Terms of Use

Released February 1, 2016

Arrayworks, Inc. makes information, products, resources and services available on the web site located at www.Arrayworks.com and ALL other Arrayworks Sites OR URL’s Linked to www.Arrayworks.com by Arrayworks Inc, (“Arrayworks” OR “We” OR “OUR”), its Subsidiaries and Affiliates (Collectively, the “SITE”), subject to the following terms and conditions (“TERMS”).   

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. By Using the Site, You Agree to BE BOUND BY the TERMS WITHOUT MODIFICATION. If You Do Not Agree, Do Not Access or Otherwise Use the Site.

USER RESPONSIBILITIES

  1. Authority. IF YOU ARE ACCEPTING THE SITE TERMS ON BEHALF OF AN EMPLOYER, A COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS HEREIN AND, IN SUCH EVENT, “YOU” AND “YOUR” AS USED IN THE TERMS SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MUST NOT USE THE SITE.
  2. Restrictions on Use of Site. You agree not to use or permit use of the SITE, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person, organization, legal entity or property (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to ARRAYWORKS under the TERMS, ARRAYWORKS reserves the right to remove or disable access to any material that violates the foregoing restrictions. ARRAYWORKS shall have no liability to you in the event that ARRAYWORKS takes such action. You agree to defend and indemnify ARRAYWORKS against any claim arising out of a violation of your obligations under this section.
  3. This SITE is not intended for children. Individuals under the age of 18 are not allowed to use this SITE or transmit or otherwise submit personal information to ARRAYWORKS. ARRAYWORKS does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18).
  4. Our use of Your Content: By visiting Arrayworks.com (the SITE), posting, publishing, commenting, tweeting, sending emails or otherwise transmitting content to ARRAYWORKS, (including, but not limited to: Blogs, Community Boards, Forums, Posts on ARRAYWORKS Social Media, etc.) constitutes electronic communications. If you send electronic communications to us, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the SITE, satisfy any legal requirement that such communications be in writing. Further, you acknowledge that such content is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) ARRAYWORKS a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

CONTENT

  1. ARRAYWORKS Content. All materials (text, artwork, graphics, images, photographs, sounds, music, logos, service marks, trademarks, contained or available on the SITE, and all related intellectual property is owned, controlled or licensed by or to ARRAYWORKS. Elements of ARRAYWORKS SITES are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any ARRAYWORKS SITE may be copied or retransmitted unless expressly permitted in writing by ARRAYWORKS.
    • PROPRIETARY RIGHTS. You acknowledge and agree that the SITE contents and all other items provided by ARRAYWORKS, and all copies thereof, constitute valuable trade secrets of ARRAYWORKS, or are proprietary property of ARRAYWORKS, and title thereto remains with ARRAYWORKS. All applicable copyrights, trade secrets, patents and other intellectual and property rights of the SITE and all other items provided, are and remain with ARRAYWORKS. All other aspects of the SITE and all other items provided, including without limitation, programs, methods of processing, and specific design of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of ARRAYWORKS, and shall not be sold, revealed, disclosed or otherwise communicated, directly or indirectly, by YOU, to any person, company or institution whatsoever without express written consent by ARRAYWORKS. It is expressly understood that no title to or ownership of the SITE, or any part thereof is hereby transferred to You. You shall not reverse engineer, decompile, disassemble or otherwise derive source code from the SITE or Products. All rights not expressly granted herein are reserved to ARRAYWORKS.
    • Documents. You may download, view, copy, and print material incorporated in these documents (the “Documents”) from the SITE subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way.
    • Documents you may download as specified DO NOT INCLUDE the design or layout of the SITE or any other ARRAYWORKS owned, operated, licensed, or controlled SITE.
  2. Third Party Websites and Linked Content. The SITE may provide access to content, products and services of third parties, including public comment, user posted content, advertisers, affiliates and sponsors of the SITE (the “Third Party Content”). ARRAYWORKS does not assume any obligation to monitor or remove any Third Party Content and is not responsible for Third Party Content provided on the SITE. The SITE may also contain links to other independent third party websites or resources (“Linked Sites”). The inclusion of any Linked Sites are provided solely as a convenience to our visitors and does not imply nor express an endorsement by ARRAYWORKS of those Linked Sites. You acknowledge that Linked Sites are not under ARRAYWORKS control and ARRAYWORKS is not responsible for the content accessible or otherwise available via any Linked Sites. Your use of Linked Sites is subject to the Terms of Use and Privacy Policies located on the Linked Sites. Use of any Third Party Content or Linked Sites is at your own risk. You will need to make your own independent judgment regarding your interaction with or use of any Third Party Content or Linked Sites.
  3. Gated Content. Valid identifying information about You is required to access certain features on the SITE, including the ability to view product demonstration videos.
    • Request a Demo. By clicking the “REQUEST A DEMO” button, you are giving ARRAYWORKS permission to provide this information to an ARRAYWORKS Consulting Partner [“Partner”]. This Partner may be an ARRAYWORKS representative or an ARRAYWORKS Value Added Reseller. ARRAYWORKS respects and protects your privacy. We will not rent, sell or share your personal information with outside companies for their promotional use, without your permission. Occasionally we may contact you with special offers that may interest you. If you prefer, you may tell us how you would like ARRAYWORKS to contact you.
    • Software. Any software that is made available to download by or through the SITE (“Software”) is the copyrighted work of ARRAYWORKS and/or its suppliers. Use of the Software is governed by the terms of an end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SITE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A LICENSE AGREEMENT ACCOMPANYING SUCH SITE CONTENT PROVIDED BY ARRAYWORKS.

