These terms (“Terms”) are a legal agreement between you and RedSeal, Inc. and its affiliates (“Company”). The Terms control your use and access to Company’s websites and online information (the “Sites” or “Site”). By using Company’s Sites, you agree to these Terms. Company may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.
License Disclaimer and Use Restrictions
Nothing on any Company Site gives you any license under any Company or third-party intellectual property rights. All intellectual property rights in this Site belong to Company or other parties that licensed their material to Company. Subject to these Terms, Company grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Company Content”). This limited license is only for your personal, noncommercial use. You must keep Company’s proprietary notices on any copies you make of Company Content. Unauthorized use of Company Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to Company for your unauthorized use of Company Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Company Content in your possession or control. Other than as stated above, you must not:
- Change, alter, copy, distribute, republish, download, display, post, or send the Company Content in any form or by any means without Company’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific Company Content;
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open-sourced components included with the software);
- Use the Site or Company Content for any purpose that is unlawful or prohibited by these Terms;
- Use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
- “Mirror” or “frame” any Company Content on any other device without Company’s written permission;
- Use the Company Content to benchmark any Company Content against any other person’s or entity’s products, services or information; or
- Use the Company or Company Conference Logo or any other Company trademark as a “hot” link to any part of the Site unless Company approves that use in writing. Trademark Policy
Copyright law protects all Company Content.
The copyright in all material provided on this Site is held by Company or by the original creator of the material. Except as stated herein, none of the material may be copied. reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Company or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Company’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your work has been copied in any way without your permission, please provide the following information to our agent to receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
- A description of the copyrighted work or other work that you claim has been infringed
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories
- Your address, telephone number, and email address
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
RedSeal, Inc. c/o Symphony Technology Group
1300 El Camino Real, Suite 300
Menlo Park, CA 94025
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
- Protecting any account and password information applicable to your use of the Site;
- Restricting the use and access to your computer, smartphone, or other device used to access the Site; and
- Any activity that occurs under your account due to your failure to protect such information.
When you use the Site, you are communicating with Company. You agree to receive electronic communications related to your use of the Site. Company may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. Company may provide notices to you via email or by posts on the Site, and those notices are effective on the date that Company sends or posts them.
All Company Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.
Site User Representations
You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all data of any kind, instructions and information you enter into the Site related to the Services will be accurate and complete; (c) you will verify and remain solely responsible for all instructions and information entered into the Site related to the services; (d) you will not upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; and (e) you will not decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site.
The security of information transmitted through the Internet can never be guaranteed. Company is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You are responsible for maintaining the security of any password, email or other form of authentication involved in obtaining access to password protected or secure areas of Company’s Sites. In order to protect you and your data, Company may retain a copy of your data, and suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
Consent to Use of Data
You agree that Company may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the software. Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Users may only use the Company Sites for their intended purpose. Users must not use the Company Sites for any unlawful purposes.
Users must not use the Company Sites to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Company Sites or other Company customers; or (c) that may expose Company to criminal or civil liability.
Users must not use the Company Sites to transmit, distribute or store material that is inappropriate, as reasonably determined by Company, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), or otherwise objectionable. To be absolutely clear, Users must not store (either permanently or temporarily), process or transmit through any of the Company Sites pornographic content of any kind.
If Users become aware of any such use by anyone, you agree to notify Company.
Intellectual Property Rights
Material accessible through or contained within the Company Sites may be subject to protection under privacy, data protection or confidentiality laws and may contain intellectual property rights owned by Company or third parties. The intellectual property may include, but is not limited to, copyright, patents, trademarks, trade names, trade secrets or other proprietary information. Users must not use the Company Sites in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any of these rights or laws. Users are responsible for ensuring that they have all necessary rights and licenses for all content that they place on the Company Sites. Users must fully indemnify Company with respect to any claims by third parties brought against Company based on an allegation that User failed to comply with its obligations under this paragraph.
Malicious Content and Conduct
Users must not use the Company Sites to transmit, distribute, or store material that may be harmful to or interfere with the Company websites or any third party’s networks, systems, services, or web sites. Malicious content includes, but is not limited to, viruses, worms, and Trojan horses.
