Website Terms of Use

1. Acceptance of the Terms of Use

 

The following terms and conditions, together with any referenced documents (collectively, "Terms of Use") are a legal agreement between you and your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, "you" and "your"), and Service Management Integrations Limited, (collectively "Service Management Integrations" "we," "us" and "our"). The Terms of Use apply to the Service Management Integrations Limited Website (as defined below).

 

IMPORTANT: THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN YOU AND US WHEN ACCEPTED BY YOU.   YOU ACCEPT THESE TERMS OF USE BY(1) ACCESSING OR USING THE WEBSITE, (2) INDICATING ACCEPTANCE OF THESE TERMS WHEN THEY ARE PRESENTED ONLINE, SUCH AS BY CHECKING A BOX CAPTIONED WITH ACCEPTANCE LANGUAGE OR CLICKING AN ICON BEARING AN "ACCEPT" OR SIMILAR LEGEND OR BY OTHERWISE ELECTRONICALLY SIGNING THIS AGREEMENT; OR (3) EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE.  THE INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS AUTHORITY TO REPRESENT THE ENTITY AND COMMIT FUNDS ON ITS BEHALF.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE. 

 

The term "Website" means Service Management Integrations public websites, including without limitation those found at the following URLs: www.smintegrations.com and www.itsmbridge.com. 

The Website provides several types of resources, including one or more of the following:  information, software, text, displays, images, video and audio recordings, (collectively, the "Website Content"); white papers, data-sheets and product documentation (collectively, "Documentation");   Your right to use of the Website, including Website Content and Documentation is subject to and conditioned on your acceptance of these Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Changes to the dispute resolution procedures set forth in the section titled Governing Law and Jurisdiction shall not apply to disputes for which the parties had actual notice as of the date the change was posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  When accepted by you, the revised Terms of Use automatically revoke any license or other rights that we granted to you under the prior version.

 

Personally identifiable information collected about you by this Website is treated in accordance with the privacy policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the privacy policy, you must exit the Website.

 

Access

We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Website.

 

2.      Use of the Website

Prohibited Uses

You agree not to access or use the Website in any manner:

  • That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
  • That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or Service Management Integrations Limited, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.
  • To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • To monitor or attempt to gain unauthorised access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorisation; (c) any system or network user accounts or passwords of other users, without authorisation; or (d) e-mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
  • That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Service Management Integrations Limited or a Service Management Integrations Limited employee; (b) to misrepresent your identity or affiliation with any person or organisation; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
  • To use, transmit or introduce: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) non-public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
  • For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of Service Management Integrations Limited, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To monitor or copy materials on the Website for any unauthorised purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
  • That may have a detrimental effect on the Website's function, user interaction or security, including but not limited to: (a) gaining unauthorised access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user's ability to access, use and enjoy the Website; (f) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (g) performing, without Service Management Integrations Limited express prior written authorisation, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website and (h) engaging in any activities that results in any server being the target of a denial of service attack.

 

Notification of Violation. 

If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you must immediately notify Service Management Integrations Limited via e-mail to info@smintegrations.com.

Service Management Integrations Limited Disclaimer.

We may, but are under no obligation to, monitor or censor comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third-party users and we disclaim any and all liability relating thereto.

Monitoring

Service Management Integrations Limited has the right but not the obligation to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website.

Without limiting the foregoing, Service Management Integrations Limited has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD SERVICE MANAGEMENT INTEGRATIONS LIMITED HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SERVICE MANAGEMENT INTEGRATIONS LIMITED DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SERVICE MANAGEMENT INTEGRATIONS LIMITED OR LAW ENFORCEMENT AUTHORITIES.

Service Management Integrations Limited can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

 

3.      Intellectual Property

Website

The Website in its entirety including the, Website Content and is owned by Service Management Integrations Limited or our licensors and is protected by United Kingdom and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Service Management Integration's products. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website Content without Service Management Integration's express prior written consent or except as expressly provided in these Terms of Use.

Trademarks

ITSM Bridge and all related, logos, product, designs and slogans are trademarks of Service Management Integrations Limited or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Documentation

The Documentation available on the Website is the copyrighted work of Service Management Integrations Limited. Subject to these Terms of Use, we grant you a limited, revocable, non-transferable, non-exclusive and non-sublicenseable license to make a reasonable number of copies of the Documentation for your internal business use in connection with your separately authorised use of Service Management Integration's Products. No right to sublicense or distribute the Documentation is granted herein.

