Updated: December 2017
ACCEPTANCE OF TERMS
RIGHT TO MODIFY
Conformiq may change the services or delete features of the services at any time and for any reason. Conformiq may cancel or suspend your use of the services at any time without notice and for any reason. Upon service cancellation, your right to use the services stops immediately.
USE OF MATERIALS & DOCUMENTS
Permission to use white papers, press releases, datasheets, FAQs, and similar written Materials (“Documents”) from the CLP is granted, provided that (1) you do not remove, modify or tamper with any copyright notices on such Documents, (2) you use such Documents for informational and non-commercial or personal use only and do not be copy or post them on any network computer or broadcast in any media, and (3) you do not make any modifications to the Documents.
Use of the Materials for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
USE OF SOFTWARE AVAILABLE ON THIS WEB SITE.
Use of any Software that is made available to download from the CLP is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Terms"). You must agree to the License Terms before you can install or use any Software. If no License Terms accompany the Software, the terms set forth in the “Use of Materials & Documents” section shall govern your use of the Software. The Software is licensed, not sold, and Conformiq reserves all rights to the Software not expressly granted by Conformiq under the License Terms, whether by implication, estoppel, or otherwise.
Any reproduction or redistribution of the Software not in accordance with the License Terms is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Certain non-public or trade secret Materials may be marked “confidential” or otherwise be provided in a manner that a reasonable person should understand to be confidential information of Conformiq. For a period of five years from the time you accessed this confidential information, you may not disclose this confidential information to any third party. This restriction will not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed. You may disclose this confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give Conformiq enough prior notice to provide a reasonable chance to seek a protective order.
You may give Conformiq any suggestions, comments or other feedback ("Feedback") relating to the Materials. Any Feedback you voluntarily provide may be used in Conformiq products and related specifications or other documentation (collectively, "Conformiq Offerings") which in turn may be relied upon by other third parties to develop their own products. Accordingly, if you do give Conformiq Feedback on any version of the Materials or the Conformiq Offerings to which they apply, you agree: (a) Conformiq may freely use, reproduce, license, distribute, and otherwise commercialize your Feedback in any Conformiq Offering; (b) you also grant third parties, without charge, only those patent rights necessary to enable other products to use or interface with any specific parts of a Conformiq Product that incorporate your Feedback; and (c) you will not give Conformiq any Feedback (i) that you have reason to believe is subject to any patent, copyright or other intellectual property claim or right of any third party; or (ii) subject to license terms which seek to require any Conformiq Offering incorporating or derived from such Feedback, or other Conformiq intellectual property, to be licensed to or otherwise shared with any third party.
NO WARRANTIES; NOTICES REGARDING LIMITATION OF LIABILITY
CONFORMIQ AND ITS RESPECTIVE SUPPLIERS PROVIDE THE SERVICES (INCLUDING THE MATERIALS, DOCUMENTS AND SOFTWARE) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. WE PROVIDE NO WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
These terms do not affect the statutory rights of any consumer. They also do not exclude or restrict liability for death or personal injury arising from Conformiq’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
The services are copyright © 2017 Conformiq Inc. and/or its suppliers, 4030 Moorpark Ave. Suite 125, San Jose, CA 95117, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the services and its content. Conformiq and the names, logos, and icons of all Conformiq products, software, and services may be either trademarks or registered trademarks of Conformiq in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners.
Conformiq may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials, Documents and/or Software. Except as expressly provided in any written license agreement from Conformiq, the furnishing of Materials, Documents and/or Software does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
Your privacy is important to Conformiq. Conformiq uses certain information collected from you to operate and provide the services. As part of the services, Conformiq may automatically upload information about your machine, your use of the services and services performance. Conformiq may access or disclose information about you, including the content of your communications or content on the services. Conformiq may do so in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Conformiq or its customers, including the enforcement of Conformiq agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Conformiq employees, customers, or the public. Please review Privacy & Cookies relating to the collection and use of your information in connection with your use of the services.
LINKS TO THIRD PARTY SITES.
YOU MAY BE ABLE TO ACCESS THIRD PARTY SITES THROUGH LINKS ON THE CLP. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CONFORMIQ AND CONFORMIQ IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CONFORMIQ IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CONFORMIQ IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CONFORMIQ.
CONFORMIQ ACCOUNT AND SECURITY
You must sign in to the CLP using either a Conformiq Account or Organization Account. You are entirely responsible for any and all activities that occur under your account. You agree to notify Conformiq immediately of any unauthorized use of your account or any other breach of security. Conformiq will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You may be held liable for losses incurred by Conformiq or another party due to someone else using your account. You may not use anyone else's account without their permission.
PROHIBITED USE OF THE SERVICES
When using the services you must comply with these terms, all applicable laws, and the Conformiq Anti-Spam Policy . You must also obey any policies, codes of conduct, and notices Conformiq provides. The services are only for your personal use. You may not use the services, any content available on the services, or your account for any commercial purpose. You may be unable to use the services outside the country associated with your account. You may not use the services to harm others or the services. For example, you may not:
- Use the services to harm, threaten, or harass another person, organization, or Conformiq;
- Misrepresent your identity or interfere with any other party's use and enjoyment of the services;
- Damage, disable, overburden, or impair the services (or any network connected to the services);
- Resell or redistribute any part of the services or access to the services;
- Use or attempt to use any unauthorized means to modify, reroute, or gain access to the services;
- Remove, modify, or tamper with any notice or link that is incorporated into the services;
- Use any automated process or service (such as a bot, a spider, periodic caching of information stored by Conformiq, or meta-searching) to access or use the services, or to copy or scrape data from the services;
- Obtain (or try to obtain) any data from the services or related hardware, except the data that Conformiq intends to make available to you; or
- Use the services or related hardware to design, develop, or update unauthorized software.
If Conformiq believes that you are making unauthorized or improper use of the services, Conformiq may take such action as it deems appropriate without notice to you. These actions may include blocking messages from a particular Internet domain, mail server, or IP address. Conformiq may at all times: (a) disclose any information as Conformiq deems necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post or to remove any information or materials, in whole or in part.
The services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services. United States government permission is required to transfer these software and services to governments of any embargoed country or certain prohibited parties. Please see the U.S. Department of Treasury website for more information. Additionally, services are subject to United States export laws and regulations with which you must comply. These laws include restrictions on destinations, end users, and end use. For additional information, see the Exporting Conformiq Products website.
Conformiq and its employees do not accept or consider unsolicited ideas. This includes ideas for new advertisement campaigns, promotions, products, technologies, processes, materials, marketing plans, and product names. Please do not send any artwork, samples, demos, or other works to Conformiq or anyone at Conformiq. The purpose of this policy is to avoid misunderstandings or disputes when Conformiq’s products or marketing strategies seem similar to ideas submitted to Conformiq. If you send them anyway, please understand thatConformiq will not treat your ideas or materials as confidential or proprietary.
APPLICABLE LAW AND JURISDICTION.
Contracting party, choice of law, and location for resolving disputes.
(a) If you live in or your business is headquartered in North or South America, you are contracting with Conformiq Inc., 4030 Moorpark Ave. Suite 125, San Jose, CA 95117, USA, and California State law governs the interpretation of these terms and applies to claims for breach of them, regardless of conflict of laws principles. You and Conformiq irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Santa Clara County, California, USA, for all disputes arising out of or relating to these terms.