Welcome to Edaptive Technologies LLC.
These Terms and Conditions of Use are the contract between you as the Customer and Edaptive Technologies concerning access to and use of this App or Website (“Site”). You must read these Terms and Conditions of Use, and if you are using this Site, you are agreeing to all the Terms and Conditions of Use stated here.
Edaptive Technologies reserves the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice, and you should review these Terms and Conditions of Use then posted each time before using this Site. Each time you access this Site, your access and use will constitute your agreement and consent to these Terms and Conditions of Use in the form then posted. Edaptive Technologies may limit or terminate your access to this Site at any time without prior notice to you.
1. LICENSE GRANT.
Subject to the terms and conditions of this Agreement, Edaptive Technologies grants to the user a non-exclusive, non-transferable, revocable, access limited, and use-limited license to:
a. Use the Site as provided herein until termination of this Agreement;
b. Access, load, and operate the Site within your electronic device or browser software via the Internet; and
c. Store in memory, display, and print the contents subject to the limitations of this Agreement.
2. LICENSE CONDITIONS.
a. User is licensing the content for User’s personal use only.
b. User agrees not to distribute any data, information, or output received from the Licensed Content / Products or Edaptive Technologies to or through any other person, organization, or entity, unless specifically licensed, in writing, to do so.
c. User has purchased the access rights to the Licensed Content / Products that are set forth in the Proposal.
i. Single-User License. The access rights are for one (1) user account that a designated user accesses via using a password protected login. The Proposal identifies the initial designated user. User may change the designated user by sending a written request to Edaptive Technologies.
3. PRIVACY POLICY; SECURITY.
a. About "Personal Data".
“Personal Data" in context of our Site is defined as any information relating to an identified or identifiable natural person. See “Types of Personal Data We Collect” below about the details we collect.
Privacy Policy.
Edaptive Technologies makes commercially reasonable efforts to preserve the confidentiality of Personal Data about you. Edaptive Technologies will not collect Personal Data about you unless you provide it to us or we acquire it from third party information providers, however we collect data about you when you access this Site, including data identifying your IP address, device details, device location, web browser related details and usage, which enables us to operate this Site through the internet.
Our Data Protection and Data Privacy Principles.
We have in place what we believe to be appropriate physical, electronic, and administrative procedures to safeguard and secure the Personal Data we collect through our apps or websites. We limit access to your information to those personnel who need access to process your request. We routinely review our security measures to keep them current.
Types of Personal Data We Collect.
We collect Personal Data (defined below) when you visit our Site. The Personal Data we collect about you depends upon how you choose to use our Site. Depending upon your use, we may collect and process usage data including date and time, your name and contact details, user ID and password, e-mail address, company name, job title, site/facility name, security question/answer, permissions and expiration dates, roles, personalized content added by yourself or shared by others by using various features and tools available within the Site, browser details for each access including dimensions of the display device and browser window, device unique ID, device location, attempts for unauthorized use of protected areas, error occurring during request processing and your IP address (collectively “Personal Data”).
Use and Sharing of Personal Data.
We use your Personal Data to monitor Site usage, administer your account, process requests you may make, send you required notifications, check for unauthorized access and improve our Site.
We may disclose Personal Data if required to do so by law or if we believe that the disclosure is necessary to (a) comply with the law or with legal process; (b) protect against misuse or unauthorized use of the Site; or (c) protect the personal safety or property of our users, the public or our organization, contractors and employees.
Retention and Removal of Personal Data
Generally, the Personal Data we obtain about you will be retained for at least 7 years. You may ask us to delete your Personal Data at any time, and we will do so unless we are required to maintain that information to comply with applicable laws or we still need the information for the purposes for which it was collected and processed. The aggregated data collected from the Personal Data will not be deleted. Aggregated data doesn’t have any user specific mapping.
We may keep copies of your emails and feedback to us for recordkeeping purposes.
If you do not want Edaptive Technologies to contact you with information and updates on products you may find of interest, send us an email to the email address specified in Section 9 of these Terms and Conditions of Use, with your name, address, email address, telephone number and Site URL/App Name and we will remove you from our information and updates list.
Edaptive Technologies may provide aggregate data which includes information about our Customers, but which does not identify them personally, in order to inform our affiliates, lenders, investors or other third parties generally about our business.
b. Cookies.
Cookies are pieces of information that a Site can transfer to a visitor's hard drive for record-keeping purposes. We reserve the right to use cookies in connection with your use of this Site.
c. Correcting or Removing Your Information.
