Website Terms of Use
Effective as of December 16, 2016, Adeptec, Inc., and its subsidiaries, (collectively, “Adeptec” or “we” or “us” or “our”) have published our Website Terms of Use (“Terms”) that apply to the use of our websites and services (as herein defined).
1. Introduction.
These Terms represent a legal agreement that governs your use of our websites and services (collectively, “Services”).
For the purposes of these Terms, the term, “Websites”, shall refer collectively to www.adeptec.com as well as the other websites that the Adeptec operates and that link to these Terms.
The Terms do not apply to your purchase of products and services (collectively “Professional Services”); which we market for sale on our Websites. The practices and policies for our Professional Services are detailed in and governed by our Master Services Agreement.
2. Modification.
We may modify these Terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. We will post notice of modifications to these terms on this page. You should look at the Terms regularly. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised Terms.
3. Acceptance.
By accessing and using the Websites, you accept and agree to be bound by Adeptec’s Website Terms of Use, Privacy Policy, and Cookie Policy. If you do not agree to these Terms, you should not access or use any of our Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
4. Eligibility.
You may only use the Services if you are over 13 years old.
5. Use of Services by You.
Subject to your compliance with these following terms, you may access and use the Services:
A. You acknowledge and agree that Adeptec makes no representation or warranty regarding Content on the Services.
B. You represent and warrant to us that you will use the Services solely for your own, non-commercial, personal use for your own account.
C. Adeptec does its best to provide the right information, names, images, pictures, logos, icons, documents, partner links and other materials on the website, it makes no illustration, endorsement, or warranty that such Contents are perfect or precise for any particular purpose. Adeptec makes no representations, endorsements, or warranties either articulated or implied with, but not restricted to, any warranties of title or accurateness and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law with respect to any website operated by a third party.
D. You acknowledge and agree that, subject to the disclaimer of warranties and limitation of liability set forth in this Agreement, your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under the control of Adeptec or in anyway connected to the Services, shall be at your sole risk and responsibility and Adeptec shall have no obligation to back-up such data, files, information and/or other materials. Adeptec expressly reserves the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services that Adeptec deems, in its sole discretion, to be in violation of this Agreement and/or any local, state, or federal law or regulation.
E. You are solely responsible for (and Adeptec has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Adeptec may suffer) of any such breach.
F. You acknowledge and agree that Adeptec has no control over the conduct of Website users or the truth, accuracy, completeness or authenticity of the information that users post on our Services.
G. You are responsible for all activity that occurs via your account. Please notify Adeptec immediately if you become aware of any unauthorized use of your account.
6. Restrictions on Use of Services.
You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:
A. You shall not access or attempt to access the Services by any means other than the interface we provided or authorized or in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties.
B. You may not (a) Share your account information; except with an authorized account administrator, or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
C. You shall not use the Services for the housing, storage, processing, propagation, distribution, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, vulgar, obscene, profane, threatening, or tortuous material, or any false or misleading material, or any other material that Adeptec deems, in its sole discretion, to be objectionable whether or not such material is unlawful.
D. You shall not loan, lease, rent, resell, or sublicense the Services, Software, or content, or otherwise permit any third party to use or have access to the Services for any purpose.
E. You shall not copy, distribute, exhibit, host, publish, stream, transfer, or otherwise use the Services, or any portion thereof, in any manner and for any purpose not expressly permitted under this Agreement.
F. You shall not share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, patent, trade secret, right of privacy, right of publicity, and any other proprietary rights.).
G. You shall not use the Services to export data in violation of applicable U.S. laws or regulations.
H. You shall not exploit the Services or use any data mining or similar data gathering and extraction methods in connection with the Services;
I. You shall not disrupt, interfere with, or inhibit any other user from using the Services;
J. You shall not post hyperlinks to commercial services or websites;
K. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
L. You shall not collect personal data about other users for commercial or unlawful purposes;
M. You shall not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately excessive load on our infrastructure;
N. You shall not attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; or
O. You shall not post, e-mail or make available Content that that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
7. Provision of Services by Adeptec.
You acknowledge and agree that the form and nature of the Services which Adeptec provides may change from time to time without prior notice to you. As part of this; you acknowledge and agree that Adeptec may decline to provide you access to the Services or stop (permanently or temporarily) providing the Services or any features or programs within the Services to you or to users generally at Adeptec’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Adeptec when you stop using the Services. You acknowledge and agree that if Adeptec disables access to certain features or functionalities of the Services, you may be prevented from accessing Content that another user may have intended for you.
