Appscio: Terms of Use and Legal Notice

Welcome to the Appscio™ website (the "website"). Appscio, Inc. ("Appscio") offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this website. By visiting the website, you agree to accept and comply with the terms and conditions of use as stated below ("Terms of Use"). Please read these Terms of Use carefully as they govern how you may access and use the website.

Appscio reserves the right to change the Terms of Use from time to time at its sole discretion without notice to you. You should visit this page periodically to review the then-current Terms of Use. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.

Not withstanding the foregoing, Appscio products offered on this website are licensed subject to Appscio's terms and conditions or other open source licenses, as applicable.

Restrictions on Use, Copying and Distribution

This website is owned and operated by Appscio. Unless otherwise specified all Materials appearing on the website, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of us and our licensors and are protected by the copyright laws of the United States and, throughout the world by applicable copyright laws.

Appscio authorizes you to download and print documents and portions of documents, including but not limited to information published by us on this webite and expressly labeled as "downloadable", solely for internal viewing and browsing purposes, provided you agree to:

(a) use the content of this website only for your personal, informational, non-commercial use and for no other purpose.

(b) not to change or delete any copyright, trademark or other proprietary notices from any copy of these documents which you download or print.

Appscio reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notification from Appscio. Any other copying, modification, reproduction, performance, display, incorporation into any other site or other work, mirroring this website, redistribution, retransmission or publication of any downloaded material is strictly prohibited without Appscio's express written consent. The use of any Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Rules of User Conduct

When using this website, including (without limitation) when uploading or otherwise transmitting content through this website, you agree not to:

(a) violate any applicable local, state, national or international law or regulations;

(b) engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, or misrepresenting your affiliation with any person or entity;

(c) transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, pornographic, indecent, libelous, invasive of another's privacy or publicity rights, bigoted, hateful or racially, ethnically or otherwise objectionable;

(d) violate or attempt to violate the security of the website, use any device, software or routine to interfere or attempt to interfere with the proper working of the website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

(e) engage in any activity that restricts or inhibits any other user from using or enjoying this website, such as by "hacking", "cracking", "spoofing", or defacing any portions of this website;

(f) upload any e-mail addresses, or collect personal information for any commercial use or unlawful purposes;

(g) transmit any content which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(h) transmit any content that contains any viruses, worms, time bombs, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of any software or hardware or equipment or materials used in connection with the website;

(i) infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever;

(j) encourage or promote illegal activities;

(k) give any password used for a function of this website to anyone;

(l) transmit advertising or commercial solicitations, promotional materials relating to website or online services or software which are competitive with Appscio and/or this website;

(m) transmit political campaign materials, chain letters, mass mailings or spam mail;

(n) transmit any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents; or

(o) harvest or collect information about website visitors without their express written consent.

Appscio reserves the right to seek damages from any person or entity which violates these Terms of Use to the fullest extent permitted by law.

Appscio has the right and sole discretion, but not the obligation, to monitor the content of this website and to edit, refuse to post, or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use, or which is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that Appscio does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website. Appscio may terminate or suspend your access to all or part of this website at any time without notice, for any conduct that it, in its sole discretion, believe is disruptive to this website or is in violation of any applicable law or these Terms of Use.

You acknowledge, consent and agree that Appscio may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce these Terms of Use;

(d) respond to your requests for customer service; or

(e) protect the rights, property, or personal safety of Appscio, its customers and the public.

Communications and Submissions

Appscio welcomes your comments and feedback regarding this website. However, Appscio does not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to Appscio using this website or otherwise (collectively, "Submissions") except for any disclosure by you for technical support purposes, or as specified in Appscio's Privacy Statement, are not confidential and will become and remain our property. Appscio shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions. You are solely responsible for the content of your communications and their legality under all laws and regulations.

Privacy

Appscio considers the privacy of our users to be paramount, and has developed a privacy policy to protect and inform its users. Please see its Privacy Policy, located at http://www.Appscio.com/privacy, which is incorporated herein by reference and made part of these Terms of Use.

Trademarks, Copyrights and other Intellectual Property Rights

The trademarks, logos and service marks displayed on this website are the property of Appscio or other third parties. You are not permitted to use these marks without the prior written consent of Appscio or such third party which may own the Mark. The following are trademarks of Appscio for Appscio, Inc. in the United States and/or other countries: Appscio and the Appscio "logo".

Appscio either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website, or has made such materials available with permission of the owner. Without its prior written permission, Appscio prohibits the redistribution or copying of any part of this website or content on this website. However, Appscio authorizes you to display on your computer, download and print pages from this website, provided that the pages are unaltered and the content is used only for personal, educational and non-commercial purpose and is not redistributed or copied to any other media.

Software

Any software that is made available to you to download from this website is the copyrighted work of Appscio and/or third parties. Your use of such software is governed by the terms of the end user license agreement which accompanies or is included with the Software.

Links

Solely as a courtesy to you, this website may contain links to third-party websites and resources. Appscio does not endorse, approve, certify or control any of those websites. If you access a link on this site to any site operated by a third party, you do so entirely at your own risk and are responsible for compliance with all applicable laws. Appscio is not responsible for the content of any third-party site and does not make any representations or warranties, express or implied, with respect to any link or content on linked sites and shall not be liable for any damages or injury arising there from. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Appscio reserves the right to terminate any link at any time.

Third-Party Content

Certain content from third-party vendors may be made available as part of this website. This content is believed to be reliable, but Appscio does not endorse or guarantee the accuracy or completeness of this content.

Export Control

By using this website, you represent and warrant that you are not prohibited by the U.S. government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any Materials unless you have complied with all applicable U.S. and foreign government export controls and approvals. Appscio makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification

You agree to defend, indemnify and hold Appscio and its affiliates and licensors, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of such use, including (without limitation) claims made by third parties related to a violation of any representation or warranty contained in these Terms of Use and any claim due to or arising out of content you submit, post, transmit or make available through the website, even if such content is reviewed by Appscio prior to publishing on the website, your use of the website, your connection to the website, your violation of the Terms of Use or your violation of any rights of another.

Disclaimer

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE VIA THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE AND ANY CONTENT AVAILABLE FROM THIS WEBSITE IS AT YOUR OWN RISK. APPSCIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. APPSCIO DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE.  ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. INFORMATION CREATED BY A THIRD PARTY THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY APPSCIO AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

IN NO EVENT WILL APPSCIO, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, ITS CONTENT, MATERIALS OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS LIMITATION WILL APPLY EVEN IF APPSCIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF APPSCIO WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Jurisdiction & Dispute Resolution

Any dispute with respect this website or the Materials shall be governed by the Federal laws of the U.S.A. and the laws of the State of California, U.S.A., without regard to choice of law provisions. YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY MATERIALS SHALL BE INSTITUTED IN SANTA CLARA COUNTY IN THE STATE OF CALIFORNIA IF IN STATE COURT AND IN THE NORTHERN DISTRICT OF CALIFORNIA IF IN FEDERAL COURT. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

If any provision of these Terms of Use is found to be invalid by a court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Further Information

If you have any questions regarding the Terms of Use or need further information about this website, please contact Appscio at Email: info@appscio.com, Phone: +1 408-212-0236, U.S. Mail: Appscio, Inc. 80 Airport Blvd., Ste. 206A, Freedom, CA 95019-2901. For other general questions, please refer to our Contact Us page.