This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures.
Access and use of the Website is not permitted where it is prohibited by law. By accessing and using the Website, the Customer represents and warrants that:
- the Customer is a person who can enter into a legally binding agreement as per the laws of the jurisdiction where the Customer is situated;
- in case the Customer is representing a corporation or any other entity, such entity is duly organized and validly existing under the applicable laws where such entity is situated and the person is duly authorized to represent such entity;
- the Customer is not barred by any applicable law for the time being in force; and
- the Customer has obtained all such licenses and authorizations which are in full force and effect to enter into the Agreement.
Subject to the terms and conditions set forth in these Terms, Diligent grants you a non- exclusive, non-transferable, limited right to access, use and display this Website and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. Unless otherwise specified, the Website is for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.
3. Restrictions on Use
The Customers shall not use the Website in order to transmit, post, distribute, store, modify or destroy material, including without limitation, content provided by Diligent:
- for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of third parties, or violate the privacy, publicity or other personal rights of Diligent and/or third parties;
- that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Customers and/or Diligent, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- to post false, inaccurate, misleading, defamatory, or libelous content (including Personal Information);
- to upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- to advertise or offer to sell or buy any goods or services for any business purpose.
- The Customer shall indemnify and hold harmless Diligent from any claims and loss incurred by Diligent as a result of your violation of this Agreement; and
- the Customer acknowledges that Diligent may, at its sole discretion, monitor, remove or edit any content that the Customer contributes on the Website. Diligent may also pursue remedies available to it under law for any violation of this Agreement.
4. No Warranties
The Website, the information and Materials, and any software made available on the Website, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non- infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. There is no warranty on behalf of Diligent that this Website will be free of any computer viruses.
5. Third Party Content
The Website and Materials may contain features and functionalities that promote and allow access to third party content, including websites, information, products or services (“Third Party Sites”). Diligent shall not be responsible for any problems resulting from use of any third-party services, or suffers data loss or other losses as a result of problems with any of the other service providers or any third-party services. These Third Party Sites are in no way integrated with Diligent and the inclusion of any link on the Website or any network does not imply Diligent’s affiliation or endorsement of the Third Party site, their business practices (including their privacy policies) or any information therein.
Diligent reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting on the Website. We will inform you of such additions/alterations through e-mails, messages to your account, notices posted on the Website, or through other means available. These additions/alterations will become effective from the date they are posted on the Website.
Continued access and use of the Website and Materials following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue access and use of the Website and Materials.
7. Limitation of Liability
In no event shall Diligent be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, Materials, and functions of this Website or any linked Third Party Sites, even if Diligent is expressly advised of the possibility of such damages.
The Customer agrees to indemnify and hold harmless Diligent, its employees, officers, directors and affiliates against any and all liability (including losses, damages, recoveries, deficiencies, interest, penalties and reasonable attorney’s fees) relating to Customer’s access and use of this Website in any manner, including without limitation of the foregoing, any action the Customer takes which is in violation of the terms and conditions of these Terms and against any applicable law.
These Terms shall be governed by and interpreted and construed in accordance with the laws of the State of [ ●]. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in [●].
10. Contact Us
If the Customers have any questions concerning Diligent, this Agreement, the Services, or anything related to any of the foregoing, our customer support can be reached at the following email address: [●].