Terms of Use
Introduction
Acceptance of the Terms of Service
These terms of service are entered into by and between you, either on behalf of yourself or the legal entity you represent that is registering for the Services, and Secentric, Inc., a Delaware corporation (“Secentric,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service” or the “Agreement”), govern your access to and use of www.secentric.com, and all sub domains now existing or created in the future, (collectively, the “Website”), any content, forms, or templates (collectively, the “Content”), and all functionality and services offered on or through the Website (collectively, the “Services”), whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you (i) accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Policy, incorporated herein by reference, (ii)represent and warrant that you are at least 18 years of age and you are legally able to enter into a contract, and (iii) if you are agreeing to this Terms of Service on behalf of a corporation, governmental institution, or other legal entity, you represent and warrant that you have the right, power, and authority to enter into this Agreement on behalf of such entity. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.
The Content and Services is offered and available to users who are 18 years of age or older. By using this Website or the Content or Services, you represent and warrant that you are of legal age to form a binding contract with Secentric and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website, Content, or Services.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website, Content, or Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1. Secentric Services and Right to Access
1.1 Subject to your compliance with this Agreement, including payment of applicable fees, and during the Term of this Agreement, Secentric grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable right to access, use, and permit Authorized Users (if applicable) to access the features and functions of the Services, a proprietary software-as-a-service platform, via a web browser solely for your internal business purposes. “Authorized Users” means employees, contractors, agents, or other individuals authorized by you to access the Services pursuant to the terms and conditions of this Agreement. Notwithstanding anything to the contrary, no license of intellectual property or software is granted (whether expressly or by implication) under this Agreement.
1.2 If applicable, you may permit Authorized Users to access the features and functionality of the Services. As between the customer if an entity, and any Authorized Users, the customer is responsible for the acts and omissions of the Authorized Users. You agree to promptly notify Secentric upon knowledge of any unauthorized access to the Services.
1.3 We may agree to a separate statement of work for the development of any custom documents or content or other professional services.
1.4 We reserve the right to withdraw or amend this Website, the Content, or the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
2. Accessing Your Account and Account Security
2.1 To access the Services, or some of the Content or other resources offered on the Website, you will be asked to provide certain registration details or other information and will create an account with Secentric. It is a condition of your use of the Website, Services, and Content that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to,through the use of any interactive features on the Website, is governed by this Terms of Service and our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.2 Upon registration for the Services, you will be provided a username and password. You must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
2.3 We have the right to disable any username, password or other identifier , whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
3. Subscription Term for Services and Renewal; Termination
3.1 The term of your right to use the Services commences on the date you accept this Terms of Service and continues for a period of one (1) year (the “Initial Term”), at which point it will automatically renew for subsequent one (1) year periods (collectively, the “Term”) unless you provide us with notice of non-renewal at least thirty (30) days prior to the end of the applicable annual subscription term.
3.2 You may terminate this Agreement at any time by providing written notice to Secentric at support@secentric.com. Notwithstanding cancellation under this section, you agree and acknowledge that all fees are non-refundable, including annual prepaid subscription agreements, and you will not be entitled to any refunds upon early cancellation of this Agreement.
3.3 We may terminate this Agreement without cause at any time. Additionally, we may downgrade, terminate, or suspend your access to the Services or the Content without prior notice based on our belief that you have violated any of the terms and conditions in this Terms of Use or upon nonpayment of any fees owed to Secentric.
3.4 Upon termination of this Agreement, we may retain your account information, including without limitation all data you provide to us through the Services (your “Data”), and all application log data and metadata generated by your use of the Services. You may request that we purge your Data within 90 days following termination of this Agreement, or otherwise as permissible by applicable law, by submitting written notice to support@secentric.com. Upon receipt of such notice, we will purge your Data, using commercially standard methodologies; provided that we may retain any Data if authorized by applicable law or otherwise in our backup files. If you elect to purge your Data, you will no longer be able to re-activate your account with Secentric.
3.5 Your payment obligations will survive any termination of this Agreement.
4 Fees and Payment Terms
4.1 You shall pay the applicable annual subscription fee for the Services, and Content selected by you on our Website, in addition to any other fees for additional services or content selected by you and agreed upon by you and Secentric (the “Fees”). ALL FEES ARE NON-REFUNDABLE.
