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IMPORTANT - By accessing, browsing or using any part of the “elasticpath.com” websites (the “Websites”), you agree to be bound by the terms and conditions set out below. If you do not agree with these Terms of Use, you may not use the Websites.
The contents of the Websites, and the materials made available through them, are protected by copyright, trademark and other intellectual property laws and international treaties. Elastic Path either owns or has obtained the rights to use the content and materials on the Websites.
Except as expressly provided below under the heading “Use of Websites”, you may not copy, reproduce, republish, download, upload, post, transmit, distribute or create derivative works from any of the content in the Websites, without Elastic Path’s prior written consent.
Many areas of the Websites are available to registered users only and are password protected (“Protected Areas”). If you wish to access a Protected Area:
General Browsing and Use: Elastic Path grants you a limited license to access and use (display, print, download) the Web pages and content within the Websites solely on your computer and for your own personal, non-commercial use, provided that:
Accessing Materials: Where software, code, files, documentation, tutorials, demos or other materials (“Materials”) are made available for access, use or download from the Websites, you agree to abide by any terms, conditions or notices contained in such Materials. You acknowledge and agree that:
Accessing Software Products: If you have entered into a written agreement with Elastic Path to license Elastic Path software products, such software products may be made available for download from Protected Areas of the Websites. Your access to and use of Elastic Path software products will be governed by the terms of your written agreement.
Posting Materials: Where you are permitted to post or upload materials to the Websites:
Except for the limited license provided above, Elastic Path does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.You agree that you will not:
Information and content you send, post or upload to or through the Websites will be deemed NOT to be confidential or proprietary. Except as expressly agreed in a written agreement between you and Elastic Path, Elastic Path has no obligation to protect or secure any information provided by you through the Websites. Personal information is governed by Elastic Path’s Privacy Policy.
The Protected Areas of the Websites may contain Confidential Information of Elastic Path. “Confidential Information” is anything which Elastic Path does not make generally available to the public without restriction, and which it considers to be proprietary. Confidential Information includes, but is not limited to: (a) software, code or other technology; (b) technical information about Elastic Path products, including product roadmaps; (c) personally identifiable information about an individual; (d) material or information which, given its nature, should reasonably be considered to be confidential; and (e) material or information which is marked “confidential”.
Information and materials on the Websites are provided “as is” and are not promised or guaranteed to be correct, current or complete. The Websites may contain technical inaccuracies or typographical errors. Elastic Path assumes no responsibility (and expressly disclaims responsibility) for updating the Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all information and materials before making any decision related to any products, services or other matters described in the Websites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. ELASTIC PATH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY DURABILITY OR NON-INFRINGEMENT.
ELASTIC PATH DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, VIRUSES OR OTHER DEFECTS.
YOU ASSUME ALL RISKS IN THE TRANSMISSION OF ANY MATERIALS, DATA OR INFORMATION TO AND FROM ELASTIC PATH, INCLUDING ANY INTERCEPTION BY THIRD PARTIES.
IN NO EVENT WILL ELASTIC PATH SOFTWARE INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITES OR FOR THE USE OR DOWNLOADING OF ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON THE WEBSITES, EVEN IF ELASTIC PATH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.
Links on the Websites to third party Websites are provided for your convenience only. Elastic Path is not responsible for and does not endorse, control or make any representations or warranties as to the content, products or services offered from third party Websites. You are responsible for complying with the terms of use for such third party Websites.
The Websites are controlled by Elastic Path Software Inc. from its offices in Vancouver, Canada. All matters relating to your access to or use of the Websites will be governed by Canadian federal law or the laws of the Province of British Columbia. You agree to submit to the jurisdiction of the courts of British Columbia. Elastic Path makes no representation that the Websites or its contents comply with the laws of jurisdictions outside Canada.
Elastic Path retains the right to amend the above terms at any time, including the right to revoke any permissions.
These Terms of Use were last updated September 8, 2016.