1.1: NO WARRANTY OR LIABILITY.  Allumeit, LLC expressly disclaims the accuracy, adequacy, or completeness of any data and shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon.  Neither the sender nor any of our information providers will be liable for any damages relating to your use of the information provided by this service. Allumeit, LLC reserves the right to remove, disable, or suspend access to this Services or subscription at any time and for any reason, without notice. 

1.2: In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run.  You agree that all information you provide to us via this service or subscription is accurate, complete, and not misleading.  You may not transfer outside the Services any software (including any related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.

1.3: We, or any 3rd party or underlying service provider,  may apply upgrades, patches, bug fixes, or other maintenance to the Services or Subscription content (“Maintenance”) without notice.

2. No Right to Data Sent or Submitted.

By submitting data to this service or subscription, you are responsible for only submitting data that does not violate any domestic or global privacy, or applicable, laws and understand that the service or subscription makes no attempt to retain any data submitted to it.  You understand that there is no method of requesting submitted data or understanding what was submitted other than any information returned by the service or subscription.   The Solution is not designed for processing of Prohibited Data and all users agree not to send sensitive, unauthorized, or Prohibited Data of any kind. Client or user acknowledges that HIPPA or other regulated data should never be sent to this solution. Notwithstanding anything to the contrary herein, the solution provider (or underlying technology provider) shall have no liability under this Agreement for Any Data sent to the solution.

3. BETA or Trial Services or Subscriptions.

WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, BETA SERVICES ARE PROVIDED “AS IS.” ALLUMEIT LLC AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALLUMEIT LLC AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE

4. NO DATA OR SOLUTION OWNERSHIP RIGHTS

Client and Users acknowledges that it has no rights to the solution, data sent to the Solution, and that irrespective of any use of the words “purchase”, “sale”, or like terms hereunder, no ownership rights are being conveyed to Client, user, or any other business or entity. Client agrees that the solution provider or its licensors retain all right, title and interest (including all patent, copyright, trademark, trade secret, and other intellectual property rights) in and to the Solutions, documentation, designs, methodologies, processes, techniques, ideas, and know-how, and all derivative works, modifications, or improvements of any of the foregoing, as well as all comments, questions, suggestions, or other feedback relating to the Solutions or Professional Services that Client or user submits, to the extent permitted by law. Except for any authorized access to use the Solutions, no rights in any Allumeit LLC Technology are granted to Client or user. Further, Client or user acknowledges that the Solutions are offered as an on-line, As-is, Software-as-a-Service (SaaS) solution, and that Client has no right to obtain a copy of any underlying code or technology in any Solution.

5. General Restrictions – Client or User shall not (and shall not permit any third party to):

(a) rent, lease, provide access to, or sublicense any Solution to a third party, copy any Solutions, or use any Solution for usage sharing or like purposes;

(b) reverse engineer, decompile, or disassemble any Solution, or otherwise seek to obtain the source code or non-public APIs to any Solution, except to the extent expressly permitted hereunder or by Law;

(c) modify any Solution or any Documentation, or create any derivative work from any of the foregoing except to the extent expressly permitted hereunder or by Law;

(d) remove or obscure any proprietary or other notices contained in any Solution (including notices contained in any data presented through the Solutions);

(e) publicly disseminate any information regarding the Solution unless expressly given permission to do so;

(f) attempt to gain unauthorized access to any other systems, networks, or data related to this solution, or interfere with or disrupt the integrity or performance of any such Solution, systems, networks, or data;

(g) use or knowingly permit the use of any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the security or vulnerability of this Solution or related systems, networks, or data; or

(h) use any Solution to retrieve, store, or transmit any malware (e.g., viruses, worms, time bombs, Trojan horses, or other harmful or malicious code, files, scripts, agents, or programs).