Changes to Terms of Use
currIQūnet Solutions, LLC DBA Acadea reserves the right to change these terms of purchase and use from time to time. Such changes will become effective when currIQūnet Solutions, LLC DBA Acadea posts the revised terms of use as part of the service or on any related website. The most current version of the terms of use can be reviewed below. Users should check the terms of use from time to time, as they are bound by the terms of use so posted from and after the time the changes are posted. Any revised terms of use shall supersede all previous version
Terms of Purchase and Use
PLEASE READ CAREFULLY BEFORE PURCHASING THE PRODUCTS AND USING THIS SaaS SERVICE. BY PURCHASING THE PRODUCTS, AND/OR ACCESSING AND USING THE SaaS SERVICE AND THE ASSOCIATED WEBSITE, APPLICATIONS AND TOOLS, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. THESE TERMS OF PURCHASE AND USE FORM PART OF THE SaaS SUBSCRIPTION AGREEMENT, WHICH YOU ARE REQUIRED TO ACCEPT IN CONNECTION WITH YOUR INITIAL AND ALL SUBSEQUENT PURCHASES OF THE PRODUCTS AND USE OF THE SaaS SERVICE.
SaaS Services; Grant of Rights
If SaaS Services are obtained pursuant to Schedule A, Service Provider grants you and your staff (collectively, the “Users”), for the Term of Service indicated in Schedule A, a limited, non-exclusive, terminable, non-transferable license to access and use the services, tools and applications provided through the SaaS Service subject to these Terms of Purchase and Use. The SaaS Service may include download areas and product information provided by Service Provider or third-party vendors. All SaaS Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Purchase and Use. All rights not expressly granted to you and your Users pursuant to the SaaS Subscription Agreement are reserved to Service Provider, and all uses of the SaaS Service not expressly permitted hereunder are prohibited.
Permitted and Prohibited Use
Limited Use. You and your Users may access the SaaS System and use the SaaS Services solely to support and operate in your internal business (i) the software access purchased by you from Service Provider; and, (ii) Service Provider’s web-based monitor and control management portal (“the “Portal”). Service Provider reserves the right, in its sole discretion, to limit your and/or your Users’ use of the SaaS Services in the event that Service Provider determines that your and/or your Users’ use thereof to be inconsistent with such purposes, and/or otherwise inconsistent with these Terms of Purchase and Use.
Prohibited Uses. You agree, for yourself and all your Users, as a condition of use of the SaaS Services, not to use the SaaS Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You and your Users may not use the SaaS Service in any manner that could damage, disable, overburden, or impair any Service Provider or subscriber server, or the network(s) connected to any Service Provider or subscriber server, or interfere with any other party’s use and enjoyment of any of the SaaS Services. You and your Users may not attempt to gain unauthorized access to any part of the SaaS Services, other accounts, computer systems or networks connected to any Service Provider or subscriber server or to any part of the SaaS Services, through hacking, password mining or any other means. You and your Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SaaS Services. Except as expressly set forth herein, you and your Users may not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the SaaS Services, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the software used to provide the SaaS Services, or use a robot, spider, or any similar device to copy or catalog any materials or information made available through the SaaS Services; or, (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the SaaS Services’ control or security systems, or allow or assist a third party to do so.
Suspension of Service. Service Provider may at any time suspend (or require that you suspend) the access of Users to the SaaS Services and/or disable their Login Information in the event of violation of these terms and conditions. Grounds for suspension of service are not limited to, but may include, for example, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if Service Provider or you have has reason to suspect any such User is engaged in activities that may violate these Terms of Purchase and Use, applicable laws, or subscriber policies, or are otherwise deemed harmful to Service Provider, your organization, your and our respective network or facilities, or other Users. Service Provider shall not be liable to any User for suspension of SAAS Service, regardless of the grounds.
Ownership; Subscriber and User Submissions
As between you and your Users and Service Provider, the SaaS Services, any material or information provided pursuant to the SaaS Services, and any associated applications, tools or data, and all additions, modifications and improvements made or specified by Service Provider, its agents or contractors, are the property of Service Provider, and are protected by United States and international copyright, trademark and patent laws, as applicable. By using the SaaS Services, neither you nor your Users gain any ownership interest in such items.
Service Provider does not claim ownership of the usage information you or your Users provide for the use and operation of the SaaS Services. Service Provider and its vendors and contractors may use such information to operate and administer the SaaS Services. In addition, Service Provider may retain, analyze, use and share such information in anonymous, filtered, or aggregate form for general business purposes.
Service Provider reserves the right to upgrade, modify, replace or reconfigure the SaaS Services at any time. Customer will be provided at least thirty (30) days’ advance notice for changes that materially and adversely affect any use of the SaaS Services. Service Provider may also change the fee schedule, support terms, and service level agreements for the SaaS Services subject to at least thirty (30) days’ advance notice, except that the change will not apply for the remainder of the Term of Service to the amount and type of SaaS Services you have contracted for under existing Order Forms. Any such notice may be given and shall be provided in an email sent to your account representative, or if included in any amendment, extension or new version of this Agreement or any Order Form.
Links to Third Party Sites
The SaaS Service may provide links that allow you or your Users to leave Service Provider’s site and/or access third party websites. The linked sites in many cases are not under the control of Service Provider and Service Provider is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Service Provider is not responsible for webcasting or any other form of transmission received from any linked site. Service Provider provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Service Provider of the site.
Use of Passwords; Internet
You are responsible for providing and administering usernames and passwords for all Users (the “Log-In Information”). Each User must have a valid username and password for the purpose of accessing the SaaS Services. You and your Users must keep all Log-In Information strictly confidential. Login Information may be used only by the assigned User and may not be shared or transferred without your consent and control.
You and your Users are responsible for maintaining the confidentiality of that User’s username and password. You and your Users are responsible for any and all activities that occur under your entire Users’ accounts. You agree to notify Service Provider immediately of any unauthorized use of your Users’ accounts or any other breach of security. Service Provider will not be liable for any loss that you or a User may incur as a result of someone else using your Users’ passwords or accounts, either with or without the applicable Users’ knowledge.
Service Provider does not guarantee the security of any information transmitted to or from you or any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each User’s sole responsibility and the responsibility of Internet provider(s) you select. Service Provider does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
Communications from Service Provider
Service Provider may periodically contact you or Users for customer service purposes. By accessing the SaaS Services, you and each User consent to receive such communications. You agree that Service Provider may reference its business relationship with you in its marketing or sales materials.