Trust & Transparency at Superna
We reserve the right to modify these TOU at any time by posting an update to the Sites. Your use of the Sites following such update constitutes your agreement to be bound by these TOU as modified. NOTWITHSTANDING THE FOREGOING, THIS RIGHT TO MODIFY SHALL NOT INCLUDE THE AGREEMENT TO ARBITRATE SET FORTH BELOW. NO PART OF THE AGREEMENT TO ARBITRATE MAY BE AMENDED, DISCHARGED, MODIFIED, OR WAIVED EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.
“Customer” means an entity receiving Offerings from Superna pursuant to a separate written agreement with Superna.
“Form Tools” means the third-party products and services that Superna uses to enable Site Forms on the Sites and process the information submitted through Site Forms.
“Offerings” means the software, subscription services, and support and professional services that Superna provides Customers to help protect, manage, and secure their unstructured data.
“Site Form” means a form available on the Sites that can be used to submit or request information to or from Superna or otherwise contact Superna for any purpose.
“Sites Materials” collectively refers to Site Forms, Third Party Content, and Superna Content.
“Sites User” means any person who uses the Sites, which includes browsing the Sites or submitting a Site Form.
“Third-Party Content” means content or tools provided by third parties that are available on the Sites, such as links to third-party web pages and advertisements for the products or services of third parties.
“Superna Content” means the text, graphics, sounds, images, information, and software that you see, hear, or otherwise experience on the Sites, except for Third-Party Content.
- Purpose of the Sites: The Sites are intended to provide information about the Offerings. The Sites provides functionality for Site Users to request further information about the Offerings and to contact Superna through Site Forms. By browsing the Site Materials or submitting a Site Form, you are a Site User for purposes of these TOU.
- Offerings Subject to Other Terms: These TOU do not govern the purchase or use of Offerings, the terms of any reseller relationship with Superna, or the use of any third-party web portal through which the Offerings may be accessed by Customers (each a “Portal”). If you elect to evaluate or purchase the Offerings, your purchase and use of the Offerings will be subject to a separate agreement between you and Superna.
- Use of the Sites: You may use the Sites and Site Materials solely for your personal, non-commercial use to learn about Superna and the Offerings, and/or contact Superna, provided that you comply and remain in compliance with these TOU. You are responsible for obtaining access to the Sites and for any third-party fees incurred as a result (such as internet service provider or airtime charges). You may not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Materials or other information, tools, products, or services obtained from the Sites;
- copy, modify, create a derivative work from, reverse engineer or reverse assemble the Sites, or otherwise attempt to discover any source code;
- copy or reproduce Site Materials or functionality to any other server or location for further reproduction or redistribution;
- use the Sites to upload or distribute any type of malware;
- use the Sites in any manner that damages, disables, overburdens, or impairs the Sites or interferes with any other party’s use and enjoyment of the Sites;
- access the Sites by any means other than through the interface that is provided by Superna for use in accessing the Sites;
- use, or attempt to use, the Sites to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights;
- impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Superna, or otherwise attempt to mislead with respect to your identity; or
- use the Sites for any purpose or in any manner that is unlawful or prohibited by these TOU.
- Reservation of Rights: Superna reserves the right, in its sole discretion, to: (i) make changes to these TOU; (ii) make changes to Site Materials; (iii) determine if you have violated these TOU; and (iv) take any action we deem appropriate if we determine you have violated these TOU.
- Third-Party Content: The Sites may display Third-Party Content. In consideration for the convenience of Superna making Third-Party Content available or accessible to you, you acknowledge that Superna is not responsible for any such Third-Party Content and Superna makes no representations as to the completeness or accuracy of such Third-Party Content. You also agree that Superna is not responsible or liable for any losses or damages you experience with any Third-Party Content you choose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. In some instances, Superna Content may be available on multiple third-party platforms. Your use of such platforms may be subject to additional terms, including but not limited to the YouTube Terms of Service here: https://www.youtube.com/t/terms. Superna is not a party to any such additional terms.
- Intellectual Property Rights:
- In General: The Sites and all Site Materials are protected by United States and foreign intellectual property laws. The Superna Content is the valuable intellectual property of Superna or its licensors. Superna owns and retains all copyrights in Superna Content. Third Party Content may be subject to the intellectual property rights of third parties. Except as stated herein, none of the Site Materials may be copied, reproduced, or distributed in any form without the prior written permission of Superna.
- Trademarks: The trademarks and service marks of Superna, as well as any other names or logos that appear on the Sites, are the valuable intellectual property of Superna or its licensors. The appearance, layout, color scheme, and design of the Sites are protected trade dress. Site Users do not receive any right or license to use any of the foregoing.
- Feedback: Superna may use for any lawful purpose, including to improve the Sites and Offerings, or other products and services, any suggestions or other feedback you provide, without payment or condition.
- Copyright Infringement and Copyright Agent: If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Sites, please provide notice to the Superna Copyright Agent and include the following information (“Notice”):
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
- A description of where the material that you claim is infringing is located on the Sites.
- Information sufficient to permit Superna to contact you, such as your physical address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Superna Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Superna USA, Inc.
225 Cedar Hill St., STE. 200,
Marlborough, MA 01752
ATTN: Copyright Agent
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON THE SITES. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
- Compliance with Laws: By accessing or using the Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Sites. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any Site Materials to countries or persons prohibited under the export control laws of the United States. Superna makes no representation that the Site Materials are appropriate or available for use outside the United States. If you have chosen to access the Sites from outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable.
- Legal Disclaimers: The Sites and all Site Materials are provided for the convenience of visitors of the Sites, including prospective Customers of Superna. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERNA AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SITES AND SITE MATERIALS. THE SITES AND SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SUPERNA DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES. SUPERNA DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITES OR DOWNLOADED MATERIAL OR DATA RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, SUPERNA IS NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL SUPERNA OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITES OR SITE MATERIALS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF SUPERNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Sites, including, without limitation, damages you may incur because of third-party services or other services or products received, such as third-party services or products received by, advertised on, or linked to the Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Indemnity: You agree to defend, indemnify, and hold harmless Superna and its officers, directors, employees, consultants, agents, and licensors from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your violation of any provision of these TOU, (ii) your violation of applicable law in connection with your use of the Sites, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party in connection with your use of the Sites.
- Waiver and Severability: Any failure by Superna to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect.
- Entire Agreement: These TOU constitute the entire agreement between you and Superna with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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