Legal

TERMS OF USE

Cazena.com Terms of Use

Thank you for visiting www.cazena.com (the “Site”) and learning more about our big data managed cloud service (the “Service”). Your use and access of the Site is governed by and subject to the following terms of use (“Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy, which is available at http://cazena.com/privacy-policy, please do not use the Site. For the purposes of these Terms, we refer to ourselves as “Cazena” throughout. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

1. Your Use of the Site and the Service—Subject to these Terms and our Privacy Policy, you are granted a limited license to use Site to learn about and potentially access the Service and to copy, display, and use the functionality, materials, features, and services provided by the Site solely for your personal, non-commercial use. If you use the Service, you acknowledge and agree that your access to and use of the Service will be subject to the terms and conditions of Cazena’s Master Subscription Agreement (“MSA”). In the event of a conflict between these Terms and the MSA, the MSA will prevail.

2. Restrictions on Use— No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or posting of Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in these Terms is strictly prohibited. You shall not, without Cazena’s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Cazena in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, (f) use the Site, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Cazena, the Owner, or any third party referenced therein, (g) use the Materials, and/or any services and products on the Site or accessible via the Site for unlawful purposes only; or (h) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

3. Intellectual Property Ownership—All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Materials”) are owned by Cazena and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Cazena and you, all right, title and interest in and to the Materials will at all times remain with Cazena and/or its Owners. The words “Cazena” and the “Cazena” logos, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Cazena. Cazena reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Cazena’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Cazena may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP address, at any time without prior notice.

4. Applicable Law

These Terms will be governed by the laws of the Commonwealth of Massachusetts. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CAZENA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

5. Submitted Ideas—While Cazena appreciates your interest in Cazena and the Site, Cazena does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personal information (as expressly provided for in the Privacy Policy all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary. Further, you understand and acknowledge that Cazena employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Cazena is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Cazena assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, Cazena shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

6. Links—The Site may contain links allowing you to leave the Site for other sites that are not under our control (“Linked Site”). Cazena provides the Linked Site to you only as a convenience and does not endorse any Linked Site. Cazena is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Site contains no errors or viruses. Cazena is not responsible for the terms of use or privacy practices of the Linked Site or any link contained in the Linked Site. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Cazena encourages you to carefully read the policies of each site you visit.

7. Cazena Online Privacy Policy—Cazena takes your privacy very seriously. Cazena’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personal information that may be provided in connection with the use of the Site. Please read and understand our Privacy Policy before accessing or using the Site.

8. Digital Millennium Copyright Act— Cazena respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Site is dmca@Cazena.com.

9. Disclaimers—Without limiting the foregoing, the Materials and the Site, is provided “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Site and/or Materials, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Cazena hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Cazena, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Cazena does not make any warranties that the Site will be uninterrupted, secure or error free or that your use of the Site will meet your expectations, or that the Site, Materials, or any portion thereof, is correct, accurate, or reliable. Cazena reserves the right to change any part of the Site at any time without notice.

10. Limitation of Liability—Your use of the Site is at your own risk. Neither Cazena, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Site or arising out of any action taken in response to or as a result of any Materials or other information available on the Site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if you were advised of the possibility of such damages. If you become dissatisfied in any way with the Site, or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Site. You hereby waive any and all claims against Cazena and its affiliates, agents, representatives and licensors arising out of your use of the Site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Cazena and its affiliates shall not exceed fifty dollars ($50.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

11. Ability to Accept Terms of Use—You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with these Terms.

12. Notice— From time to time, Cazena may revise these Terms. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised policy. Cazena strongly recommends checking Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to these Terms as in effect.

13. Assignment—These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cazena without restriction.

14. Miscellaneous—Cazena’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Date of last revision: July 6, 2015