Website Terms and Conditions of Use

These Website Terms and Conditions of Use (“Terms of Use”) apply to the Aprimo website at Aprimo.com and any associated websites owned or operated by Aprimo US LLC and/or its affiliates (“we”, “us”, “our”, or “Aprimo”) (collectively, the “Site”).

Acceptance of Terms

By accessing or using the Site, you agree to these Terms of Use. If you do not agree to these Terms of Use at any time, you may not access or use the Site. These Terms of Use are in addition to, and do not nullify, any other agreement between you and Aprimo.We may update these Terms of Use at our discretion and without prior notice. It is your responsibility to periodically review these Terms of Use for updates. By continuing to use the Site after any changes, you accept those changes.

Please review our Privacy Policy for information about the data we collect, how we use and protect it, and your rights. The Privacy Policy is incorporated by reference into these Terms of Use.

Intellectual Property

All content included, displayed, or made available on the Site, such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, documents, software, user interface design, and all other materials and content (collectively, “Content”), is the exclusive property of Aprimo or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

All trademarks, service marks, trade names, logos, and trade dress appearing on the Site are the property of Aprimo or their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, logo, or service mark displayed on the Site without the express prior written consent of Aprimo or the respective owner.

Except as expressly authorized in writing by Aprimo, you may not:

• Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, license, sublicense, modify, adapt, create derivative works from, or otherwise exploit any part of the Site or the Content, in any form or by any means, for any commercial or non-commercial purpose.
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices from any Content or portion of the Site.
• Use data mining, robots, scraping, or similar data gathering or extraction methods to access the Site or Content.
• Use any Content or materials from the Site in a manner that may cause confusion among customers, or that disparages or discredits Aprimo or its licensors.

Any unauthorized use of the Site or its Content may violate copyright laws, trademark laws, privacy and publicity laws, and other regulations and statutes. Aprimo reserves all rights not expressly granted in these Terms of Use. Any rights not expressly granted to you herein are reserved by Aprimo and/or its licensors.

If you believe that any Content on the Site infringes your copyright or other intellectual property rights, please contact us at Legal@Aprimo.com.

Use of the Site

By accessing or using the Site, you agree not to:

• Access or use the Site in any manner that violates, or advocates for the violation of, applicable laws or regulations or the rights of Aprimo, its licensors, or any third party;
• Use the Site, or any portion of the Site, for any commercial purpose, including but not limited to selling, licensing, or distributing the Content, unless specifically permitted by Aprimo in writing;
• Improperly solicits personal or sensitive information from other users of the Site, including without limitation addresses, contact information, passwords, or financial information
• Use any manual or automated process, device, program, algorithm, or methodology, including, but not limited to, scripts, bots, spiders, crawlers, or scrapers, to access, acquire, copy, monitor, or reproduce any part of the Site or Content;
• Attempt to gain unauthorized access to any portion of the Site, its systems or networks, any Content, any user accounts, or any systems or networks connected to the Site, by hacking, password mining, or any other illegitimate means;
• Interfere or attempt to interfere with the proper functioning of the Site, any transaction being conducted on the Site, or any other person’s use of the Site, including by transmitting any virus, malware, spyware, or other harmful code;
• Misrepresent your identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Restrict, inhibit, or interfere with any other user’s access to or use of the Site;
• Frame, mirror, or otherwise incorporate any part of the Site or Content into any other website or service without Aprimo’s prior written consent;
• Use the Site to upload, post, transmit, or otherwise make available any content or material that is unlawful, infringing, defamatory, obscene, offensive, or otherwise objectionable;
• Use the Site or any Content for any purpose that is prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of Aprimo or others.

Any use of the Site or Content not expressly permitted by these Terms of Use is a breach of these Terms and may violate copyright, trademark, and other laws.

Violation of These Terms

We reserve the right to monitor your use of the Site and to investigate violations of these Terms of Use. We may terminate or suspend your access to the Site at our sole discretion, at any time and without notice, in addition to any other remedies available by law, for any violation of these Terms of Use or for any other reason.

