and any successor website, subdomain, or subsite, which links to or references these Terms, including, but not limited to, satisfaction.ai
(the “Site(s)“), which are owned and/or operated by Augustus Intelligence, Inc., (“Augustus,” “we,” “us” or “our”).
The Site(s) provides users with access to information and materials about Augustus and its suppliers and distributors. These materials may include information related to certain products and services (“Services”) offered by Augustus and/or its suppliers and distributors. The Site(s) also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Augustus, its suppliers and distributors, and Services, is referred to as “Content”).
Your access to and use of the Site(s) are subject to these Terms, as well as all applicable laws and regulations. Please read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Site(s), any Content or other information contained on the Site(s). Your access to and use of the Site(s) constitutes your acceptance of, and agreement to, abide by these Terms. These Terms may be changed, modified, supplemented, or updated by Augustus from time to time, without advance notice, by posting the updated Terms here. You agree to be bound by any such changed, modified, supplemented, or updated Terms if you continue to use the Site(s) after such changes are posted. Unless otherwise indicated, any new Content added to the Site(s) will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Site(s) and these Terms periodically for updates and changes.
Use of the Site(s) is limited to persons 18 years of age or older. If you are using the Site(s) on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms on behalf of that legal entity.
If you have any questions about these Terms, please contact us via e-mail as at email@example.com
. We will attempt to respond to your questions or concerns promptly after we receive them.
Limited License and Site(s) Access; All Rights Reserved.
Subject to your compliance with these Terms, Augustus hereby grants you a limited license to access and make personal use of these Site(s), but not to download (except as set forth below) or modify it, or any portion of it, except with express written consent of Augustus. This license does not include any resale or commercial use of the Site(s) or the Content; any derivative use of the Site(s) or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site(s) or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Augustus. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under this License, to any third-party.
Augustus (or the respective third-party owners of the Services and/or Content) reserve all rights not expressly granted in these Terms. Any unauthorized use terminates the permission or license granted by Augustus under these Terms.
Any use or attempted use of the Site(s)(i) for any unlawful, unauthorized, fraudulent, or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Site(s), or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Augustus to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Augustus, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site(s), you agree you will not:
- Upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Augustus representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Use the Site(s)’ communication features in a manner that adversely affects the availability of its resources to other users;
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national, or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
- Manipulate or otherwise display the Site(s) by using framing, mirroring, or similar navigational technologies;
- Probe, scan, test the vulnerability of, or breach the authentication measures of, the Site(s) or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; or
- Use any robot, spider, scraper, or other automated or manual means to access this Site(s), or copy any Content.
Augustus reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access to the Site(s). Augustus may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor.
Augustus neither actively monitors general use of the Site(s) under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Site(s). However, Augustus does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Augustus’ sole discretion, may be illegal, may subject Augustus to liability, may violate these Terms, or are, in the sole discretion of Augustus, inconsistent with Augustus’ purpose for these Site(s).
The Site(s) may provide certain summary descriptions or other helpful information regarding Services. Augustus attempts to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer. THIS SITE IS NOT AN OFFER TO SELL OR LEASE PRODUCTS AND/OR SERVICES BY AUGUSTUS.
Except as otherwise expressly stated, all Content appearing on the Site(s) is the copyrighted work of Augustus or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of Augustus and is protected by U.S. and international copyright laws.
You may download information from the Site(s) and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Site(s), in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Augustus or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Augustus. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Augustus does not warrant or represent that your use of Content, Services, or any other materials displayed on the Site(s) will not infringe rights of third-parties.
We will investigate any allegations of copyright infringement brought to our attention. If you have evidence of, know of, or have a good faith belief that your rights or the rights of a third party have been violated and you want Augustus to review, delete, edit, or disable the material in question, you must provide Augustus with all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on our Site(s) of the material that you claim is infringing;
- Your address, telephone number, and email address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For this notification to be effective, you must direct your correspondence to Augustus’ designated agent at firstname.lastname@example.org.
No Augustus Editorial Control of Third-Party Content; No Statement as to Accuracy.
To the extent that any of the Content included in the Site(s) is provided by third-party content providers or other Site(s) users, Augustus has no editorial control or responsibility for such Content. Therefore, any opinions, statements, products, services, or other information expressed or made available by third-party suppliers or users on the Site(s) are those of such third-party suppliers or users, respectively. Augustus does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Site(s) or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Augustus.
Links to Third-Party Site(s).
Augustus is under no obligation to maintain any link on the Site(s) and may remove a link at any time in its sole discretion for any reason whatsoever. Augustus shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. Augustus is not responsible for the privacy practices of any other websites.
Content and other information contained on the Site(s) has been prepared by Augustus as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Augustus has used reasonable efforts in collecting, preparing, and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Site(s) or any other Site(s) maintained by Augustus. Users relying on Content or other information from the Site(s) do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and conditions applicable to the Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Augustus or a third-party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Site(s) does not affect that purchase in any manner.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND AUGUSTUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. AUGUSTUS MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT AUGUSTUS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BYLAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SITE’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF AUGUSTUS HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE(S), SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS, AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD-PARTY, OR ANY OTHER MATTER RELATED TO THE SITE, SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE AUGUSTUS AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE(S), IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $100. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME, OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless Augustus, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of these Site(s), your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.
When you visit the Site(s) or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site(s). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Governing Law; Jurisdiction; Venue.
The Terms are governed by the laws of the State of New York, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms shall be brought exclusively in the federal or state courts of New York City, NY and the parties hereby consent to the personal jurisdiction and venue of such courts.
All parts of these Terms apply to the maximum extent permitted by law. We both agree that if any provision of these Terms is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. You agree that any claim you may have arising out of or related to your use of the Site(s) or your relationship with Augustus must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Augustus Intelligence, Inc.
Last updated and posted on April 9, 2020