Users must not use the Company Sites to conduct activities that may be harmful to or interfere with the Company Sites or any third party’s networks, systems, services, or web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Company Sites or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information-gathering activity. Inappropriate activity may result in civil or criminal liability. Company may investigate such activity and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
Fraudulent and Misleading Content
Users must not use the Company Sites to transmit or distribute material containing fraudulent offers for goods or services, or any advertising, or promotional, or other materials that contain false, deceptive, or misleading statements, claims, or representations, or which does not comply with any applicable advertising laws or standard business practice. Users must not use the Company Sites to mask their true identity or to pretend to be someone or something that they are not.
Collecting Personal Information
Users acknowledge and agree that you are not permitted to use any personally identifiable information or personal data and you agree not to copy, transfer or distribute any personally identifiable information other than in compliance with all laws and as permitted in connection with the services.
Email and Unsolicited Messages
Users must not use the Company Sites to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email (“spam”), or emails intended to harass or annoy others. Further, Users must not use the service of another provider to send spam to promote a website hosted on or connected to the Company Sites.
Responsibility for Content
Company has no responsibility for any User-provided content or content that User may access on or through the Company Sites. Company is not obligated to monitor or exercise editorial control over that content. If Company becomes aware that any content may violate the Terms, expose Company to civil or criminal liability, or both, then Company may block access to that content and suspend or terminate provision of the Company Sites to any User creating, storing or disseminating such material. Company may also cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.
Suspension and Termination
If Company determines that any User has violated any portion of the Terms, Company may terminate the Users use of the Site. Company will suspend service for violation of the Terms on the most limited basis as Company determines is reasonably practical under the circumstances to address the underlying violation. Company will attempt to notify user prior to suspending service for violation of the Terms (which may be via email or any other notification). However, Company may suspend service without notice if Company becomes aware of a violation of the Terms or any applicable law or regulation that exposes Company to criminal or civil liability, or that exposes Company or any third party property to harm. Harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists. Company may take any further action as Company deems appropriate under the circumstances to eliminate or preclude repeat violations. Company is not liable for any type of damages that Users or third parties may suffer resulting in whole or in part from Company’s exercise of its rights under the Terms. This exclusion of liability does not include Company’s liability for death or personal injury caused by its negligence, or any other liability that Company cannot exclude or limit by law.
You agree that you take full responsibility for your use of the Site. Company provides the Site and all Company Content on an “as is” and “as available” basis. Specifically, Company:
Makes no representation or warranty of any kind;
Disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
Does not guarantee that the Site and Company Content will be free of errors or defects.
Is not providing legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
Limitation of Liability
Company is not liable under any legal theories (including negligence) for any type of damages, even if Company knew of the possibility of such damages. Company is not liable for loss of data or profits arising from your use or inability to use the Site or the Company Content. If your use of the Company Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.
You agree to indemnify, defend, and hold Company and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.
- These Terms do not create any legal relationship between you and Company.
- Company’s failure to enforce a right does not mean that Company has waived that right.
- If a court or other tribunal finds any provision of these Terms unenforceable, Company will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
- Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
- Company may assign its rights under these Terms, but you may not do so.
- These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between Company and you about your use of this Site.
- Headings are for reference only.
- These Terms supersede any prior agreements with Company about using this Site and its content.
- Company’s direct and indirect subsidiaries are third party beneficiaries of these Terms.
Governing Law; Dispute Resolution
You agree that the laws of the State of California will govern any claim or dispute relating to these Terms, the Site, Company Content, your access to and use of the Site, or any combination of these items (the “Dispute“), without regard to California conflicts of laws principles. Before you or Company file any lawsuit regarding a Dispute, you and Company will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Company will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.
Company owns this Site. If you have a question about Company’s collection or use of personal information, please contact us at or write to us at:
RedSeal, Inc. c/o Symphony Technology Group
1300 El Camino Real, Suite 300
Menlo Park, CA 94025
California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective Date: March 30, 2023
©2023 RedSeal, Inc. or its affiliates. All rights reserved. RedSeal and other trademarks are trademarks of RedSeal, Inc. or its affiliates. Other trademarks may be trademarks of their respective owners.