum extent permitted By applicable law,we disclaim all representations, warranties and covenants relating to the Information, software, products and services contained in this website. All such information, Software, products and services are provided “As is” without representation, warranty or Covenant of any kind, including all implied warranties and conditions of merchantability, Fitness for a particular purpose, title and non-infringement
LIMITATIONS ON LIABILITY
In no event shall cymulate or anyone on its behalf be liable for any indirect, consequential, incidental, special or punitive damages of any kind, including without limitation damages for loss of business or profits, business interruption, loss of business information or loss or damages to goodwill, in connection with this agreement regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if cymulate has been advised of the possibility of such damages or loss. Notwithstanding anything to the contrary herein, under no circumstances will cymulate’s total and aggregate liability to you from all causes of action of any kind, including without limitation contract, tort, negligence, strict liability, breach of warranty, or otherwise, arising out of or related to this agreement, exceed us $100. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
LINKS TO THIRD-PARTIES’ WEBSITES
This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.
LIMITATIONS ON USE
You agree to use this Website solely to determine if Cymulate’s Platform and services fit your needs. You agree to use the Website’s services to make only legitimate actions. You agree to not abuse the Website. “Abuse” includes, without limitation, using the Website to:
- Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
- Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
- Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
- Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark.
- Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
- Download or upload files that are unlawful to distribute through the Website.
- Interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Website.
- Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at Cymulate’s computer systems or otherwise, create unreasonable load upon any of Cymulate’s computer hardware, network, storage, input/output or electronic control devices or infrastructure.
- Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
- Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another.
- Violate this Agreement in any other manner.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, copyright, database rights and other intellectual property rights in the content and materials included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations (as well as the organization and lay out of the Website), and software are the property of Cymulate Ltd, its affiliates or its content suppliers and is protected by international trademark copyright and database laws and treaties around the world. All such rights are reserved. This Website is for your personal use, non-commercial use and you may print off one copy and download extracts of any page(s) from our Website for this purpose. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. You also agree not to create and/or publish your own database that features all or any part of this Website without our prior written express consent. Our status (and that of any identified content suppliers or third party links or pointers) as authors of the material on our Website must always be acknowledged. If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and automatically and you must, at our option, return or destroy any copies of the materials you have made.
We will take all reasonable measures to insure information you transmit to us using the Website will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence, in which event you will be entitled to compensation up to a maximum of the value of the services purchased by you.