Website Terms of Use

Effective: July 2024

Nasuni Corporation and its affiliates (“Nasuni”) operates each website (the “Sites”) that links to these Terms of Use to provide online access to information about Nasuni and its products and services. These Terms of Use govern your access to and use of the Sites.

Please read these terms carefully before you start using the Site. By accessing or using the Site, you agree to these Terms of Use and agree to be bound by them. If you do not agree to these Terms of Use, do not access or use the Site.

Nasuni reserves the right to modify these Terms of Use at any time with or without prior notice. Your use of the Site following any such modification constitutes your agreement to these Terms of Use as modified.

The last date these Terms of Use were revised is set forth above.

Permitted Use of The Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Nasuni products and services, and solely in compliance with these Terms of Use.

Prohibited Use of The Site

By accessing the Site, you agree that you will not:Use the Site in violation of these Terms of Use;

• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;

• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;

• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Nasuni servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

• Use the Site in any manner that damages, disables, overburdens, or impairs any Nasuni website or interferes with any other party’s use and enjoyment of the Site;

• Mirror or frame the Site or any part of it on any other web site or web

• Attempt to gain unauthorized access to the Site;

• Access the Site by any means other than through the interface that is provided by Nasuni for use in accessing the Site; or

• Use the Site for any purpose or in any manner that is unlawful or prohibited by this

• Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

Copyrights and Trademarks

The Site is based upon proprietary Nasuni technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Nasuni or its licensors (as applicable). Nasuni owns and retains all copyrights in the Content. Except as specifically permitted on the Site, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means.

Nasuni, the Nasuni logo, and other trademarks and service marks used on the Site are the property of Nasuni or, in the case of third-party marks, their respective owners, and your use of the Site grants you no license to use such marks. Nasuni may use and incorporate into the Site or any of its products or service any suggestions or other feedback you provide, without payment or condition.

Links to Third-Party Web Sites

Links on the Site to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Nasuni of the third party, the third-party web site, or the information on the third-party website. Nasuni is not responsible for the availability of any such web sites. Nasuni is not responsible or liable for any such web sites or the content thereon.

Downloading Files

Nasuni does not guarantee or warrant that files available for download through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimers; Limitations of Liability

NASUNI AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, IMAGES, GRAPHICS AND OTHER CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NASUNI AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NASUNI BY ANY MEANS SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND NASUNI MAKES NO WARRANTY THAT ALL ERRORS OR INACCURACIES WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NASUNI AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF NASUNI OR ANY OF ITS SERVCIE PROVIDERS, LICENSORS AND SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, NASUNI IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF NASUNI AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Nasuni, its joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

Privacy

Your use of the Site is subject to Nasuni’s Privacy Policy, available at https://www.nasuni.com/legal/privacy/ which is incorporated herein by reference. By accessing or using the Site, you agree to be bound by such Privacy Policy.

Nasuni Solutions Terms

If you purchase or license any Nasuni solutions, your use of, and our respective rights and obligations with respect to, such Nasuni software, products and services is governed by the Nasuni Master Subscription and Services Agreement, or other agreement signed by you and Nasuni.

General Provisions

The Site is available to users 18 years of age and older. By accessing or using the Site, you warrant and represent that you have full power and authority to enter into these Terms of Use and that you are of a legal age to form a binding contract with Nasuni.
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to its subject. No waiver by Nasuni of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Nasuni reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Nasuni does not guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and any and all disputes relating to these Terms of Use, Nasuni’s Privacy Policy, your use of the Site, any other Nasuni web site or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Boston, Massachusetts in the event of any dispute of any kind arising from or relating to these Terms of Use, Nasuni’s Privacy Policy, your use of the Site, any other Nasuni web site or the Content.