8. Access to Services.
A. Adeptec hereby gives you a personal, worldwide, non-assignable and non-exclusive right to access and use the Services in the manner and for the purposes expressly permitted by the Agreement. You agree not to copy, decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Services. You may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services and any such attempt shall be null and void at the time of such attempt.
B. Adeptec reserves all right, title and interest in and to the Services not expressly granted to you under this Agreement, including, without limitation, all patent rights, copyrights, trademarks, trade names, trade secrets, trade dress and other intellectual property and proprietary rights. There are no implied licenses under this Agreement.
9. Your Submissions Are Not Confidential.
You agree and understand that messages and other Content submitted by you are not private or secure and may be viewable by persons other than intended recipients. You agree not to submit to us via the Website any Content that you wish to keep private.
10. Content You Submit To Us.
Feedback:
You have no obligation to provide us with ideas, suggestions, or proposals (“Content”). However, if you submit feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Content.
11. Content in the Services.
A. You acknowledge that Content presented to you as part of the Services is protected by intellectual property rights which are owned by third parties who provide that Content to Adeptec, or by other persons or companies on their behalf. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part, unless you have been specifically told that you may do so by Adeptec or by the owners of that Content, in writing.
B. You understand that all information; such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images; which you may have access to as part of, or through your use of, the Services are the sole property of the person from which such content originated. All such information is referred to as the “Content”.
C. You acknowledge that Adeptec reserves the right, but shall have no obligation to filter, flag, modify, pre-screen, remove, or review any or all Content.
D. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
E. You agree that you are solely responsible for any Content that you display or transmit while using the Services and for the consequences of your actions (including any loss or damage which Adeptec may suffer) by doing so.
12. Intellectual Property.
12.1 All website material including text, graphics, other media and files are the copyrighted property of Adeptec unless otherwise specified. You may save, copy, or print all such material for purpose of information and non-commercial, personal use only. Any other use of the Adeptec material–including commercial use, modification, reproduction, distribution, transmission, publication, and republication without the preceding written consent, permission and knowledge of Adeptec is strictly prohibited.
12.2 We remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms. Adeptec clients often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
13. Copyright Agent.
We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn more about Adeptec’s Copyright Infringement Notice & Takedown policies and practices.
14. Privacy Policy.
For information about our data protection practices in connection with the Services, please read our Privacy Policy. This policy governs any personal information you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy.
15. No Warranties.
15.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
15.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
16. LIMITATION OF LIABILITY.
16.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (c) resulting from loss of use, data, or profits, whether or not foreseeable, (d) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (e) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
16.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
The limitations and exclusions in this Section 16 apply to the maximum extent permitted by law.
17. Indemnification.
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of the Services or Software, or your violation of these terms.
18. Term and Termination.
Termination by You:
You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
Termination by Us:
We may, at any time, terminate your right to use and access the Services or Software if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(e) there has been an extended period of inactivity in your account.
19. Governing Law and Venue.
If you reside in North America, your relationship is with Adeptec Incorporated, a United States company, and the Services and Software are governed by the law of Washington, U.S.A. For customers in New Zealand and Australia, Adeptec Limited is acting as an authorized agent of Adeptec Pty Ltd. and is entering into this contract in its capacity as agent for Adeptec Pty Ltd. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.
20. Export Control Laws.
The Software, Services, content, and your use of the Software, Services, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations.
21. Miscellaneous.
English Version:
The English version of these terms will be the version used when interpreting or construing these terms.
No Assignment, Sublicense or Transfer:
You may not assign, sublicense, or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
No Waiver:
Our failure to enforce or exercise any of these terms is not a waiver of that section.
Notice to You:
We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
Notice to Adeptec:
You may send the notices to us at the following address: Attention: General Counsel. Adeptec 1916 Pike Place #1329 Seattle, WA 98101-1056 United States.
Severability:
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
22. Entire Agreement.
These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
These Terms were last updated on December 16, 2016. This update replaces the prior version in its entirety.