Effective Date: February 22, 2012
Last Updated Date: February 21, 2012
Welcome to BloomReach. The following terms and conditions govern your use of BloomReach.
Acceptance of Terms
The BloomReach website is brought to you by BloomReach.
The following are terms of a legal agreement (“Terms”) between you and BloomReach and its affiliated third parties including those acting on our behalf as we provide this website and our products and services to you (collectively “BloomReach”).
By accessing, browsing and/or using this website located at www.bloomreach.com, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations.
If you do not agree, do not use the BloomReach website. In using the BloomReach website, you represent and warrant that you are at least 18 years of age or otherwise have any and all permissions necessary to enter into or are otherwise able to be bound by this agreement.
Use Restrictions on BloomReach Content
The material provided on the BloomReach website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on the BloomReach website is held by BloomReach. Except as stated in the terms, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of BloomReach or the copyright owner. Permission is granted to display, copy, distribute and download the materials on the BloomReach website for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.
You also may not, without BloomReach’s written permission, “mirror” any material contained on the BloomReach website. You acknowledge that nothing on the BloomReach website shall be construed as conferring any license to you from BloomReach, its subsidiaries, or affiliates or any third-party provider’s intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on the BloomReach website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
BloomReach, the BloomReach logo, and other BloomReach logos and product and service names are or may be trademarks of BloomReach (the “BloomReach Marks”). Without BloomReach’s prior written permission, and except as solely enabled by any link as provided by BloomReach, you agree not to display or use in any manner the BloomReach Marks.
Prohibited BloomReach Website Uses
You agree to use the BloomReach website only for its intended purpose. You must use the BloomReach website in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the BloomReach website are prohibited. You may not:
- Aggregate, copy, or duplicate any content on BloomReach website;
- Use data mining, robots, or other data gathering devices on BloomReach website;
- Remove, disable, damage, circumvent, or otherwise interfere with the security of the BloomReach website;
- Interfere or attempt to interfere with the proper working of the BloomReach website;
- Gain unauthorized access to the BloomReach website or computers linked to the BloomReach website;
- Attempt to reverse engineer, or reverse engineer the BloomReach website;
- Frame or link to the BloomReach website without permission;
- Attempt to or submit a virus to the BloomReach website;
- Take any action imposing an unreasonable or disproportionately large load on BloomReach’s infrastructure;
- Attempt to or obtain unauthorized access to other Users’ accounts;
- Sell, transfer, or assign any of your rights to use the BloomReach website to a third party without the express written consent of BloomReach;
- Use the BloomReach website in an illegal way or to commit an illegal act;
- Access the BloomReach website from a jurisdiction where it is illegal, unauthorized, or penalized; and
- Control an account if another account controlled by you has performed these activities or otherwise breached these Terms.
Unless otherwise indicated, all marks displayed on the BloomReach website are subject to the trademark rights of BloomReach or are otherwise used with permission.
Access from Outside the U.S.
The BloomReach website is controlled and operated by BloomReach located in the United States. BloomReach makes no representation that materials in the BloomReach website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the BloomReach website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the BloomReach website from other locations, you are responsible for compliance with applicable local laws.
Links to Third-Party Websites and Co-Branded Websites
The BloomReach website may contain links to third-party websites, however, please be aware that BloomReach is not responsible for and cannot control these other sites. BloomReach makes no representations whatsoever about any other website which you may access through the BloomReach website. In addition, a link to a non-BloomReach website does not mean that BloomReach endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOMREACH SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, DOWNLOADING THE MATERIALS. IN NO EVENT SHALL BLOOMREACH BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF BLOOMREACH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST BLOOMREACH FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD BLOOMREACH ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE BLOOMREACH, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE BLOOMREACH WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALL INFORMATION IS PROVIDED BY BLOOMREACH ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. BLOOMREACH PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. THE MATERIALS COULD CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. YOUR USE AND BROWSING OF THE BLOOMREACH WEBSITE IS AT YOUR OWN RISK.
These Terms constitute the entire agreement between you and BloomReach concerning your use of the BloomReach website. The failure of BloomReach to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Choice of Law
These Terms and the relationship between you and BloomReach shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and BloomReach agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the BloomReach website under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Santa Clara in the state of California. You covenant not to sue BloomReach in any other forum.
You also acknowledge and understand that, with respect to any dispute with BloomReach, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
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