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These Terms of Use were last updated on August 11, 2015
By accessing and using the Sigma Marketing & Solenis Website, ecom.Sigmamktg.com/Solenis (the "Website"), you are agreeing to be legally bound by these Terms of Use. By using the Sigma Marketing & Solenis Website, you represent that you are 16 years or older and agree to abide by the following Terms of Use. If any of these terms are unacceptable to you, you may not access the Sigma Marketing & Solenis Website until agreement has been reached between you and Sigma Marketing and Solenis as to the applicable terms of use. The terms "you" and "User" refer to anyone who accesses the Sigma Marketing & Solenis Website.
As you browse through the Sigma Marketing & Solenis Website you may access other websites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages.
Sigma Marketing and Solenis may change these Terms of Use at any time without notice. Changes will be posted at ecom.Sigmamktg.com/Solenis under "Terms of Use." Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.
1. USE OF THE SIGMA MARKETING & SOLENIS WEBSITE.
Sigma Marketing hereby grants you a non-exclusive, non-transferable, limited license to access and use the Website for the fees, if applicable, and under the terms set forth below.
The Website and the content, including, but not limited to, text, data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and video (the "Content"), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Sigma Marketing and Solenis.
The Content is the property of Sigma Marketing or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Website may be registered or unregistered marks of Sigma Marketing or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Sigma Marketing or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You may not post any Content from the Website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Sigma Marketing.
You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by Sigma Marketing to protect Sigma Marketing and Solenis' proprietary interests in the Sigma Marketing & Solenis Website
2. REGISTRATION
As part of the registration process, you must select a member name and password and provide Sigma Marketing with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
3. LIMITATION ON SIGMA MARKETING WARRANTIES AND LIABILITY
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Website. If you are dissatisfied with the Content or the Website or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Website. Sigma Marketing and Solenis will not pay you any damages in connection with your browsing or use of the Website.
Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website. The Content and the Website are provided "as is", without any warranties. Neither Sigma Marketing nor Solenis makes any guarantees or warranties as to the accuracy or completeness of or results to be obtained from, accessing and using the Sigma Marketing & Solenis Website, Sigma Marketing website's own content, the other content, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Sigma Marketing & Solenis Website. Sigma Marketing and Solenis hereby disclaim any and all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose and of noninfringement. neither Sigma Marketing nor Solenis shall be liable to the user or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom. In no event will Sigma Marketing, Solenis nor any of their third party licensors be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the Sigma Marketing & Solenis Website. Neither Sigma Marketing and Solenis nor any of its affiliates, agents or licensors will be liable to you or anyone else for any loss or injury resulting from use of the Website, in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Website and any content at the Website or otherwise. In no event will Sigma Marketing and Solenis, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or the Website.
4. LINKS TO OTHER WEBSITES FROM THIS WEBSITE.
You may, through hypertext or other computer links, gain access to websites operated by persons other than Sigma Marketing and Solenis. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that Sigma Marketing and Solenis is not responsible for the content or operation of such websites, and that Sigma Marketing and Solenis shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that Sigma Marketing and Solenis endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from Sigma Marketing & Solenis Website. Sigma Marketing and Solenis assumes no responsibility for the use of third party software on the Sigma Marketing & Solenis Website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
5. TIMELINESS OF CONTENT
The Content displayed on the Website, including, but not limited to, products, pricing, images etc. are current as of the current date posted and are subject to change without notice.
6. THE USER'S CONTENT
The User grants to Sigma Marketing and Solenis the non-exclusive right to use all material entered into the Sigma Marketing & Solenis Website by the User (other than third-party material transmitted through private electronic mail) in any of Sigma Marketing and Solenis publications.
Users entering material into the Sigma Marketing & Solenis Website are responsible for the content of that material. Neither Sigma Marketing nor Solenis has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Sigma Marketing & Solenis Website. However, Sigma Marketing and Solenis retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Sigma Marketing and Solenis deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Sigma Marketing & Solenis Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Sigma Marketing and Solenis.
The User agrees to indemnify Sigma Marketing and Solenis from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Sigma Marketing, Solenis, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Sigma Marketing & Solenis Website with the use of the User's screen name or password.
7. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either Sigma Marketing and Solenis or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
Sigma Marketing and Solenis may discontinue or change the Sigma Marketing & Solenis Website, or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to the Sigma Marketing & Solenis Website and supersedes any and all other agreements, oral or in writing, with respect to the Sigma Marketing & Solenis Website. The failure of Sigma Marketing and Solenis to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and Florida State, as if the Agreement was a contract wholly entered into and wholly performed within Florida State. All rights not expressly granted herein are reserved.
8. ANTI-HACKING PROVISION
You expressly agree not to:
- use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other content without the prior express written consent of Sigma Marketing and Solenis;
- obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
- violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
- violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any Sigma Marketing's server, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
- take or attempt any action that, in the sole discretion of Sigma Marketing, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Sigma Marketing's infrastructure.