SiteAware Terms of Use

IMPORTANT: BY ACCESSING AND/OR USING THE WEBSITE (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE WEBSITE.

1. Acceptance of Terms

The following agreement consists of the terms and conditions governing your (“you” or “user”) access to and use of SiteAware Inc.’s (“SiteAware” or “We”) website available at: https://www.siteaware.com/ and the content therein (collectively, the “Website”). These SITEAWARE TERMS OF USE together with the SiteAware Privacy Policy available at:
https://www.siteaware.com/Privacy (“Terms”) constitute a binding agreement between you and SiteAware, and by continuing to use the Website (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Website and cease making any use thereof.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you by means of a prominent notice on the Website. You should check our Website periodically and review changes to the Terms. By continuing to use the Website following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Website.

2. License.

Subject to the terms and conditions set forth herein, SiteAware hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make non-commercial use of the Website only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.

3. Limitations on Use

Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Website and/or the SiteAware IPR (as defined below); (iii) refer to the Website by use of framing; (iv) make use of the Website in any jurisdiction where same are illegal or which would subject SiteAware or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Website through or use with the Website any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Website; (viii) perform any act that destabilizes, interrupts or encumbers the Website or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Website, in a given period of time, than a human can reasonably send in that time period by using the Website; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Website and/or any other software available on the Website or create derivative works thereof; or (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Website or its servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Website.

4. Ownership of Proprietary Rights

The Website, including without limitation any underlying data, software, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, videos, sound, music, organization, structure, “look and feel” and features and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto (“SiteAware IPR”) are the exclusive property of SiteAware and/or its licensors who retain all right, title and interest in connection therewith.
No transfer or grant of any rights by SiteAware is made or is to be implied by any provision of these Terms or by any other provision contained in the Website with respect to the SiteAware IPR or otherwise, except for the limited license set forth in Section 2 above.
“Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

5. Privacy

SiteAware’s privacy practices are governed by SiteAware’s privacy policy, the most updated copy of which can be found at https://www.siteaware.com/Privacy (“Privacy Policy”).

6. Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE SITEAWARE IPR SHALL BE AT YOUR OWN RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION SITEAWARE IPR ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITEAWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND COMPLIANCE WITH REGULATORY REQUIREMENTS.

SITEAWARE DOES NOT WARRANT THAT THE SITEAWARE IPR AND/OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SITEAWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITEAWARE IPR OR WEBSITE INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE WEBSITE MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE SITEAWARE IPR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.