ONLINE TERMS AND CONDITIONS
Tremolo Security, Inc. (“Tremolo,” “’we,” or “us”) provides Products and tools (the “Products”), through our website accessible at the URL http://www.tremolosecurity.com/ (the “Site”), to enable identity integration across your Products applications, as well as services related to the Products (the “Services”). The Products and Services are provided to you only under the following terms and conditions (the “Terms”).
PLEASE READ THE TERMS CAREFULLY. BY USING THE SERVICES OR DOWNLOADING THE PRODUCTS, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SERVICES OR DOWNLOAD PRODUCTS UNLESS YOUR ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE, THE PRODUCTS OR THE SERVICES.
I. ACCESS TO TREMOLO SERVICES AND PRODUCTS
A. Access to Online Features
For so long as you agree to these Terms and abide by them, you may use the Site. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any Products, scripts and other content that we may from time to time have specifically identified within the Site as available for download (“Products”) as well as services related to such Products (the “Services”).
B. General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense the Products or access to the Services to any third-party. You may use the Site, the Services and Products only for your personal, non-commercial purposes. You may not modify or create any derivative product based on the Site, the Service or the Products. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Products is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Services, the Site or the Products to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services, the Site or the Products or servers or networks connected to the Site, the Services, or the Products or disobey any requirements, procedures, policies or regulations of networks connected to the Site, Services or the Products. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Site, Services or Products (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
C. Use of Third-Party Offerings
As between you and us, we and/or our licensors, vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Services, and all Products, and all related intellectual property rights. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any Product or copyrighted work made available or accessible via the Site or the Services.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Tremolo, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Tremolo or any of its employees or representatives automatically become the property of Tremolo.
You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate Your license to the Products or access to the Site or Services (or any portion thereof).
1. Visitors and registered users. Visitors may browse the Site in accordance with these Terms, but will not have access to certain Services (which may include downloading Products) without first becoming Registered Users. In order to use the Services and download Products available to a Registered User, You are required to set up an Account with Tremolo. When You set up an Account, You are required to select a unique user ID (“User ID”) and password to access the Services, including downloading Products. You may not transfer or share Your User ID, password or Account information (collectively, the “Account Information”) with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Information. You are solely responsible for any and all use of Your User ID and Account and all activities that occur under or in connection with Your User ID or Account. You agree to be responsible for any act or omission of any users that access the Site or Services or download Products under Your User ID or Account that, if undertaken by You, would be deemed a violation of these Terms, and that such act or omission shall be deemed a violation of these Terms by You. Please notify us immediately if You become aware that Your User ID or Account is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
THE SERVICE, THE SITE, THE PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TREMOLO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TREMOLO AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH A TREMOLO SERVICE AND/OR SITE OR BY USING A PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE PRODUCTS OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. TREMOLO IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. TREMOLO DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE OR THE PRODUCTS.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE PRODUCTS OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE, THE SERVICES, THE PRODUCTS AND FROM ANY OUTPUT OF THE PRODUCTS OR SERVICES. YOU UNDERSTAND THAT TREMOLO HAS DEVELOPED ITS TECHNOLOGIES TO FIND INFORMATION THAT IT BELIEVES WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, TREMOLO MAY IN ITS DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
B. Limitation Of Liability
USE OF THE TREMOLO SERVICE, THE SITE AND ANY PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT WILL TREMOLO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF TREMOLO WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREMOLO TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES PAID TO TREMOLO BY YOU DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. IF NO PAYMENTS HAVE BEEN MADE DURING THIS PERIOD, SUCH LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS (USD 1,000.00). IF THE PRODUCTS OR SERVICES WERE OBTAINED BY YOU FREE OF CHARGE, TREMOLO’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND TREMOLO RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND ANY PRODUCTS TO YOU, AND TREMOLO WOULD NOT PROVIDE THE SITE, PRODUCTS OR SERVICE TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT TREMOLO’S OPTION, DEFEND TREMOLO (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.
III. TERM AND TERMINATION
These Terms will become effective and binding when you download the Products, use the Products or the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Products, Site or Services. We reserve the right to terminate these Terms and your license to the Products or your access to the Site and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms.
IV. MISCELLANEOUS MATTERS
If you believe your copyright has been violated by works or Third-Party Offerings accessible on the Site or through the Service, please contact us by email at firstname.lastname@example.org.
C. Modifications to Terms
D. Modifications to Services.
We reserve the right to modify the Site, the Products, our offerings and/or Services at any time without notice. If you object to any changes to the Site, the Products or Services, your sole recourse will be to cease using them. Continued use of the Site, Products or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site, Products and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site, Products or the Services.
E. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Products. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Virginia. The failure of Tremolo to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Products, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and Tremolo with regard to the matters described above. You shall undertake all measures necessary to ensure that your use of the Products comply in all respects with all applicable laws, statutes, regulations, ordinances or other rules promulgated by governing authorities having jurisdiction over the Parties or the Products, including, without limitation, by means of obtaining any permits, licenses and/or approvals required with respect to export regulations promulgated by the Bureau of Export Administration or any other agency or department of the federal government of the United States of America. You acknowledge that Tremolo makes no representation or warranty that the Products may be exported without appropriate licenses or permits under applicable law, or that any such license or permit has been, will be or can be obtained. The Products and the underlying information and technology may not be downloaded or otherwise exported or reexported (i) into any country to which the U.S.A. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Products, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.