If you wish to verify, change, correct or remove Personal Data which we have about you, send us an email to the email address specified in Section 9 of these Terms and Conditions of Use. Once we verify your identity we will take action on your request as per the Site policy.
d. Content.
We received the content from various vendors and users. Edaptive Technologies is not responsible or liable for the content, or damages caused by use of content provided by this Site.
e. Links to Other Websites.
We cannot ensure the protection of any Personal Data that you provide to any third-party websites that links to or from this Site, because these third-party sites are not under our control. Any Personal Data that you provide to these third-party websites will be regulated by their privacy policy, if any. Edaptive Technologies is not responsible or liable for the content, ecommerce, practices, actions or policies of these third-party websites. These Terms and Conditions of Use apply only to this Site. Edaptive Technologies does not endorse, recommend or guarantee any other website or its products or services, and you access and use those links and other websites solely at your own risk.
4. SUBMISSIONS TO EDAPTIVE TECHNOLOGIES.
While we do not solicit product ideas or improvements from our Customers, Edaptive Technologies would be happy to hear from you with any comments or suggestions to you might have about our products and our business. If you send or submit anything to Edaptive Technologies, whether as suggestions, comments, feedback, ideas, opinions, concepts, graphics, text, drawings, or other materials (collectively, "Submissions"), all Submissions will be and remain the property of Edaptive Technologies and shall constitute an assignment to Edaptive Technologies of all worldwide right, title, and interest in all copyrights and other intellectual property rights in and to the Submissions. Edaptive Technologies will not be limited in its use of the Submissions (whether commercial or otherwise), if any use if made, and Edaptive Technologies is under no obligation either to use or respond to the Submissions or to credit or compensate you in any way.
5. CUSTOMER'S RESPONSIBILITIES.
a. You agree to comply with these Terms and Conditions of Use as well as all applicable laws and regulations applicable to the use of this Site, the internet and commerce generally, including without limitation laws relating to ownership, protection and use of intellectual property such as trademarks and copyrights, export regulations, and the import and product approval regulations of your country, U.K, Netherlands and U.S.A.
b. You are wholly responsible for use of this Site by any person using your computer terminal or other access device.
c. You agree to use this Site only for its intended and lawful purposes.
d. You agree not to disrupt, interfere with or compromise the security or operations of this Site, of Edaptive Technologies or of its Customers, nor to attempt to do so.
e. You agree not to attempt to obtain access to any portion of this Site or any computer, server, account, network, software and/or hardware associated with the Site, with Edaptive Technologies or with its Customers, from which you are restricted.
f. You warrant that all information you provide to gain access to this Site is accurate and truthful.
6. OWNERSHIP OF SITE CONTENTS and INTELLECTUAL PROPERTY.
Except as noted, all contents of this Site, including without limitation trademarks, trade names, trade dress, logos, text, graphics, images, illustrations, designs, icons, button icons, photographs, product labels, product names, packaging, page headers and footers, video or audio clips, and other materials that are part of or depicted in this Site pertaining to the products of Edaptive Technologies (collectively, the "Contents"), as well as the features and User Interface elements including graphics/software code (HTML/CSS/JavaScript) pertaining to product, are protected under the copyright, trademark, trade secret, trade dress and/or other intellectual property laws, as is the whole of this Site. All other trademarks, service marks, links to other websites, third party components and other business or company names or logos included in this Site are the property of their respective owners.
The Contents, software code and their compilation and arrangement may not be copied, reproduced, distributed, republished, uploaded, displayed, mirrored, posted, transmitted, have derivative works created from them or otherwise exploited in any way whatsoever, in whole or in part, except as specifically provided in these Terms and Conditions of Use. You may download material from this Site for your own personal, non-commercial use, provided that you agree to and do abide by any copyright notice or other restrictions contained in any material included in or accessed through this Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose or change it in any way, and no right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. If you use material from this Site in any way other than that expressly permitted in these Terms and Conditions of Use, then any permission granted herein automatically terminates upon such misuse, and you must destroy all copies of all materials obtained from this Site.
7. DISCLAIMERS AND LIMITATIONS ON LIABILITY; SOLE REMEDY.
a. DISCLAIMERS.
