Banyan Software Holdings, LLC, Banyan Software US, LLC, Banyan Software, Inc. and Banyan Software Canada Inc. (“Banyan”) maintain a web site currently located at banyansoftware.com (the “Site”) which provides certain product information, data and other materials (the “Content”). The Site is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). By accessing or using the Site you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the Site.
Modifications to the Terms and Conditions
Banyan reserves the right to change these Terms and Conditions at any time and your continued access to or use of the Site after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.
The downloading of Content is done at your own risk. Banyan cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.
Disclaimer and Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. BANYAN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. BANYAN DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, BANYAN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL BANYAN BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT BANYAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.
Restrictions on Use of Site and Content
Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any de-compilation disassembly, reverse engineering or other exploitation of the Site, without Banyan’ prior written permission, is strictly prohibited. You agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, infringing of third party intellectual rights, or obscene Information of any kind; (iii) post or send to the Site any Information that contains a virus, bug, or other harmful item; (iv) take any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (vii) redeliver any of the Content using “framing”, hyperlinks, or other technology without Banyan’ express written permission; or; (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site. You agree that you will not use the Site for any purpose that is unlawful.
As between you and Banyan, all Content displayed on the Site or in the Content are owned by Banyan and are protected by copyright, trade-mark and other applicable intellectual property rights.
Third Party Sites
The Site may provide links to third party web sites. Banyan does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Banyan’ control and if you choose to access any such web site, you do so entirely at your own risk.
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.
These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between Banyan and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Banyan with respect to the Site. Banyan’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
Intellectual Property Notice
© 2021 Banyan Software Canada Inc. All rights reserved.