Introduction
Welcome to www.adeptia.com. This website is owned and operated by Adeptia, Inc.
By visiting our website and accessing the information, resources, services,
products, and tools we provide, you understand and agree to accept and adhere
to the following terms and conditions as stated in this policy (hereafter
referred to as 'User Agreement'), along with the terms and conditions as stated
in our Privacy Policy (please refer to the Privacy Policy section below for
more information).
This agreement is in effect as of Dec 03, 2014.
We reserve the right to change this User Agreement from time to time without
notice. You acknowledge and agree that it is your responsibility to review this
User Agreement periodically to familiarize yourself with any modifications.
Your continued use of this site after such modifications will constitute acknowledgment
and agreement of the modified terms and conditions.
IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, IMMEDIATELY STOP ACCESSING THIS WEBSITE AND DO NOT USE ANY ADEPTIA
SERVICES.
Responsible Use and Conduct
In order to use this website, you must be an individual at least 18 years of
age, or, if between 13 and 18 years of age, have consent from your parent or
guardian. Persons under 13 years of age may not use this website. You must not
be barred from receiving products or services under United States law,
including residents of countries facing sanctions from the U.S. Office of
Foreign Asset Control ('OFAC'). Such countries currently include at least Cuba,
North Korea, Iran, Syria and Sudan; Adeptia, Inc. may not provide services to
residents of these countries.
By visiting our website and accessing the
information, resources, services, products, and tools we provide for you,
either directly or indirectly (hereafter referred to as 'Resources'), you agree
to use these Resources only for the purposes intended as permitted by (a) the terms
of this User Agreement, and (b) applicable laws, regulations and generally
accepted online practices or guidelines. You also agree to provide only
information that is accurate, true, current and complete.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain
information about yourself (such as identification, contact details, etc.) as
part of the registration process, or as part of your ability to use the Resources.
You agree that any information you provide will always be accurate, correct,
and up to date.
b. You are responsible for maintaining the confidentiality of any login
information associated with any account you use to access our Resources.
Accordingly, you are responsible for all activities that occur under your
account/s.
c. Accessing (or attempting to access) any of our Resources by any means other
than through the means we provide, is strictly prohibited. You specifically
agree not to access (or attempt to access) any of our Resources through any
automated, unethical or unconventional means, including but not limited to use
of framing, metatags or other hidden text techniques or technologies.
d. Engaging in any activity that disrupts or interferes with our Resources,
including the servers and/or networks to which our Resources are located or
connected, is strictly prohibited. Such activity includes but is not limited to
testing, overloading, flooding, spamming, mail bombing, crashing or
submitting viruses to the website or our Resources.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our
Resources is strictly prohibited. This prohibition prevents you from using the
website or our Resources to advertise, solicit or otherwise use the website for
any commercial, political or religious purpose, or to attempt to compete with
Adeptia, Inc., directly or indirectly. This also prevents you from attempting
to collect the personal information, statements, data or content of any users
of the website, and from hyperlinking to the website without our prior written
consent.
f. You are solely responsible for any consequences, losses, or damages that we may
directly or indirectly incur or suffer due to any unauthorized activities
conducted by you, as explained above, and may incur criminal or civil
liability.
g. We may provide various open communication tools on our website, such as blog
comments, blog posts, public chat, forums, message boards, newsgroups, product
ratings and reviews, various social media services, etc. You understand that
generally we do not pre-screen or monitor the content posted by users of these
various communication tools, which means that if you choose to use these tools
to submit any type of content to our website, then it is your personal
responsibility to use these tools in a responsible and ethical manner. By
posting information or otherwise using any open communication tools as
mentioned, you agree that you will not upload, post, share, or otherwise
distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains any type of
suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary
right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any www.adeptia.com employees
or representatives.
We have the right at our sole discretion to remove any content that, we feel in
our judgment does not comply with this User Agreement, along with any content
that we feel is otherwise offensive, harmful, objectionable, inaccurate, or
violates any 3rd party copyrights or trademarks. We are not responsible for any
delay or failure in removing such content. If you post content that we choose
to remove, you hereby consent to such removal, and consent to waive any claim
against us.
h. We do not assume any liability for any content posted by you or any other
3rd party users of our website. We do not accept or consider unsolicited ideas
of any kind, including, without limitation, ideas or suggestions relating to
new or improved products, enhancements, names or technologies, advertising and
marketing campaigns, plans or other promotions. However, any content posted by
you using any open communication tools on our website, provided that it doesn't
violate or infringe on any 3rd party copyrights or trademarks, becomes the
property of Adeptia, Inc., and as such, gives us a perpetual, irrevocable,
worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate,
publish, publicly display, distribute and otherwise use as we see fit. This
only refers and applies to content posted via open communication tools as
described, and does not refer to information that is provided as part of the
registration process, necessary in order to use our Resources. All information
provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Adeptia, Inc. and its parent
company and affiliates, and their directors, officers, managers, employees,
donors, agents, and licensors, from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of this User Agreement or the failure to fulfill any obligations relating to
your account incurred by you or any other person using your account. We reserve
the right to take over the exclusive defense of any claim for which we are
entitled to indemnification under this User Agreement. In such event, you shall
provide us with such cooperation as is reasonably requested by us.
