Welcome to the Pliant.io, Inc. (“Pliant”) Web site (the “Website”). Please review the following notices, terms and conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these notices, terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Website.
GENERAL USE PROVISIONS
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Pliant or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Pliant and/or its Third Party Providers. 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 Pliant. Also, you may not “mirror” any Materials contained on this Website on any other server without Pliant’s prior express written permission.
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without Pliant’s prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules, and regulations. Except where expressly provided otherwise by Pliant, nothing on this Website shall be construed to confer any license offer for license or sale under any of Pliant or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See “How to Contact Us” below if you have any questions about obtaining such licenses. Further, all features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Pliant and as such, Pliant makes no warranty with respect to its contents. Pliant does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Pliant.
Pliant hereby grants you permission to display, copy, distribute and download Pliant s Materials on this Web site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the Materials are unmodified and any use is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded or printed Materials.
considered non-confidential and non-proprietary. Pliant and its respective affiliates and designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Pliant may, but is not obligated to, monitor or review any User Communications. Pliant will have no obligation to use, return, review, or respond to any User Communications. Pliant will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Pliant retains the right to remove any or all User Communications that includes any material Pliant deems inappropriate or unacceptable.
REGISTRATIONS AND PASSWORDS; CONDUCT
Pliant may or may not at times require you to have a password and provide registration details to access this Website or portions of this Website. If Pliant does require a password and registration details, it shall be a condition of use of this Website that all the details you provide are correct, current and complete. If Pliant believes that the details are not correct, current or complete, Pliant will have the right to refuse access to the Website, or any of its resources. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify Pliant immediately of any unauthorized use of your password(s). Pliant reserves the absolute right not to issue a password to any person or entity.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any
remedies that Pliant may have at law or in equity, if Pliant determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, Pliant may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. Pliant will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Pliant to disclose the identity of anyone posting such materials.
You may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Website (”Software”) is the copyrighted work of Pliant. Use of the Pliant is governed by the terms of the end user license agreement that accompanies or is included with the Software (”EULA”). An end user agrees to the EULA terms by installing,
copying, or using the Software. The Software is made available for downloading solely for use by end users according to the EULA. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or
redistribution of the Software not in accordance with the EULA is expressly prohibited by law and may result in severe civil and criminal penalties.
Except where expressly provided otherwise by Pliant, all comments, feedback, information or materials submitted to Pliant through or in association with this Website (”Submissions”) shall be considered non-confidential and Pliant property. By providing such Submissions to Pliant, you agree to assign to Pliant, at no
charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Pliant 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 Pliant, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
LINKS TO THIRD PARTY SITES
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Pliant or its respective affiliates or partners. Pliant does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a third party website, please understand that it is independent from Pliant and that Pliant does not have any control over the content on that website. A link to a non-Pliant website does not mean that Pliant endorses or accepts any responsibility for the content or use of such website. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither Pliant nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Pliant nor any of its respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the
results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms.
Pliant attempts to ensure that information on this Website is complete, accurate, and current. Despite Pliant’s efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. Pliant makes no representation as to the completeness, accuracy, or currency of any information on this Website. ALL SOFTWARE AND MATERIALS ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND PLIANT 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. PLIANT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE.
LIMITATION OF LIABILITY
Pliant does not assume any responsibility, and Pliant will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, your downloading of any information or materials from this Website or using any software or services made available on or through this Website. IN NO EVENT WILL PLIANT, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY NATURE, WHETHER DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, THE SERVICES,OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.
IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR SERVICES.
You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Website may include inaccuracies or typographical errors. Pliant and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Pliant may periodically make changes to the Website. Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Pliant has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Pliant.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web site may be copied or retransmitted unless expressly permitted by Pliant, the Pliant logo, and other Pliant product names referenced herein are trademarks of Pliant, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. Failure of a mark to appear on this Website does not mean that Pliant does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Pliant or such other owner.
HOW TO CONTACT US
1 Boston Place, Suite 2600, Boston, Massachusetts 02108