4.2 During the registration process, you will be required to provide your payment information to our third party designated payment processor, which is currently Stripe, and you hereby expressly agree and consent that we may transfer and provide your Data to Stripe as required to assist in configuring your payment method. You acknowledge that if your payment information cannot be successfully charged, you will be required to update your payment information and will not have access to the Services and purchased Content until such fee has been successfully charged to the provided payment information.
4.3 All fees charged are exclusive of any taxes or duties imposed by governing authorities, including without limitation sales, use, excise, and other taxes and fees.
4.4 You must notify us in writing of any dispute or disagreement with charges within thirty (30) days after the date of the charge. Absent such notice, you will be deemed to have agreed to the charges after the expiration of such 30-day period.
4.5 Secentric may at any time increase our Fees or institute new charges or fees at any time. If you do not agree to any such increases or fee changes, then you may cancel your subscription to the Services as set forth above.
5. Intellectual Property Rights; Data
5.1 Content. We grant you a limited, revocable, non-exclusive, non-transferable, worldwide right to download, view, copy, and print the Content that you have purchased in accordance with this Terms of Service, solely for your business purposes and to access, use, and edit such Content solely for your required business use; provided that you have paid all outstanding Fees due for your access to the Services and such Content. Additionally, you may share such purchased Content with third party regulators and customers in the ordinary course of your business. You may not: (i) license, sublicense, sell, resell, transfer, assign, or distribute for commercial purposes the forms or Content made available to you following your purchase, or (ii) modify, reproduce reverse engineer, or make derivative works based on, referring to, or exploiting the Content except for modifications to the Content for your business use in the ordinary course. For the avoidance of doubt, by ordering or downloading Content, you agree that the Content you purchase or download may only be used by you for your business use and may not be sold or redistributed.
5.2 Website. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Secentric, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Secentric. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
5.3 Services. You acknowledge that Secentric owns all rights, title, and interest in and to the Services and the underlying software, including without limitation all intellectual property rights, and such rights are protected by U.S. intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. Secentric reserves all rights not expressly granted to you in this Agreement
5.4 Data.You retain all right, title, and interest to any and all Data provided to us, input or uploaded to our Services by you or by us on your behalf. You represent and warrant to Secentric that you have all rights, title, and interest in such Data provided to us or that you have all necessary authorizations and consents necessary or required by applicable law to provide such Data to us. You acknowledge that Secentric may utilize data captures tools to compile and analyze certain transactional and performance data in the Services. You agree that Secentric owns all rights, title, and interest to such transactional and performance data related to your use of the Services and that we may use and disclose such transactional and performance data, provided that such data is de-identified and aggregated.
5.5 Security of Data. We shall maintain appropriate administrative, physical, and technical safeguards designed to protect and secure your Data. We shall not disclose your Data except as required by applicable law or permitted by your or access or store your Data except in accordance with our Privacy Policy or to provide the Services, prevent or address technical issues, or in connection with customer support.
6. Content Disclaimer
WE DO NOT GUARANTEE OR WARRANT THAT ANY FORM OR CONTENT PROVIDED VIA OUR WEBSITE IS SUITABLE FOR ANY PURPOSE AND SUCH FORMS OR CONTENT DO NOT REPLACE THE PROFESSIONAL JUDGEMENT AND SERVICES OF A SECURITY PROFESSIONAL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, OUR CONTENT AND SERVICES, INCLUDING ANY FORMS AND TEMPLATES, IS “AS IS” AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE THAT ALL INFORMATION ON THE WEBSITE OR IN THE CONTENT IS ACCURATE AND CURRENT DUE TO THE FREQUENTLY CHANGING LANDSCAPE OF REGULATORY REQUIREMENTS AND SECURITY STANDARDS. YOU FURTHER ACKNOWLEDGE THAT WE EXERCISE NO CONTROL OVER HOW YOU OR YOUR INSTITUTION UTILIZES OUR SERVICES AND CONTENT. ACCORDINGLY, SECENTRIC DISCLAIMS ALL LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF YOUR DECISIONS RELATED TO THE SERVICES AND THE CONTENT.
7. Prohibited Uses
You may use the Website, Services, and Content only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website, Services, or Content:
7.1 In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
7.2 For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
7.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
7.4 To impersonate or attempt to impersonate Secentric, a Secentric employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
7.5 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Secentric or users of the Website, or expose them to liability.