Fees and Refunds
a. Fees: Some features of the website and Resources may only be accessed and used upon the payment of applicable fees ('Fees'). Fees may vary depending on your usage in accordance with our current pricing policy, which is subject to change without notice to you. If you do not initially register for a version of the website and Resources that requires the payment of Fees, you will nonetheless be permitted to use all of the features of the website and Resources for up to the number of free connections on Adeptia (non-Hybrid Integration Option) as defined in our current pricing policy. Upon exceeding the allowed number of free connections, we will ask you to supply a credit card to continue adding connections to the product. If you wish to be billed for service, please contact Sales@Adeptia.com.
b. Refunds: Our service will be billed in accordance with the usage model defined in our current pricing policy on a non-prorated basis. No refunds will be issued.
Ownership and Intellectual Property
a. The content and information on the website and Resources as well as the infrastructure used to provide both is proprietary to Adeptia, Inc. Adeptia, Inc. grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the website pursuant to this Agreement and any additional terms and policies Adeptia may in the future set forth.
b.
All content and materials available on
www.adeptia.com, including but not limited to text, graphics, website name,
code, images and logos are the intellectual property of Adeptia, Inc., and are
protected by applicable copyright and trademark law. You agree not to
reproduce, distribute, create derivative works from,
publicly display, publicly perform, license, sell or re-sell any data, content,
information, software, products or services obtained from or through the website
without the express permission of Adeptia, Inc. In addition, you may not make
any use that exceeds or violates this Agreement.
Any inappropriate use, including but not limited to the reproduction,
distribution, display or transmission of any content on this site is strictly
prohibited, unless specifically authorized by Adeptia, Inc.
Privacy
Your privacy is very important to us, which is why we've created a separate
Privacy Policy in order to explain in detail how we collect, manage, process,
secure, and store your private information, including the use of cookies. Our
privacy policy is included under the scope of this User Agreement. To read our
privacy policy in its entirety, click
here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide
are "AS IS" and "AS AVAILABLE".
This means that WE DO NOT REPRESENT
OR WARRANT TO YOU that:
i) the use of our Resources will meet your needs or requirements;
ii) the use of our Resources will be uninterrupted, timely, secure or free from
errors;
iii) the information obtained by using our Resources will be accurate or
reliable; and
iv) any defects in the operation or functionality of any Resources we provide
will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our
Resources is done AT YOUR OWN DISCRETION AND RISK, and that YOU ARE SOLELY
RESPONSIBLE for any damage to your computer or other devices for any loss of
data that may result from the download of such content;
vi) NO INFORMATION OR ADVICE, whether expressed, implied, oral or written,
obtained by you from Adeptia, Inc. or through any Resources we provide SHALL
CREATE ANY WARRANTY, GUARANTEE OR CONDITIONS OF ANY KIND, as set forth in the
Disclaimer of Warranty section, below; and
vii) the website may contain links to
other websites maintained by third parties, and that these links are provided
solely as a convenience to you. Adeptia, Inc., expressly disclaims any
representations regarding the content or accuracy of materials on such websites
or the privacy practices of those websites. We do not endorse or represent any
products or services that may be marketed on such websites. If you decide to access
websites maintained by third parties, you do so at your own risk.
Limitation of Liability
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED IN ABOVE, YOU
UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST ADEPTIA, INC. SHALL BE LIMITED TO
THE AMOUNT YOU PAID, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES CREATED AND
SOLD BY ADEPTIA, INC. ADEPTIA, INC. WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH YOU MAY
INCUR AS A RESULT USING OUR RESOURCES OR WEBSITE, OR AS A RESULT OF ANY
CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS OR DOWNTIME TO
THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access
to all or part of our website and Resources with or without notice and for any
reason, including, without limitation, breach of this User Agreement. Any
suspected illegal, fraudulent or abusive activity may be grounds for
terminating your relationship and may be referred to appropriate law
enforcement authorities. Upon suspension or termination, your right to use the
Resources we provide will immediately cease, and we reserve the right to remove
or delete any information that you may have on file with us, including any
account or login information.
Governing Law
This website is controlled by Adeptia, Inc. from our offices located in the
state of Illinois, USA. It can be accessed by most countries around the world.
As each country has laws that may differ from those of Illinois, by accessing
our website, you agree that the statutes and laws of Illinois, without regard
to the conflict of laws and the United Nations Convention on the International
Sales of Goods, will apply to all matters relating to the use of this website
and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the
federal or state courts located in Illinois, USA. You hereby agree to personal
jurisdiction by such courts, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
Disclaimer of Warranty
UNLESS OTHERWISE EXPRESSED, ADEPTIA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as
outlined above, you can contact us at:
Adeptia, Inc.
343 West Erie Street, Suite 440
Chicago, IL 60654
California Residents
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Please also refer to our Privacy Policy.
Miscellaneous
No waiver by Adeptia, Inc. of any breach, default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.