Terms of use and disclaimer

(Effective Date: April 16, 2021)

These Terms of Use (“Terms”) govern your use of the Incisive Software Corporation website and any other website that Incisive Software Corporation operates and that links to these Terms (collectively, the “Website”).

Please review these Terms carefully before using the Website. We may change these Terms or modify any features of the Website at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Website. You accept the Terms by using the Website, and you accept any changes to the Terms by continuing to use the Website after we post the changes.

Privacy

By using the Website, you consent to our processing your information consistent with our Privacy Policy.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates any laws. For example, and without limitation, you may not:

  • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.

Copyrights

The Website is protected under the copyright laws of the United States and other countries. All copyrights in the Website are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Website without our written consent.

Links To Third-Party Content

The Website may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at your own risk.

Communications with YOu

If you provide your email address or other contact information to us, we may communicate with you about the Website and our products and services, including through one or more third party e-mail or survey services, via the contact information you provide to us through the Website. You consent to receive communications from us that may: (i) solicit feedback via e-mail, surveys, bug reports, or other methods we may determine; (ii) collect additional information regarding issues you report in your feedback; (iii) notify you of changes to the Website, our products or services, or these Terms; and (iv) tell you about our programs, products or services.

Disclaimer of Warranties; Limitation of Liability

Your use of the Website is at your own risk. The Website IS provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Website or any third-party sites linked to or from the Website. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our affiliates, directors, officers, employees, agents, OR assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if one or more of them has been advised of the possibility of such damages or loss. Any claim arising out of or connected with the Website will be limited to the greater of $100 or the amount that you paid to access the Website.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, directors, officers, employees, agents and assigns harmless from and against any and all lossES, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

Choice of Law and Forum

You agree that your access to and use of the Website will be governed by and will be construed in accordance with the laws of the United States and by the laws of the State of California without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Website must be resolved by a federal district court located in Santa Clara County, California, unless agreed upon by all parties.

Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us, regarding the subject matter hereof. In the event that any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.