Terms of Use

Date: January 01, 2020

Overview

The following are the terms of an agreement between you and Confinity Solutions. By accessing, or using this Website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Website.

Confinity Solutions may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Website. Confinity Solutions may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This Website contains proprietary notices and copyright information, the terms of which must be observed and followed.

Confinity Solutions grants you a non-exclusive, non-transferable, limited permission to access and display the Webpages within this site as a customer or potential customer of Confinity Solutions provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and Confinity Solutions may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website.) All other use of this site is prohibited.

Except for the limited permission in the preceding paragraph, Confinity Solutions does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

Disclaimer

From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

Confidential information

Confinity Solutions does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to Confinity Solutions will be deemed NOT to be confidential. By sending Confinity Solutions any information or material, you grant Confinity Solutions an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Confinity Solutions is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Confinity Solutions for the purpose of receiving products or services will be handled in accordance with our Security Policy.

Global availability

Information that Confinity Solutions publishes on this Website may contain references or cross references to Confinity Solutions products, programs and services that are not announced or available in your country. Such references do not imply that Confinity Solutions intends to announce or make available such products, programs, or services in your country.

Business relationships

This Website may provide links or references to non-Confinity Solutions Websites and resources. Confinity Solutions makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Confinity Solutions Websites or third-party resources (including any IBM Website) that may be referenced, accessible from, or linked to any Confinity Solutions site. In addition, Confinity Solutions is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Confinity Solutions´ site. When you access a non-Confinity Solutions´ Website, even one that may contain the Confinity Solutions-logo, please understand that it is independent from Confinity Solutions, and that Confinity Solutions does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Linking to this site

Confinity Solutions consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Confinity Solutions; (c) imply that Confinity Solutions approves or endorses you, your Website, or your service or product offerings; and (d) present false or misleading impressions about Confinity Solutions or otherwise damage the goodwill associated with the Confinity Solutions’ name or trademarks. As a further condition to being permitted to link to this site, you agree that Confinity Solutions may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Confinity Solutions’ trademarks.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CONFINITY SOLUTIONS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CONFINITY SOLUTIONS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONFINITY SOLUTIONS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CONFINITY SOLUTIONS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.