Use of the Site
You may access and use this Site solely for lawful purposes and only in accordance with the Terms. ALLIUM reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Site (or any Content), or revise these Terms with immediate effect.
ALLIUM may also (without prejudice to any other remedies ALLIUM may have at law or in equity) restrict, suspend or terminate your access to the Site or any portion thereof, with or without notice, should you violate any of these Terms.
Content of the Site
All content provided on or offered through this Site (including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs) (collectively, “Content”) is owned by ALLIUM and/or its partners, affiliates, and licensors (“Affiliates”). This Content is protected by United States and international intellectual property rights, including, as applicable and without limitation, copyrights, trademarks and patents, (“Intellectual Property Rights”). ALLIUM and its licensors retain all ownership rights in, and proprietary rights to, the Content. Unless otherwise labelled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, “Marks”) are the property of ALLIUM and its Affiliates.
Your access to or use of our Content is subject to the Terms, including the following:
- You may use the Content solely as displayed on the Site and may not download or otherwise copy any Content without prior written permission of ALLIUM.
- You may use the Content only in the form provided on or through the Site and may not modify, amend, or combine any Content with other materials to form any new content. You may not display, link to, or otherwise use the Marks without the prior written permission of ALLIUM, which ALLIUM may grant or deny in its sole discretion.
- You must obtain all copies or reproductions of the Content directly from ALLIUM. You obtain no ownership rights in or to the Site or its Content through these Terms, and no other rights to utilize, reproduce, display or publicly perform the Content, except as expressly set forth in these Terms.
Except as otherwise expressly stated, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or its Content, or any Intellectual Property Rights.
In addition, you may not: (i) copy, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or its Content without the prior written permission of ALLIUM; and (ii) use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this Site or any Content.
Notwithstanding the above, any software, data, information and other materials (“Products”) that are made available for separate downloading, access, or other use from this Site with their own license terms, conditions, and notices (“Product Terms”) will be governed by such terms, conditions, and notices. In case of conflict between these Terms and the Product Terms, the latter will prevail as they relate to your use of the Products.
Forward-Looking and Cautionary Statements
Except for historical information and discussions, statements set forth throughout this Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially from the estimates or results implied or expressed in such forward-looking statements,.
Postings and Uploads
ALLIUM does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to ALLIUM will be deemed NOT to be confidential. By sending ALLIUM any information or material, you grant ALLIUM an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that ALLIUM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to ALLIUM for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the paragraph entitled “Privacy” for information regarding the ALLIUM privacy policies.
Claims of Infringement
ALLIUM respects the intellectual property rights of others and requests that you do the same. If you believe that copyright or intellectual property rights held by you a person on whose behalf you are authorized to act have been infringed, you may notify our legal department at the following address:
Attn: Corporate Legal Department
15 Inverness Way East
Englewood, CO 80112
Please note that your notification must inlcude the following information:
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and location of such material;
- In case of a claim of copyright infringement, identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Your name, address, daytime phone number, and email address, if available;
- A statement that you have a good-faith belief that the use of the work is not authorized by the owner, his or her agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner;
- A copy of any copyright or related registration evidencing your claim or intellectual property right or ownership; and
- A physical signature reflecting that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIS SITE IS PROVIDED BY ALLIUM “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER ALLIUM NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED ON, DOWNLOADED FROM, DISTRIBUTED THROUGH, OR OTHERWISE AVAILABLE FROM THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR BY ACCESSING THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, ALLIUM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND IHS CONTROL MAY OCCUR FROM TIME TO TIME.
Limitation of Liability
IN NO EVENT WILL ALLIUM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH, AS A RESULT OF OR ARISING OUT OF: (a) YOUR ACCESS TO OR USE OF THE SITE OR CONTENT, (b) YOUR INABILITY TO USE THE SITE OR CONTENT; (c) ANY LOSS OF DATA AND/OR EQUIPMENT FAILURE; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (e) DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND OUR CONTROL; (f) YOUR USE OF, REFERENCE TO, OR RELIANCE ON, THE CONTENT; (g) ANY THIRD-PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE; OR (h) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ALLIUM IS TO DISCONTINUE YOUR USE OF THE SITE AND CONTENT.
You hereby agree to indemnify, defend, and hold harmless ALLIUM and its Affiliates and each of their officers, directors, employees, agents, contractors, assigns, licensors, sub-licensors, third-party providers, suppliers, and successors in interest from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result or arise from your use of the Site and any violation of these Terms. ALLIUM will provide you with notice of any such claim or allegation, and ALLIUM will have the right to participate in the defense of any such claim at its expense.
This Site may provide links or references to non-ALLIUM sites and resources. ALLIUM makes no representations, warranties, or other commitments whatsoever about any non-ALLIUM sites or third-party resources that may be referenced, accessible from, or linked to any ALLIUM site. A link to a non-ALLIUM site does not mean that ALLIUM endorses the content or use of such site or its owner. In addition, ALLIUM is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an ALLIUM site. Accordingly, you acknowledge and agree that ALLIUM is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate. Providing a link to this Site on a third-party website requires ALLIUM prior written approval.
Certain Content in this Site may be made available in languages other than English. Content may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and ALLIUM makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.
ALLIUM reserves the right to vary, amend, remove or add to these Terms or the Content at any time. Such modifications shall be effective immediately.
If any provision of these Terms is found invalid or unenforceable in any jurisdiction, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining portions will remain in full force and effect.
Jurisdiction and Venue
This agreement will be governed by the laws of the State of New York, without giving effect to any conflict of laws principles. You hereby irrevocably and unconditionally consent to the jurisdiction of New York courts. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
How to Contact Us
If you have any questions or comments about these Terms or this Site, please contact our legal department at the following address:
ALLIUM Attn: Corporate Legal Department
15 Inverness Way East
Englewood, CO 80112
Thank you for visiting our site!