Security & Access
- User ID; Password. Company has provided SPH with a list of individuals whom it has authorized to access and use the Solutions on Company’s behalf (those individuals are “Authorized Individuals”). Each Authorized Individual has a unique identifier (“User ID”) and a password (such item, even if changed by the Authorized Individual, is the “Password”). By accessing the Solutions, you represent that you are an Authorized Individual at the time you access the Solutions.
- Security of User ID and Password.You must keep your User ID and Password strictly confidential and you must take precautions to ensure that your User ID and Password are safe and secure. You cannot share your User ID or password with any other person, and you cannot permit any other person to use your User ID or Password, even if that person is in your organization. Both you and the Company are responsible for any unauthorized use of your User ID and password where you do not comply with this paragraph.
Description of the Solutions; Ownership; Privacy
User Obligations; Prohibited Actions.
- You must only access and use the Solutions for Company’s internal business purposes as permitted by the Company. You must not access or use the Solutions for any other purpose. You are responsible and liable for all use of the Solutions through your User ID and Password.
- You are responsible for the accuracy of all information and data that you submit through the Solutions. You must submit the information and data in the format required by SPH. Information and data that is not in the correct format may be rejected by the Solutions, and SPH has no liability for such rejection.
- You must not submit any information or data to the Solutions that infringes on or misappropriates the intellectual property or other proprietary information or data of any individual or entity. Intellectual property and proprietary information or data includes a person or entity’s trade secrets and confidential information.
- You must not use, or permit the use of, the Solutions to defame any individual or entity, to invade any individual’s or entity’s privacy, or to otherwise violate any rights of any individual or entity. You must not use the Solutions to violate any laws.
- You must not take or permit any action which could disable or circumvent, or allow the disabling or circumventing of, the security features of Solutions.
- You must not, in whole or in part: (i) copy, maintain, rent, license or lease the Solutions; (ii) reverse-engineer, decompile, disassemble or otherwise make any attempt to access the source code of the Solutions; or (iii) alter, merge, adapt, modify, enhance or create derivative works based upon the Solutions.
- You must not introduce or cause to be introduced into the Solutions any worm, Trojan, time bomb or other harmful or destructive code which is designed to or capable of unauthorized access to or intrusion upon, disabling, deactivating, deleting or otherwise damaging or interfering with any system, equipment, software, data or the Solutions.
- You must not remove any trademarks, copyright notices or other proprietary notices, legends, symbols or labels of SPH or any third party that may be found in or on the Solutions.
- You must cooperate as reasonably requested by SPH in connection with your access and use of the Solutions.
YOUR UNAUTHORIZED OR UNAPPROVED USE OF THE SOLUTIONS OR THE WEBSITE MAY CONSTITUTE COPYRIGHT INFRINGEMENT AND SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK AND OTHER LAWS AND TREATIES.
Termination of Rights
Disclaimer of Warranties; As-Is
THE SOLUTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING: (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; AND (III) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER IN TORT, CONTRACT OR OTHERWISE. SPH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOLUTIONS WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOLUTIONS WILL BE CORRECTED. The Website and/or the Solutions may be inaccessible or inoperable from time to time due to equipment malfunction, periodic maintenance or repair, issues with the Internet generally, and other causes beyond the control of SPH or which cannot reasonably be foreseen, and SPH undertakes no liability in such events. Furthermore, SPH does not warrant or make any representations regarding the use or the results of the use of the Solutions in terms of their correctness, accuracy, reliability or otherwise.
Limitation of Liability
Some jurisdictions may not allow the above exclusions of implied warranties and limitations on liability. In that case, some of the above exclusions may not apply to you.
At any time that you no longer want to access or use the Solutions, you must cease using your User ID and Password.
Effective Date: © 2019 SPH Symphony Performance Health, Inc.