Accounts and Passwords

Some features may require you to create an account. You must be at least 18 years old to do so. You agree to provide accurate and current information and keep such information up-to-date. You are entirely responsible for maintaining the confidentiality of your password, and are responsible for all activities (whether by you or others) that occur under your password and/or account, and you will immediately notify us of any unauthorized use or misuse. Aprimo will not be held liable for any losses you incur as a result of someone else’s use of your account or password.

Feedback

Aprimo may provide features on the Site, including a set of webpages known as the Aprimo Community, that enable customers, partners, and other individuals engaged with Aprimo to engage in community discussions, exchange ideas, provide suggestions, post comments, publish information or otherwise submit content (“Feedback”). Such features, including Aprimo Community, are made available to foster engagement and the sharing of insights among Aprimo’s customers and partners, and allow Aprimo to improve its offerings, products and services based on such Feedback. Aprimo reserves the right to remove or edit any content which it determines, in its sole discretion, violates these Terms of Use.

By submitting Feedback, including but not limited to posts, comments, ideas, questions, suggestions, or other content to the Site, you agree that:

• All Feedback is Non-Confidential. Any Feedback you provide will be treated as non-confidential and non-proprietary, regardless of any markings or statements to the contrary.
• Sole Ownership by Aprimo. You hereby assign to Aprimo any and all right, title, and interest in and to any Feedback (including all intellectual property rights embodied therein) that you provide or make available via the Site. Aprimo shall be the sole and exclusive owner of all such Feedback and may use, copy, modify, publish, redistribute, sublicense, or otherwise exploit and use the Feedback for any purpose, commercial or otherwise, without restriction and without any obligation to you.
• No Compensation. You are not entitled to any compensation, credit, or acknowledgement for any Feedback you provide, regardless of how Aprimo uses it.
• No Obligation to Use. Aprimo is not obligated to review, use, or respond to any Feedback.

By making available or providing Feedback, you represent and warrant that you have the right to provide such content and information, and that it does not violate any rights of third parties, including intellectual property or privacy rights.

If you do not agree with these terms, do not submit Feedback or post any content to the Site, including as it relates to Aprimo Community.

Links to Other Sites

The Site may include links to third-party sites. We are not responsible for their content, availability, or accuracy, and do not endorse or assume liability for them. Use third-party sites at your own risk.

Disclaimer

THE SITE AND ALL CONTENT, FEATURES, OFFERINGS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APRIMO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR AVAILABILITY.

APRIMO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY USER-GENERATED CONTENT OR MATERIALS OR INFORMATION POSTED TO THE APRIMO COMMUNITY. APRIMO DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIALS OFFERED OR PROVIDED BY ANY THIRD PARTIES THROUGH THE SITE OR ANY LINKED SITES.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY CONTENT, INFORMATION OR SERVICES ACCESSED OR USED THROUGH IT IS AT YOUR SOLE RISK AND DISCRETION.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH CASES, APRIMO’S WARRANTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APRIMO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, CONTENT, OR ANY RELATED OFFERINGS OR SERVICES, EVEN IF APRIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL APRIMO’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID (IF ANY) TO APRIMO FOR USE OF THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT PERMIT CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART TO THE EXTENT THE LAWS OF SUCH JURISDICTIONS APPLY.

Indemnification

You agree to indemnify and hold Aprimo and its officers, directors, employees, shareholders and agents harmless from any claims, losses, or expenses (including legal fees) arising out of your use of the Site or violation of these Terms of Use.

Governing Law

These Terms of Use are governed by the laws of the State of Illinois, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Cook County, Illinois.

Venue

Any legal action or proceeding arising out of or relating to these Terms of Use or your use of the Site shall be brought exclusively in the state or federal courts located in Cook County, Illinois. You and Aprimo hereby consent to the personal jurisdiction and venue of such courts.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Aprimo regarding the Site and supersede any prior agreements. If any provision is found invalid or unenforceable, the remainder will continue in effect. No waiver is effective unless in writing and signed by Aprimo.