Third Party Content

Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constituters neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Service Management Integrations Limited shall have no responsibility with regard to the selection, performance or use of such vendors or products. To the extent you access or use such software, all understandings, agreements or warranties, if any, shall be directly between the vendor and you.

Restrictions

No right, title or interest in or to the Website including Website Content is transferred to you.  

There are no implied licenses under these Terms of Use.  Service Management Integrations Limited reserves all rights not expressly granted to you herein.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4.      Linking

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorised framing or linking.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.

 

5.      CONFIDENTIALITY

During your use of the Website, you may download (from a restricted access page), or we may send you certain information in connection with Service Management Integration's products and services which shall be considered and referred to as "Confidential Information". 

Notwithstanding the foregoing, Confidential Information shall not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by us; (c) information that is independently developed by you without the use of any Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third-party software and/or documentation provided to you by us and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.

Unless otherwise expressly agreed or permitted in writing by Service Management Integrations Limited, you agree not to disclose, publish, or disseminate any Confidential Information to anyone. You agree not to use Confidential Information in any way, including, without limitation, for your own or any third party's benefit without the prior written approval of an authorised representative of Service Management Integrations Limited in each instance. You further agree to take reasonable precautions to prevent any unauthorised use, disclosure, publication, or dissemination of  Confidential Information. You acknowledge that unauthorised disclosure or use of Confidential Information could cause irreparable harm and significant injury to Service Management Integrations Limited that may be difficult to ascertain. Accordingly, you agree that we will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies we may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Confidential Information, you may make such disclosure, but only if you have notified us before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Confidential Information.

6.      COPYRIGHT INFRINGEMENT

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting notification by email to info@smintegrations.com

7.      access FROM NON-UK TERRITORIES

The owner of the Website is based in the United Kingdom. The Website can be accessed from countries around the world.  Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Access to the Website from territories where the Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with UK and all applicable export and related statutes and regulations.

8.      DISCLAIMER OF WARRANTIES

Service Management Integrations Limited cannot and does not promise or warrant that any aspect of the Website, including the Documentation, Software or any other Website Content is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  SERVICE MANAGEMENT INTEGRATIONS LIMITED WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

AS BETWEEN YOU AND SERVICE MANAGEMENT INTEGRATIONS LIMITED, YOUR USE OF THE WEBSITE, DOCUMENTATION AND ANY OTHER WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING THE WEBSITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED TO YOU BY SERVICE MANAGEMENT INTEGRATIONS LIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SERVICE MANAGEMENT INTEGRATIONS LIMITED NOR ANY PERSON ASSOCIATED WITH SERVICE MANAGEMENT INTEGRATIONS LIMITED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SERVICE MANAGEMENT INTEGRATIONS LIMITED NOR ANYONE ASSOCIATED WITH SERVICE MANAGEMENT INTEGRATIONS LIMITED REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SERVICE MANAGEMENT INTEGRATIONS LIMITED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.      LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL SERVICE MANAGEMENT INTEGRATIONS LIMITED, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY COMMUNITY SERVICES, WEBSITE CONTENT OR SERVICES OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

10.      INDEMNIFICATION

To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website's content, unpaid tax liability, services and products other than as expressly authorised in these Terms of Use or your use of any information obtained from the Website. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.  You may not settle any claims without our prior written consent (which will not be unreasonably withheld). You shall have no obligation to indemnify Service Management Integrations Limited against a claim to the extent that a claim is based on the alleged infringement of intellectual property rights by Service Management Integrations Limited Products.

11.      EXPORT RESTRICTIONS

You may not access, download, use or export materials posted to the Website in violation of U.K. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United Kingdom or foreign agency or authority.

12.      WAIVER AND SEVERABILITY

No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13.      TERmination

Service Management Integrations Limited may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate.  Notwithstanding the termination of these Terms of Use for any reason, Sections 3 and Sections 5-15 inclusive herein shall survive.

14.      Governing Law and jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England (without reference to its conflict of laws principles) and you agree to submit to the exclusive jurisdiction of the English courts.

15.      ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  

 

© Service Management Integrations Limited. All rights reserved.