Additionally, you agree not to:
7.6 Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
7.7 Use any robot, spider or other automatic device, process or means to access the Website or any Content for any purpose, including monitoring or copying any of the material or Content on the Website.
7.8 Circumvent website functionality to monitor or copy any of the material or Content made available on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
7.9 Use any device, software or routine that interferes with the proper working of the Website.
7.10 Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
7.11 Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
7.12 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
7.13 Otherwise attempt to interfere with the proper working of the Website.
8. User Contributions
8.1 The Website may contain message boards, personal profiles, forums, bulletin boards,and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
8.2 Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
8.3 You represent and warrant that your User Contributions do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Secentric, have ful responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8.4 We have the right to:
8.4.1 Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
8.4.2 Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Secentric.
8.4.3 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
8.4.4 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
8.4.5 Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation,any violation of these Terms of Service.
8.5 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SECENTRIC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SECENTRIC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SECENTRIC OR LAW ENFORCEMENT AUTHORITIES.
8.6 However, we do not undertake to review all material before it is posted on the Websiteand cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our DMCA NOTICE for instructions on sending us a notice of copyright infringement. It is the policy of Secentric to terminate the user accounts of repeat infringers.
10. Reliance on Information Posted
9.1 The information presented on or through the Website and Services, including without limitation the Content, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials, including without limitation the Content, by you or any other visitor to the Website, Authorized User of the Services, or by anyone who may be informed of any of its contents.
9.2 This Website and the Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Secentric, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Secentric. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Visits to the Website
All information we collect on this Website and through the Services is subject to our Privacy Policy . By using the Website and/or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. Linking to the Website and Social Media Features
You may link to our Website, 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.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
14. Third-Party Links
If the Website or the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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 or the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Confidentiality.
16.1 During the Term hereof, you may have access to certain non-public confidential information of ours (the “Confidential Information”,). In the event you receive our Confidential Information, you agree not to disclose the Confidential Information and to use commercially reasonable efforts to protect the confidentiality of our Confidential Information. These obligations will not apply to information that becomes publicly available through no fault of the recipient, is already in your possession, or is required to be disclosed to comply with a court or governmental order; provided that you give prompt notice to Secentric of such court or governmental order.
16.2 You acknowledge that any breach of your obligations hereunder may cause us irreparable harm for which monetary damages would not be an adequate remedy and agree that in the event of your breach, we are entitled to seek equitable relief without any requirement to post a bond or security. Such remedies are not exclusive and are in addition to all other remedies available at law or in equity.
17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet through the Website and Services will be 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. WE 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.
YOUR USE OF THE WEBSITE, THE CONTENT AND ANY FORMS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SECENTRIC NOR ANY PERSON ASSOCIATED WITH SECENTRIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SECENTRIC NOR ANYONE ASSOCIATED WITH SECENTRICREPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS 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.
SECENTRICHEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO WARRANTY IS MADE BY SECENTRIC ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSS OF DATA OR LOSS PROFITS ARISING OUT OF THIS AGREEMENT OR THE INABILITY TO USE THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SECENTRICAND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND AGENTS, WITH RESPECT TO THIS TERMS OF SERVICE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO SECENTRIC FOR THE APPLICABLE CONTENTAND SERVICESIN THE LASTTWELVE(12) MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify and hold harmless Secentric, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Service; (ii) your violation of applicable law, or (iii) your use of the Website, Services, or the Content, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
20. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Arbitration
At Secentric’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, Services, or Content, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
22. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX(6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Waiver and Severability
No waiver of by Secentric of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Secentric to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal 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 Service will continue in full force and effect.
24. Entire Agreement
The Terms of Serviceand our Privacy Policy constitute the sole and entire agreement between you and Secentricwith respect to the Website, the Services,and the Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, the Services, and the Content. If any term or provision of this Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
25. Your Comments and Concerns
This website is operated by:
Secentric, Inc.
481 N. Santa Cruz Ave, Suite 252
Los Gatos, CA 95030
All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA notice in the manner and by the means set forth therein. All other notices required under this Terms of Service shall be in writing and deemed to have been delivered when sent via email as directed herein or on the day of receipt of certified or registered mail.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to support@secentric.com.
Copyright 2023 Secentric, Inc.
All rights reserved.
