Terms of Use

Preamble

Welcome to the Storwize Inc. (“Storwize”) Internet Site on the World Wide Web (the "Site"). Please review these Site terms of use which governs your use of our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site.

Storwize Claims relating to the use of this Site and the materials contained herein are governed by the laws of the State of New York. If you do not agree to the foregoing, please do not use this Site. If you choose to access this Site from another location, you do soon your own initiative and are responsible for compliance with applicable local laws.

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Storwize and/or its subsidiaries and affiliates.

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the sole purpose of using this Site as a information resource (“Purpose”), provided you do not modify the Site or the information provided hereby and thereby and further provided that all copyrights and other proprietary notices contained in the Contents shall at all times remained solely owned by Storwize.

Except in connection with the Purpose above , none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of Storwize.

Please note that the permission granted herein terminates automatically if you breach any of these Site Terms of Use or Privacy Policy. Any other use of the Contents on this Site including reproduction for purposes other than the Purpose, and including any reproduction, modification, distribution, or republication without the prior written permission of Storwize, is strictly prohibited.

STORWIZE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH STORWIZE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CORRECT, STORWIZE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE OR COMPLETE. STORWIZE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE.

STORWIZE MAY, AT ANY TIME AND AT ITS SOLE DISCRETION, MAKE CHANGES OR CORRECTIONS TO THE CONTENT OR THE SITE, WITHOUT PROVIDING ADVANCE NOTICE.

THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THIS WEB SITE AND THE CONTENTS, LIES SOLELY WITH YOU . IN NO EVENT SHALL STORWIZE BE LIABLE TO YOU OR ANY OTHERS ON YOUR BEHALF OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE , HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF STORWIZE RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL STORWIZE BE LIABLE FOR ANY MALFUNCTIONS OCCUIRNG IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO, TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS OR BUGS OR VIRUSES OF ANY KIND, WHICH MAY LIMIT OR PROHIBIT ANY THIRD PARTY'S ABILITY TO USE THE WEBSITE, OR RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO THIRD PARTY. IN ADDITION, STORWIZE SHALL NOT BE REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.

You may not assign, transfer, or delegate any of the rights, duties, and/or obligations granted to you, with regard to your subscription to products/services, to anyone without the express written consent of Storwize.

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Storwize ("Transmissions") shall be and remain Storwize's property.

Except as limited by our Privacy Policy [insert link], all Transmissions will be treated as non-confidential and non-proprietary and Storwize shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Storwize shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Storwize may use information about your demographics and use of this Site in any manner that does not reveal your identity.

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

Storwize may revise these Terms of Use by updating this posting. You agree that in the event any portion of these Site's Terms of Use and/or Privacy Policy are found to be unenforceable, the remainder of these Site's Terms of Use and/or Privacy Policy shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.

This Site may provide hyperlinks or pointers to other web sites, including advertisements and commercial web sites, maintained by third parties. The Site provides the links to any such third-party web sites for your convenience and information only and does not endorse the companies or contents of any linked sites. The content in any linked web site is and shall not be under Storwize's control or responsibility and may not have been reviewed by Storwize. Consequently, if you decide to access any such web site (via link or reference in the Site), you do so entirely at your own discretion and risk and Storwize shall not be responsible or liable for any such access or use.

Your subscription to a product/service shall commence upon your completion of the registration and purchase process for such product/service.

Without derogating from the aforementioned and without prejudice to any other rights, Storwize may terminate your subscription and/or limit, revoke or block access to use any feature and or portion of the products and/or services at any time, with immediate effect, and without penalty, if you fail to comply with the terms and conditions set forth herein.

The Terms of Use and Privacy Policy ("Terms"), contained in this Site, represent the complete and final agreement between you and Storwize with respect to the Site and the use thereof and supersede any and all prior agreements, representations or statements made by provided that, if you or anyone on your behalf have already executed or will executed a separate definitive agreement with Storwize for the purposes matter herein, this Terms shall apply irrespectively of such separate agreement to the extent possible and unless specifically determined otherwise in the agreement or by Storwize.