Effective Date: June 29, 2018
BY USING THE SITE AND IF APPLICABLE, BY LOGGING INTO THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE AND DO NOT LOG IN.
If you wish to delete your account (and all associated data) for any reason, please contact firstname.lastname@example.org.
SNP reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time and without notice. The "Effective Date" above displays the date of last modification of these Terms by SNP. You agree to the most updated Terms as of the Effective Date by your continued use of the Site and by logging into the Site. All Terms apply to your account since the date of your account’s creation and the date of your first use of the Site, without regard to when your account was created or when your first use occurred. So long as you comply with these Terms, SNP grants you a non-exclusive, non-transferable, and limited license ("License") to use the Site in accordance with these Terms.
1. License Limitations
Your individual access is specifically granted and limited by SNP. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SNP server, including any services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
Except for the License, SNP retains all other rights of use of the Site, all software and data contained in, associated with, or related to the Site. Your License is limited as follows:
2. Representations and Warranties
By logging into the Site, you represent and warrant that:
3. Confidentiality and Personal Data
The content of this Site is Confidential Information. "Confidential Information" is defined as all images, information, data whether provided by SNP or submitted by users of the Site, including all software, product information, technical specifications, and all other information existing on the Site.
You agree not to reproduce any Confidential Information to which you are provided access to through this Site in any form except as authorized by SNP in writing.
All Confidential Information on the Site, excluding any information and data which are identified in writing by you as your property, are the sole and exclusive property of SNP. Any reproduction or derivative of the Confidential Information will remain the property of SNP. You agree to maintain the secrecy and confidentiality of all Confidential Information, only use Confidential Information pursuant to these Terms, and prevent any unauthorized access to the Confidential Information.
You agree that if you provide access to Confidential Information, for example, by allowing others to view the Site, such access will be limited to your employees, officers, or agents, who are bound by obligations of confidentiality no less stringent than in these Terms ("Representatives"). You agree that access will only be granted to your Representatives on a need-to-know basis in connection with your use of this Site. You will be liable for a breach of these Terms by any of your Representatives.
Before you can use this Site, you must register with SNP and provide SNP with certain information, which may include personally identifiable information, such as your name and your email address ("Personal Data"). By providing SNP with Personal Data, you expressly consent and agree that SNP may collect, use, store and otherwise process your Personal Data for providing you with access to the Site and related activities and communications.
You are responsible for and agree to provide SNP with complete, true, and current information, including Personal Data, and to keep your Personal Data accurate and up-to-date. You can always correct or update your Personal Data. You may request information about your Personal Data stored with SNP, or the correction, or deletion of your Personal Data by contacting email@example.com or by using the "Contact Us" feature of the Site. Please note that if you request the deletion of your account or Personal Data, you will not be able to further access and use this Site.
You are solely responsible for the usage and security of your password and any activities that occur under your account. You will not use the account of anyone else at any time. You understand and agree that SNP collects, uses, stores and otherwise processes your information and utilization data and may share such data with third-party service providers for the purposes of improving this Site in accordance with SNP's Privacy Statement. If you do not consent to such processing and storage of your data, please cease using the Site immediately, and request deletion of your account (including all associated data) by sending an email to firstname.lastname@example.org.
4. Aggregation of Anonymized Data
You consent and permit SNP (i) to collect, use, and submit analysis data, including but not limited to, system data, configuration data, workflows, and parametrization of the system and (ii) to anonymize, aggregate, transfer, and/or transform such generated key performance indicator ("KPI") data into an SNP-owned database for commercial purposes. KPI-data enable SNP to compare your KPIs towards those of other installations. Analysis data will be decoded and/or anonymized in order to ensure your anonymity in the analysis data. You assign and/or grant to SNP all necessary worldwide rights, including a perpetual license, to use, process, duplicate and modify such analysis data and to use the KPI-data without any limitation. SNP will have exclusively all intellectual property rights and/or other economic exploitation rights with regard to KPI-data and only SNP will be entitled to use and exploit the KPI-data for all purposes. SNP’s rights are irrevocable, transferrable, sub-licensable and unlimited in time, territory, or content. For clarity, you retain all right, title and interest in and to your unprocessed data.
