Salient for CPG, Retail and Healthcare

Website Terms of Use

 

 

 

Effective October 27 , 2017

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE.  SALIENT CORPORATION (“SALIENT,” “WE,” OR “US”) PROVIDES THIS WEBSITE TO ALL VISITORS (“YOU” OR “YOUR”) WHO USE THE PUBLICLY AVAILABLE PAGES OF THE SITES LOCATED AT HTTPS://www.salient.com, AND ANY OTHER SITE PROVIDED BY US (COLLECTIVELY, THE “SITES“), SUBJECT TO THESE TERMS.  THESE TERMS ARE ENTERED INTO BY AND BETWEEN SALIENT AND YOU.
  1. Our Services to You We offer visual data mining software to corporate and government clients worldwide to improve management efficiency and decision-making.  Our Sites offer a variety of content, which may include access to product information, customer support, services, downloads, including documentation downloads and recorded webinars and webcasts, a knowledge repository and information about special events.
  2. Modifications to Terms and Additional Terms We reserve the right, in our sole discretion, to modify, alter, update, or remove portions of these Terms at any time, and will post updates on this webpage with a new effective date.  You should revisit these Terms from time to time as your continued use of the Sites signifies your acceptance of any changed items.  The Terms also include additional terms that may apply to specific services and software you may access on or from the Sites (“Additional Terms“).  Such Additional Terms will be available for you to read in connection with your use of such service or software.  If there is any conflict between the Additional Terms and the terms stated on this page, the Additional Terms shall control.
  3. Acceptance of the Terms Your use of the Sites is your acceptance of the Terms.  If you do not agree to all the Terms, including our Privacy Policy, found at https://www.salient.com/privacy-policy/, do not use the Sites or any services offered on the Sites.  You may not use the Sites or accept the Terms if: (a) you are not of legal age to enter into a binding contract or (b) you are a person prohibited by the laws of the United States of America or any other country from receiving the services on the Sites, including export and import control laws.
  4. Content and Intellectual Property The Sites contain information and material, including text, white papers, PDFs, images, photographs, graphics, audio and video (“Materials”), which are derived in whole or in part from information and materials supplied by us and other sources and are protected by international copyright, trademark, and other laws.  The contents of the Sites are copyrighted as a collective work under the United States Copyright Laws.  The use of any such Materials on any other website or networked computer or environment without our express written consent is prohibited.Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way nor may they be decompiled, reverse engineered, or disassembled, except that you may i) download the Materials for your personal, non-commercial use only and ii) download or print Materials expressly labeled as downloadable, solely for internal viewing and browsing purposes, provided you keep intact all copyright, trademark, and other proprietary notices and make no change in or deletion of author attribution in each case.  Any technical information that you download is also governed by the terms and conditions of your written software license agreement or partnership agreement with Salient, whichever is applicable.  White papers may be distributed only in connection with the furtherance of Salient business in connection with your partnership with Salient.  This limited authorization is not a transfer of title in the Materials and by your use of the Sites, you acknowledge that you do not acquire any license, ownership, or other rights to the Materials.  Modification of the Materials or use of the Materials for any other purpose is a violation of our or such other sources’ copyright, trademark, and other proprietary rights and may violate other laws.
  5. Restrictions on Use of The Sites And Their Content You agree to use the Sites only for purposes that are permitted by these Terms.  We hereby grant you permission to access and use the Sites as set forth in these Terms, provided that you must NOT:
    • use the Sites for any illegal or unauthorized purpose;
    • circumvent, disable, or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of the Sites and the Materials and User Submissions on the Sites;
    • engage in any activity that interferes with or disrupts the Sites (or the servers and networks which are connected to the Sites), including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature;
    • inject content or code or otherwise alter or interfere with the way any part of the Sites is rendered or displayed in a user’s browser or device;
    • attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites;
    • change, alter, or modify any part of the Sites for any reason;
    • engage in any activity or use any device, software, or routine that interferes with a user’s access to the Sites or the proper operation of the Sites;
    • impersonate any person or entity, including any employee or representative of us, or otherwise misrepresents your affiliation with a person or entity;
    • copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of the Sites, including any services included on the Sites;
    • collect or store personal data about other users.
    • You agree not to offer any services on the Sites on an application service provider or time-sharing basis.
  6. User Responsibilities, Communications, Feedback, and Submissions We welcome your comments and feedback regarding the Sites.  However, we do not want and cannot accept any ideas, materials, or suggestions you consider to be confidential or proprietary.  Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted, or offered to us using the Sites or otherwise (collectively, “Submissions“) are not confidential and will become and remain our property.  We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from, and distribute these Submissions in any medium and through any method of distribution, transmission, or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.  You acknowledge and agree that your Submissions must NOT:
    • be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, containing explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise in violation of these Terms or the Privacy Policy;
    • victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other reason;
    • infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    • constitute unauthorized or unsolicited advertising, junk, or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
    • contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    • interfere with or disrupt our services or servers or networks connected to the Sites;
    • intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission; any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ; and any regulations having the force of law.
  7. The Sites allow for a “live chat” feature.  Any communication that you have or content that you submit via the live chat feature is considered to be a Submission and is subject to the same terms and conditions set forth here.  In particular, we don’t guarantee any confidentiality with respect to any live chat.
  8. Access and Provision of Services While we endeavor to provide the most accurate, up-to-date information available, the services, directories, and information contained in the Sites may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice.  You agree that we may stop providing all or any portion of the Sites (including any services and any features within the services) to you or to all users at our sole discretion, without any prior notice to you.  You may stop using the Sites, including any services, at any time and need not provide any notice to us that you have stopped such use.  We cannot guarantee that the services, content, or other information provided through the Sites will be accurate or up-to-date.  You agree that we may limit, at our sole discretion, the nature, level, or quantity of your access to the Sites, including the number of transmissions you may send or receive and the bandwidth you may use, all without any prior notice to you.  You acknowledge and agree that your access to the Sites, including any services, will not necessarily be uninterrupted, timely, secure, or error-free.
  9. Indemnity You agree to indemnify and hold Salient and its subsidiaries, affiliates, officers, agents, licensors, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, or make available through the Sites, your use of the Sites, your connection to the Sites, your violation of the Terms, or your violation of any rights of another.
  10. Disclaimers THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED BY US ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SALIENT AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, SECURITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THE SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.  SALIENT AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE AND THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR VEHICLES INCLUDED ON THE SITE. DOWNLOAD OF ANY MATERIAL FROM THE SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT MAY RESULT FROM SUCH DOWNLOAD.From time to time, we may make suggestions or recommendations of certain products or services.  However, we make no guarantee as to satisfaction for our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
  11. Limitation of Liability IN NO EVENT SHALL SALIENT OR ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES UNDER ANY THEORY OF LIABILITY (INCLUDING TORT, CONTRACT, OR ANY OTHER THEORY).  IN PARTICULAR, BUT WITHOUT LIMITATION, NEITHER SALIENT NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF THE SITE OR ITS SERVICES, CONTENT, MATERIALS, OR LINKS.  THIS LIMITATION WILL APPLY EVEN IF SALIENT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  THE TOTAL LIABILITY OF SALIENT AND ITS LICENSORS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING THE SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE AGREEMENT ARE GOVERNED SOLELY BY THAT LICENSE AGREEMENT.
  12. Links and Third Party Content The Sites may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties.  We are providing these links solely as a convenience.  The appearance of a link does not imply our endorsement of the link/site, nor are we responsible for the content of any linked site.  You access linked sites at your own risk.  Certain content from third party vendors may be made available as part of the Sites.  This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.You must give us prior written notice if you wish to link any other web page, etc. to our Sites.  Such notice should be sent to info@salient.com.  We reserve the right to refuse anyone permission to link to our Sites, for any or no reason.
  13. Compliance with Laws You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Sites.  We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities.  If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated or remove any material from our servers.  You agree to cooperate fully with any such investigation.  You acknowledge that violations of these Terms or the Privacy Policy could subject you to criminal or civil penalties.
  14. Termination of Usage We may terminate or suspend your access to all or part of the Sites, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Sites or is in violation of any applicable law or these Terms.
  15. Privacy Policy We consider the privacy of our users to be paramount and we have developed a privacy policy to protect and inform our users. Our current Privacy Policy is incorporated herein by reference and made part of these Terms https://www.salient.com/privacy-policy.
  16. Applicable Law The Sites are controlled by us from our offices within the State of New York, United States of America.  The laws applicable to the interpretation of these Terms shall be the laws of New York, USA, without regard to any conflict of law provisions.  We make no representation that the Sites’ content is appropriate for access outside of the United States.  Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
  17. Special Admonitions for International Use Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and software exported from the United States and the export and import laws of the country in which you reside.
  18. Disputes You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts of Chemung County, New York, USA and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms may be brought by either party more than one year after the cause of action has occurred.
  19. Entire Agreement Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof.  Any conflicting or supplementary terms proposed by you in any e-mail or other communication shall not be binding on us and are hereby objected to and expressly rejected.
  20. Severability If any portion of these Terms of Use or the Privacy Policy is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms of Use and the Privacy Policy shall remain in full force and effect.
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