THIS WEB SITE IS PROVIDE "AS IS" AND "WHEN AVAILABLE." EDAPTIVE TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY), CONCERNING THE OPERATION OR USE OF, OR AVAILABILITY OF ACCESS TO, THIS SITE, ITS CONTENTS OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE CONTENTS OF THIS SITE ARE ACCURATE, COMPLETE, OR CURRENT. EDAPTIVE TECHNOLOGIES EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENTS OF THIS SITE, BUT MAY AMEND, CHANGE OR MODIFY THE CONTENTS WITH OR WITHOUT NOTICE AT ANY TIME AND FROM TIME TO TIME.
YOU ACCESS AND USE THIS WEB SITE SOLELY AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY ACQUISITION, SERVICING AND REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. COLORS APPEARING ON THIS SITE MAY BE DISTORTED BY YOUR COMPUTER MONITOR AND EDAPTIVE TECHNOLOGIES IS NOT RESPONSIBLE FOR SUCH VARIATIONS.
This Site may contain links to other websites not under the control of Edaptive Technologies. Edaptive Technologies assumes no responsibility for those websites and provides the links solely as a courtesy and convenience for Customers. Edaptive Technologies has not verified the claims or products of any linked websites, and if you access or use those links and the associated websites, you do so at your sole risk.
Unless otherwise specified, the Contents of this Site are presented solely for the purpose of enhancing knowledge with the provided contents. Edaptive Technologies makes no representation that the Contents of this Site are appropriate or available for use in your country, and anyone accessing or using this Site does so on that party's own initiative and choice and is solely responsible for compliance with any laws of other jurisdictions which may apply to such access or use.
YOUR SOLE REMEDY AGAINST EDAPTIVE TECHNOLOGIES IS A REFUND OF ONLY THE PRICE PAID FOR ANY PRODUCTS YOU PURCHASED THROUGH THIS SITE.
b. LIMITATION OF LIABILITY.
EDAPTIVE TECHNOLOGIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE. NEITHER EDAPTIVE TECHNOLOGIES NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, BREACH OF SECURITY, UNAUTHORIZED OR ACCIDENTAL DISSEMINATION OF PERSONAL DATA, DEFECTS, VIRUSES, AND/OR DELAYS, ANY OF WHICH RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, EDAPTIVE TECHNOLOGIES NEGLIGENCE OR YOUR OWN NEGLIGENCE, ERRORS AND/OR OMISSIONS, OR ANY OTHER CAUSE, EVEN IF EDAPTIVE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY SECTION APPLIES TO ALL CONTENTS OF THIS SITE AS WELL AS PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES IS PROHIBITED OR LIMITED, EDAPTIVE TECHNOLOGIES LIABILITY IS LIMITED ONLY TO THE PRICE PAID FOR ANY PRODUCTS YOU PURCHASED THROUGH THIS SITE.
c. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Edaptive Technologies and its owners, officers, directors, shareholders, employees, contractors, agents and affiliates (collectively, "Affiliates") for any claims, damages, losses, costs, or expenses (including attorney fees and costs) that any of the Affiliates may incur as a result of your access to or use of this Site. You also agree to indemnify Edaptive Technologies and its Affiliates from any claims, damages, losses, costs or expenses that result from your use or misuse of this Site and its Contents and your access and connection to it, as well as from your violation of these Terms and Conditions of Use or of the rights of any other party.
8. AMENDMENT OF TERMS AND CONDITIONS OF USE.
By using this Site, you agree to this Terms and Conditions of Use as well as any posted changes of this Terms and Conditions of Use. Edaptive Technologies reserves the right to amend, change or otherwise modify these Terms and Conditions of Use at any time and from time to time, with or without notice to anyone. If these Terms and Conditions of Use are amended, changed or modified, then you are bound by those changes upon your next access to or use of this Site. You should review these Terms and Conditions of Use periodically for any such modifications. Edaptive Technologies reserves the right to make changes not only to these Terms and Conditions of Use but also to the Contents of this Site and the products and services offered through this Site, with or without notice, at any time and from time to time. Edaptive Technologies reserves the right to terminate access to and use of this Site in whole or in part, as to one or more parties at any time in its sole discretion.
9. HOW TO CONTACT EDAPTIVE TECHNOLOGIES.
You can contact us by using the Feedback link available at the at the bottom of the web pages or email us at dataprivacy@edaptivetechnologies.com.
10. Notices.
Any written notice required under this Agreement will be sent to the addresses in the Proposal. A notice under this Agreement shall be deemed given if sent by courier, facsimile or mail, directed to the party being notified.