5. Exclusion of Warranties
This Site is being provided to you "AS-IS". To the fullest extent allowable by law, SNP does not guarantee or warrant any features or qualities of this Site or give any undertaking with regard to any other quality. Statements and explanations on this Site are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. Warranties are validly given only with the express written confirmation of SNP's management.
SNP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SNP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SNP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SNP SERVICES ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST SNP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS MADE A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SNP reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason, (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. SNP and its hosting provider may suspend or terminate access to this Site at any time if SNP and/or its hosting provider determines that you adversely affect the Site in any way, including, without limitation, that you (i) pose a security risk to the Site, (ii) could adversely impact the Site or other customers of SNP or its hosting provider, (iii) could subject SNP and/or its hosting provider to any third-party liability, or (iv) could be fraudulent. For the avoidance of doubt, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
7. Limitation of Liability
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SNP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SNP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE OR SNP MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SNP MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE OR SNP MATERIALS.
You agree to indemnify and hold SNP, its affiliates, officers, employees, partners, and agents, harmless from and against any claim or demand, including reasonable attorney's fees, made by any third party arising out of your breach of these Terms, your use of this Site, any of your actions on or related to the Site, and/or breach of your representations and warranties.
9. Governing Law and Arbitration
These Terms will be interpreted and enforced in accordance with the laws of the State of Delaware, US, without regard to conflict of law principles. If you believe that a dispute, controversy, or claim has arisen out of these Terms (a "Dispute"), then you will promptly notify SNP by submitting a summary of such Dispute, in writing to email@example.com by electronic mail or to 4929 W Royal Lane, Suite 202, Irving, TX 75063 by regular mail. Any summary will be deemed delivered upon receipt by SNP. If you find that any Dispute is not resolved to your satisfaction by an SNP representative, you agree that any Dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms, will be exclusively determined by arbitration in Philadelphia, Pennsylvania, US before three arbitrators. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having competent jurisdiction.
This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. SNP may, without waiving any remedy under these Terms, seek temporary or permanent injunctive relief including, without limitation, equitable relief from any court of competent jurisdiction to protect its Confidential Information and intellectual property rights. SNP will be entitled to recover from you its actual costs and expenses (including reasonable attorneys' and arbitration fees and expenses) incurred in connection with any adjudication relating to or arising under these Terms or the Site.
If for any reason an adjudicator of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision of these Terms will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The failure to enforce or the delay in enforcement of any provision, right, or option of these Terms will in no way be construed to be a waiver of such provision, right, or option unless signed by the party waiving such provision, right, or option. In no event will such action be deemed a waiver of any other right which that party may otherwise have at law or in equity.
All notices required or permitted under these Terms will be in writing and may be delivered by courier, overnight delivery service, by certified mail, or electronic mail, and in each instance will be deemed delivered upon receipt. All notices will be sent to the SNP address or email address provided in these Terms, your email address as provided during your account setup, or to such other address as may be specified by you or SNP in writing for the delivery of notices.
13. Force Majeure
Neither you nor SNP will be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, technological failures, war, riot, act of God or governmental action.
14. No Agency
These Terms are not intended to create any partnership, teaming, joint venture, or agency relationship between you or SNP. Except as otherwise provided in these Terms, neither you nor SNP authorize the other to act on its behalf on this Site.
These Terms contain the entire understanding between you and SNP and supersedes all prior agreements, proposals, or terms related to the Site as of the Effective Date.
16. Compliance with Applicable Laws
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE US, EU, AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING THIS SITE. IF YOU ARE NOT IN COMPLIANCE WITH APPLICABLE LAWS OR HAVE REASON TO BELIEVE YOU ARE NOT IN COMPLIANCE WITH APPLICABLE LAWS, DO NOT LOG IN AND CEASE ALL USE OF THE SITE IMMEDIATELY.