Accelergy
Terms of Use and Privacy Policy 
By using our Web site (“Site”), you consent to these Terms of
Use and Privacy Policy (together these “Terms”) and the collection
and use of your information by Accelergy Corporation (“Accelergy”)
as set forth in Accelergy’s then current Terms. If we decide to
change our Terms, such changes will be posted here on the Site,
so please check back periodically to ensure you have the most
current version.
Your right to privacy is very important to Accelergy. We recognize
that when you choose to provide us with information about yourself
or your company, that you trust us to act in a responsible manner.
We believe this information should be used to help us provide
you with better service. That's why we have put a policy in
place to protect your information.
What information do we collect?
Accelergy may use your information for marketing purposes on its
own behalf or on behalf of its affiliates, however, except as
provided in this privacy policy, we will not provide your personally
identifiable information to other companies or individuals without
your permission.
In connection with some services provided on our site, we will
ask you to provide information. We do this to be able to better
understand and respond to your needs, and provide you with services
or in connection with sales. Some examples of information our
Site collects are name, address, company name, email address,
and phone number.
If you post a message to a feedback site or send an e-mail to
us or otherwise contact us we may keep a record of that posting
or correspondence.
Our site is not intended or designed to attract children under
the age of 18. We do not collect personal information from any
person we know to be under the age of 18.
Cookies
Accelergy may use cookies to store and track information about
you. A cookie is a small amount of data that is sent to your browser
from a web server and stored on your computer’s hard drive. Cookies
enable us to provide you with a better experience by allowing
us to understand what areas of the Site are of interest to our
visitors.
How Do We Use Information?
Accelergy may use your contact information for Accelergy marketing
purposes. This may include targeted advertising and aggregating
your information with that of others for marketing purposes.
We may share customer information with unaffiliated third parties
in the following situations:
- When When you request or give us permission to do so;
- When we suspect fraud;
- When we are required by a federal, state, or local law or
regulation to do so; or
- When we receive a subpoena or are ordered by a court to do
so.
In the event of a sale or transfer of the assets
of Accelergy, Accelergy may transfer your information subject
to its then current privacy policy.
Protecting Your Privacy – Our Commitment
to Data Security
We will take appropriate steps to protect your privacy. We will
also take reasonable security measures to protect your information
in storage. Unfortunately, it is impossible to absolutely guarantee
the security of data transmission over the Internet or any wireless
network. Therefore, although we take reasonable measures to protect
your information, Accelergy cannot ensure or warrant the security
of any information you transmit to us and you do so at your own
risk. Once we receive your transmission, we will use our reasonable
commercial effort to ensure its security on our systems.
We provide links to third party sites. Since we do not control
those web sites, we encourage you to review the privacy policies
posted on these third party sites.
Proprietary Information
The content on this Site (including, text, pictures etc.) is the
proprietary information of Accelergy or other third parties. You
may only use the Site for the purpose of entering into or continuing
a relationship with Accelergy. Your use of the Site or the materials
included on this Site is for informational purposes only. You
agree you will not copy, distribute, publish, transmit, modify,
display or create derivative works from or exploit the contents
of this Site in any way. You agree to indemnify, defend and hold
harmless Accelergy for any and all unauthorized uses you may make
of the Site or any material on the Site. You acknowledge the unauthorized
use of the Site or the contents on the Site could cause irreparable
harm to Accelergy and that in the event of an unauthorized use,
Accelergy shall be entitled to an injunction in addition to any
other remedies available at law or in equity.
Unless otherwise noted, all materials on this site are protected
as the copyrights, trade dress, trademarks and/or other intellectual
properties owned by Accelergy and/or its affiliates or by other
parties that have licensed their material to Accelergy. All such
materials are subject to and protected by these Terms and applicable
copyright, trademark and other intellectual property laws. Accelergy
trademarks on this Site represent some of the trademarks currently
owned or controlled by Accelergy. You are not granted any right
to use any Accelergy trademarks, service marks, trade dress, copyrights,
trade secrets, patents or other intellectual property. All rights
or licenses not expressly granted under these Terms are reserved
to Accelergy.
This Site may contain third party information. Such third party
information does not represent the views or opinions of Accelergy
and Accelergy takes no responsibility whatsoever for such information.
You should assume that all contents of the Site are copyrighted
unless otherwise noted and may not be used except as provided
herein and without Accelergy’s express written permission. Nothing
contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent, copyright
or trademark of Accelergy or any third party. The use or misuse
of any such trademarks, patents or copyrights provide hereunder,
except as permitted herein, is expressly prohibited and may be
a violation of patent law, trademark law or copyright law, the
law of slander and libel, the law of privacy and publicity and
communications regulations and statutes.
By uploading, posting or otherwise transmitting any content through
or to our Site, you grant to Accelergy, its successors and assigns,
a non-exclusive, world-wide, royalty free, perpetual, non-revocable
license to use or distribute such content in any manner other
than as expressly stated in the privacy portion of the then current
version of these Terms.
Some links on the Site may allow you to connect with Web sites
that are not under our control. Accelergy is providing these links
only as a convenience. The appearance of a link does not imply
Accelergy endorsement, nor is Accelergy responsible for the operation
or contents of any linked Web site. You access and use such linked
sites at your own risk.
Accelergy makes no representation or warranties as to the accuracy
of any information contained on the Site and expressly disclaims
any obligation to update said information. Accelergy furthers
assumes no liability or responsibility for any errors or omissions
in the content of this Site. Your use of the Site is at your own
risk. Neither Accelergy nor any other party involved in creating,
producing or delivering the Site is liable for any direct, incidental,
consequential, indirect or punitive damages arising out of your
access to, or use of, the Site or any website linked to this Site.
This includes damages to, or for viruses that may infect, your
computer equipment. Without limiting the foregoing, EVERYTHING
ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Legal Notice
Accelergy maintains this Site from its offices in Palo Alto, California,
United States of America. Accelergy makes no representation that
materials in the Site are appropriate or available for use in
other locations. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for
compliance with local or national laws, if and to the extent local
or national laws are applicable. This notice and disclaimer and
any actions relating to your use of the Site will be governed
by and construed in accordance with the laws of the State of California
without giving effect to conflict of laws principle. You agree
that any claims or actions relating to Accelergy, the Site or
this notice will be brought in the California State or U.S. Federal
courts serving Santa Clara County, California and you hereby irrevocably
consent to the exclusive jurisdiction and venue of such courts.
Contacting Accelergy
If you need additional information about this policy, or assistance
in updating your information, please send an email to customer
service at: info@accelergy.com.
© 2005 Accelergy Corporation |