Welcome to the Sequentum Web site (the “Web site”). The Web site is owned and operated by Sequentum Inc, a Delaware corporation (“Sequentum”) having a place of business at 33 Irving Pl, Floor 5, New York, NY 10003, USA Pty Limited. Please review the following terms and conditions concerning your use of the Web site. By accessing, using or downloading any materials from the Web site, you agree to follow and be bound by these terms and conditions (the “Terms”). Sequentum reserves the right to change the Terms at any time and in its sole discretion. In case of any violation of the Terms, Sequentum reserves the right to seek all remedies available to it in law and in equity. In order to access and use the Sequentum Enterprise, you must agree to the terms of The Sequentum Enterprise License Agreement.
You acknowledge that all materials provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, videos, software, and services (“Materials”), are provided either by Sequentum or by their respective third party authors, developers and vendors (“Third Party Providers”) and the underlying intellectual property rights are owned by Sequentum and/or its Third Party Providers.
Sequentum company and product logos displayed on this web site are trademarks of Sequentum, one of its affiliates, or third parties who have licensed their Trademarks to Sequentum or one of its affiliates. The Sequentum logo, Sequentum Enterprise logo and other Sequentum products referenced herein are trademarks of Sequentum and may be registered in certain jurisdictions. All other company, product and brand names are trademarks of their respective owners.
Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Sequentum Trademark without first obtaining Sequentum’s written permission.
LIMITED LICENSE / RESTRICTIONS
Subject to the terms and conditions of this Agreement, Sequentum hereby grants you permission to display, cache, and download Sequentum’s Materials on this Web site provided that: (1) you display the relevant ownership notices provided with the Materials; (2) Except as provided in a separately executed The Sequentum Enterprise License Agreement between you and Sequentum, the use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions.
Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Sequentum or the Third Party Provider. Also, you may not “mirror” any Materials contained on this Web site on any other server without Sequentum’s prior express written permission.
Except where expressly provided otherwise by Sequentum, nothing on this Web site shall be construed to confer any license under any of Sequentum’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Sequentum. Sequentum does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Sequentum.
Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TERMINATION OF SERVICES/ WEB SITE
Sequentum may modify or discontinue its Web site or the Materials provided here at any time, with or without notice to you. Sequentum will not be liable to you or any third party as a result of such modification or discontinuation. Sequentum reserves the right, in its sole discretion and at any time, to terminate your access to the Web site and/or any of its services without liability to you or any third-party. In addition, access to the Web site may be monitored by Sequentum. Upon termination of these Terms, you will immediately destroy any downloaded or printed Materials.
LINKS TO OTHER WEB SITES
This site may contain hyperlinks to web sites that are not operated by Sequentum. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Sequentum does not control these web sites and is not responsible for their contents. You access and use these web sites solely at your own risk.
Except where expressly provided otherwise by Sequentum, all comments, feedback, information or materials submitted to Sequentum through or in association with this Web site (“Submissions”) shall be considered non-confidential and Sequentum’s property. By providing such Submissions to Sequentum, you agree to assign to Sequentum, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Sequentum shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Sequentum, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS”, ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND SEQUENTUM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SEQUENTUM MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE OR ANY OTHER WEB SITE REFERENCED BY THIS WEB SITE.
LIMITATION OF LIABILITY
IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. SEQUENTUM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE WEB SITE. IN NO EVENT SHALL SEQUENTUM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF SEQUENTUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST SEQUENTUM FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD SEQUENTUM HARMLESS FROM, AND YOU COVENANT NOT TO SUE SEQUENTUM FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEB SITE. SOME COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SEQUENTUM AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
In exchange for accepting the benefits you receive by accessing this Web site, you agree to defend, indemnify, and hold harmless Sequentum, its officers, directors, employees, agents, and partners, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Web site, your violation of these Terms, or your violation of any laws, regulations, or third-party rights.
These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of choice of laws. Notwithstanding any requirement to arbitrate claims contained herein, the parties agree to submit to the personal jurisdiction of the courts located within New York County, New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Notwithstanding the provision with respect to applicable substantive law herein, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the Web site, these Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.