1. LIMITED LICENSE FOR USE OF SITE MATERIALS
The Materials are protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of Accerio. Additionally, downloading and copying the Materials is subject to the following restrictions: 1) you must retain all copyright and other proprietary notices contained in the Materials on all copies of the Materials that you make; 2) you may not modify the Materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose; and 3) you must give notice of these restrictions on use of the Materials to any person to whom you provide the Materials.
The software which is used to operate the Site (the “Software”) is the copyrighted work of Accerio, their affiliates, or the suppliers of either company. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and/or downloading Materials from it. You may use the Software only for this purpose, and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software. Certain third party software may also be made available on the Site. Accerio is in no way responsible for this software. It makes no warranty or representations regarding, and does not endorse, such software.
Except as expressly provided herein, Accerio and their affiliates do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, and you must not, use the ‘Accerio’ name, logo or any other registered or unregistered trade marks displayed on the Site or the tradename Accerio, without the prior written consent of an authorized officer of Accerio.
6. ADDITIONAL RESTRICTIONS
You acknowledge and agree to abide by all additional restrictions displayed on the Site, as it may be updated from time to time. If you are Accerio customer, you may be granted access to restricted areas of the Site. Your use of the Site must be limited to the areas to which you have been granted access and you shall not attempt to access any other restricted area.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS, ACCERIO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY, ADVICE, OPINION OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED ON THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. ACCERIO RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE MATERIALS AND TO MAKE ANY OTHER CHANGES TO THE SITE, MATERIALS, TOOLS, PRODUCTS, SERVICES AND PRICES (IF ANY) DISPLAYED OR DESCRIBED AT THIS SITE AT ANY TIME WITHOUT NOTICE.THIS SITE, THE INFORMATION AND MATERIALS ON THIS SITE, AND THE SOFTWARE MADE AVAILABLE ON THIS SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE. ACCERIO DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE USE; NOR DOES ACCERIO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR CONTENT. ACCERIO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TRUTHFULNESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THIS SITE.
Accerio does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data. Accerio does not assume any responsibility or risk for your use of the Internet.
9. LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, ACCERIO, THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL , CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR YOUR INFORMATION HANDLING SYSTEM, PAIN AND SUFFERING OR EMOTIONAL DISTRESS) THAT ARE RELATED TO THE USE OF THE SITE, OR THE USE OF CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT WILL THEIR COLLECTIVE LIABILITY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THEM FOR THE USE OF THE SITE OR THE PRODUCTS AND SERVICES OUT OF WHICH THE LIABILITY AROSE OR, IF YOU HAVEN’T MADE ANY PAYMENTS TO THEM, THEN THEIR LIABILITY SHALL NOT EXCEED Euros 100.00.
10. INTERNATIONAL USERS/LOCATION OF SITE/CHOICE OF LAW
Accerio does not make any representation that materials at this Site are appropriate or available for use at locations outside of Europe and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of Europe, you are responsible for compliance with all local laws.
11. CHANGES / SUSPENSION
You acknowledge that you may be using this Site or parts thereof under a “Company” account or “Company” relationship and that certain parts of this Site may only be accessible to individuals designated as authorized users by your Company. Accerio reserves the right to terminate your use of the Site and to deny access to your Company workspace upon notification from your Company that you are no longer an authorized user of the Company workspace.
Accerio may terminate, change, suspend or discontinue any aspect of this Site, including the available features of the Site, at any time. Accerio may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. Accerio may terminate the authorization to use the Site and any other rights set forth in this Agreement, and upon such termination, your right to use the Materials shall cease and you shall immediately destroy all Materials.
Failure to comply with these requirements may give rise to civil and/or criminal sanctions and/or result in the immediate restriction of your access to all or part of the Site, without notice.
12. THIRD PARTY SITES AND CONTENT
13. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the “Information”) on this website or send these to Accerio by e-mail or otherwise, Accerio shall be entitled to use, copy and/or commercially exploit such Information to the fullest extent and free of charge and Accerio shall not be bound by any confidentiality obligation in respect of such Information.
You hereby indemnify and hold Accerio harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Accerio as a result of the use and/or exploitation of the Information infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
14. LINKING TO THIS SITE
All links to the Site must be approved in writing by Accerio, except that Accerio consents to links in which: (i) the link is a text-only link containing only the name “accerio.com” or the URL ; ‘http://accerio.net’; ‘http://www.accerio.nl’ (ii) the link “points” only to the home page and not to deeper pages; (iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; (iv) the appearance, position, and other aspects of the link or of the source including the link may neither create the false appearance that an entity or its activities, statements or products are associated with or sponsored by Accerio nor include inaccurate statements about Accerio or their affiliates or damage or dilute the goodwill and reputation associated with them. Accerio reserves the right to revoke this consent to link at any time in its sole discretion.
15. GENERAL PROVISIONS
Any cause of action which you may have with respect to the use of this Site must commence within one year from the date the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum permissible extent so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall remain in full force and effect.
16. CONTACT INFORMATION
Contact us at Accerio or at firstname.lastname@example.org