Last Modified: November 9, 2022
Please read these Terms carefully before accessing or using the Services. By accessing or using any portion of the Services, you agree that you have read, understood, and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein. Any changes to these Terms will be posted on the Website, and your continued use of the Services means you have accepted these changes.
The Services are offered and available to users who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Becoming a User.
Company Services. The Services allow you to integrate and create actions or commands between various third party applications and services (“Third Party Services”). To connect Third Party Services, you must have an account with each Third Party Service you integrate, and the Services will require you to authenticate with each such Third Party Service. We will store the login credentials for each Third Party Service with which you authenticate to allow us to continue to provide the Services. When you enable the Services, each Third Party Service you integrate will provide us with access to the information you provided to such Third Party Service. When you integrate a Third Party Service, we will collect the information that is necessary to enable access to such Third Party Service and any data or content contained within such Third Party Service that is required to affect the desired action or command. Each Third Party Service will share information with us, and we will share information between Third Party Services.
Third Party Services. The Services contain links to and integrations with Third Party Services, and you agree that the Company provides such links and integrations solely as a convenience and has no responsibility for the content or availability of any such Third Party Services, and that the Company does not endorse any such Third Party Services (or any products or other services associated therewith). Access to and use of any Third Party Services linked to the Services is at your own risk, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such Third Party Services. Your use of any such Third Party Service will be subject to the terms applicable to such Third Party Service. We disclaim any and all liability or damage which may arise from the practices, actions, or omissions of any Third Party Service that you integrate.
Terms that Apply to your Data.
Use of the Services. You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Services; (ii) introduce into the Services any code intended to disrupt the Services; (iii) alter or delete any information, data, text, links, images, video, audio, software, chat, communications and other content available through the Services (collectively, “Content”); (iv) access the Services by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from the Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Services for any reason; (vii) rent, sell or sublicense any of the Services; (viii) provide any unauthorized third party with access to the Services; (ix) access confidential Content through the Services; (x) interfere with the operation of the Services, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Services that is disparaging to the Company or its agents, is defamatory, obscene or otherwise unlawful, or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Services; (xiii) engage in any activity that does not comply with applicable law and regulation or otherwise engage in any illegal, manipulative or misleading activity through the use of the Services; or (xiv) otherwise use the Services outside of the scope of the rights expressly granted herein.
LIMITED WARRANTY AND DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED, OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE OF ANY USER CONTENT, INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON THE SERVICES. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS PERSONNEL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, RELATING TO THE SERVICES OR THESE TERMS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S AND ITS PERSONNEL’S MAXIMUM AGGREGATE LIABILITY RELATING TO THE SERVICES AND THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE PRECEDING LIMITATIONS SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT, OR EQUITY.
Indemnity. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the Services; and (iii) User Content.
Termination or Suspension. These Terms will remain in effect until terminated by either you or the Company.
The Company may terminate these Terms and your use of or access to the Services at any time, for any reason or no reason. Any violation of these Terms may result in the termination of your User Account (if registered with the Company) and the loss of your ability to use or access the Services. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change, or limit access to all or any part of the Services or any functionality, feature or other component of any Services. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or termination of the Services or your access to any of the Services.
If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease your use of the Services.
Dispute Resolution. You and the Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to, these Terms, any of the Services, the Company’s business, or the Company’s relationship with you, including any claims that may arise after the termination of these Terms. This agreement to arbitrate includes any claims against the Company’s employees, agents, or affiliates. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability, or validity of these Terms) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (the “Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the provision of these Terms. The arbitration shall be conducted in English and the seat and venue of the arbitration shall be New York, NY.
CLASS ACTION WAIVER: YOU AND THE COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor the Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
These Terms shall be governed by the laws of the State of New York, without regard to its conflicts of laws provisions. Any dispute between you and the Company, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in this Section 14, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case the Company may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, the Company is able to offer the Services at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these Terms.