2. Eligibility to Use the Website
You represent and warrant that you are accessing the website for business purposes and not as a consumer (i.e., for your own personal use rather than in connection with your business or on behalf of your employer). If you are a consumer, you must cease accessing and using the website.
3. User Account, Password, and Security
Maxinov Solutions may make certain materials available to you through the website only if you have provided Maxinov Solutions with the user information as requested on the website and created an account (“Account”) using a Maxinov Solutions ID and password or any other valid email ID (collectively, the “Account Information”). The website invites you to register as a user by creating an Account as a condition for providing you with access to such materials. You are responsible for maintaining the confidentiality of your Account information and are fully responsible for all activities that occur under your Account.
- Provide the required Account Information as specified on the website and update and maintain it to ensure it remains accurate, current, and complete.
- Immediately notify Maxinov Solutions of any unauthorized use of your Account and/or Account Information or any other security breach.
Maxinov Solutions reserves the right to suspend (temporarily or indefinitely), terminate, or block access to the website and/or your Account at any time.
The website serves as a platform facilitating the provision of materials such as case studies, white papers, articles, press releases, videos, ebooks, product sheets, product demos, and infographics (“Materials”) to you.
- Provide copies of, distribute, or otherwise make any part of the Materials available to any third party.
- Sell or charge any third party to receive any Materials.
- Use the Materials, or any part of them, for providing knowledge process outsourcing services or any services similar to or competing with those provided by Maxinov Solutions or any member of its group of companies.
- Use the Materials, or any part of them, for providing a service bureau, including, without limitation, providing third-party hosting, application integration, application service provider-type services, or similar services.
Maxinov Solutions reserves the right to terminate, for any reason, your right to exercise the Licensed Rights, with immediate notice and without any liability to you.
5. Your Obligations
You agree to use the website and Materials only for purposes permitted by and in accordance with:
(c) The Additional Terms.
(d) Any applicable law.
You shall not:
Upload to the website any content or files that: (a) Contain viruses, corrupted files, or any other similar software, programs, or material. (b) May damage the operation of the website or another person’s computer. (c) Belong to another person and to which you do not have any right. (d) Are harassing, defamatory, libelous, obscene, pornographic, invasive of another’s privacy. (e) Infringe any patent, trademark, copyright, or other proprietary rights. (f) Are deceiving or misleading. (g) Are otherwise unlawful in any respect.
Engage in any activity that interferes with or disrupts access to the website or its servers and networks.
Attempt to gain unauthorized access to any portion or feature of the website or any other systems or networks connected to the website or to any Maxinov Solutions server.
Disrupt or interfere with the security of the website or cause harm to its systems, resources, accounts, passwords, servers, or networks.
Collect or store data about other users of the website.
Violate any applicable laws or regulations.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Intellectual Property Rights
You may not delete or alter any text, copyright, trademark, and other proprietary rights in any Materials supplied to you. You agree to abide by all access and use restrictions contained in any Materials or content made available to you.
The trademarks, trade names, designs, logos, and service marks displayed on the website or incorporated in any Materials (“Marks”) are the property of Maxinov Solutions. You are not permitted to use the Marks without the prior written consent of Maxinov Solutions. You shall not refer to or attribute any information to Maxinov Solutions in any public medium or otherwise imply any endorsement by or relationship with Maxinov Solutions.
7. Third Party Content
The website may provide links to third-party websites, and some of the content appearing on the website may be sourced from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources over which Maxinov Solutions has no control. Maxinov Solutions does not provide any warranties with respect to any Third Party Content, and, subject to Section 9, Maxinov Solutions shall not be liable for any loss resulting from your reliance on or use of such Third Party Content.
Maxinov Solutions may, at its sole discretion and without prior notice, terminate your access to the website and block your future access to the website if:
- If Maxinov Solutions is unable to verify or authenticate any information you provide.
- If Maxinov Solutions determines that your actions may cause legal liability for you, other users, or Maxinov Solutions.
You acknowledge that on termination of your Account for any reason, Maxinov Solutions may:
- Remove or limit your access to the website.
- Delete your Account and Account Information, including your personal information, login ID and password, and all related information, files, and materials associated with or inside your Account (or any part thereof).
Subject to Section 9 below, Maxinov Solutions shall not be liable to you or any third party for any termination of your Account, your access to the website, or the deletion of any of your Account Information or other data or information relating to your Account, including, but not limited to, pursuant to Section 8(b) above.
9. Disclaimer of Warranties & Limitation of Liability
THE WEBSITE AND ALL MATERIALS ARE PROVIDED BY MAXINOV SOLUTIONS WITH REASONABLE SKILL AND CARE BUT ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF SECTION 9(b) ABOVE, MAXINOV SOLUTIONS MAKES NO WARRANTY THAT:
(I) THE WEBSITE OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEBSITE OR ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
(II) THE QUALITY OF THE WEBSITE OR THE MATERIALS WILL MEET YOUR EXPECTATIONS.
SUBJECT TO SECTION 9(a) ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXINOV SOLUTIONS SHALL NOT BE LIABLE FOR:
- ANY LOSS YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION.
- ANY INTERRUPTION OR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON.
- ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THEREFROM.
- ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
Each party acknowledges that the exclusions and limitations on Maxinov Solutions’ liability set out in this Section 9 are distinct and separate provisions. If any provision or part-provision of this Section 9 is or becomes invalid, illegal, or unenforceable, the provisions of Section 13.c) shall apply.
13. General Provisions
14. Governing Law