ADDITIONAL TERMS

  1. Other Terms May Apply. Your use of the SITE is subject to ARRAYWORKS’ “PRIVACY POLICY
  2. Modification of TERMS. ARRAYWORKS may revise these TERMS at any time without notice. By using this SITE you are agreeing to be bound by the then current version of these TERMS.
  3. Termination of Use of the SITE. You agree that ARRAYWORKS may, in its sole discretion, at any time terminate your access to this SITE and any account(s) you may have in connection with this SITE. Access to this SITE may be monitored by ARRAYWORKS. ARRAYWORKS reserves the right to release information to the proper authorities as a result of a violation of these TERMS, our standards, or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate.
  4. Disclaimer or Warranty. The content of this SITE is for your general information and personal use only. It is subject to change without notice. Neither ARRAYWORKS nor any third parties (‘Third Parties’) provide any representation, warranty or guarantee as to the accuracy, timeliness, completeness or suitability for any particular purpose of the information and materials found or offered on the SITE. The content on the SITE may include unintentional technical, typographical, or photographic errors. ARRAYWORKS expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
  5. Limitation of Liability.Your use of any information or materials on the SITE is entirely at your own risk, for which ARRAYWORKS shall not be liable. It is your own responsibility to ensure that any products, services or information made available to you through the SITE meet your specific requirements.
  6. Notice to ARRAYWORKS, a Delaware corporation with a principle place of business in Massachusetts shall be sufficient only if in writing and delivered by a commercial courier service or by certified or registered mail, return receipt requested, to: ARRAYWORKS INC., 200 Chauncy Street, Suite 101, Mansfield, MA 02048, Attn: Legal Department. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ARRAYWORKS’ Legal Department. ALL INQUIRIES FAILING TO FOLLOW THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
  7. General: The TERMS, and any Claim relating to or arising from use of the SITE shall be governed and constructed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the TERMS shall be an appropriate state court in Bristol County, Massachusetts, or appropriate federal court located in Bristol County, Massachusetts. If for any reason a court of competent jurisdiction finds any provision of the TERMS, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the TERMS, and the remainder of the TERMS shall continue in full force and effect.

The TERMS contain the entire agreement between you and ARRAYWORKS with respect to the SITE and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ARRAYWORKS with respect to the SITE. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of ARRAYWORKS. The TERMS may only be modified, and a party may only waive its rights under the TERMS, by a written document executed by both parties.

If you have any questions about this legal notice, the practices of this SITE, or your dealings with ARRAYWORKS, contact us at Legal@ARRAYWORKS.com.