7Sigma Systems, Inc. Terms of Service
Welcome to 7Sigma!
1. Your relationship with 7Sigma
1.1 Your use of 7Sigma’s web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by 7Sigma under a separate written agreement) is subject to the terms of a legal agreement between you and 7Sigma. “7Sigma” means 7Sigma Systems Inc., whose principal place of business is at 6687 Mulberry Circle E., Chanhassen, Minnesota 55317, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with 7Sigma, your agreement with 7Sigma will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with 7Sigma will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and 7Sigma in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by 7Sigma in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that 7Sigma will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with 7Sigma, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where 7Sigma has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with 7Sigma.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by 7Sigma
4.1 7Sigma is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which 7Sigma provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that 7Sigma may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at 7Sigma’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform 7Sigma when you stop using the Services.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to 7Sigma for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify 7Sigma immediately.
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with 7Sigma’s privacy policies.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by 7Sigma (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by 7Sigma or by the owners of that Content, in a separate agreement.
7.3 7Sigma reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, 7Sigma may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that 7Sigma has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which 7Sigma may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that 7Sigma (or 7Sigma’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by 7Sigma and that you shall not disclose such information without 7Sigma’s prior written consent.
8.2 Unless you have agreed otherwise in writing with 7Sigma, nothing in the Terms gives you a right to use any of 7Sigma’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with 7Sigma, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and 7Sigma's brand feature use guidelines as updated from time to time.
8.4 Other than the limited license set forth in Section 11, 7Sigma acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with 7Sigma, you agree that you are responsible for protecting and enforcing those rights and that 7Sigma has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6 Unless you have been expressly authorized to do so in writing by 7Sigma, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from 7Sigma
9.1 7Sigma gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by 7Sigma as part of the Services as provided to you by 7Sigma (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 7Sigma, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by 7Sigma, in writing.
9.3 Unless 7Sigma has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Ending your relationship with 7Sigma
10.1 The Terms will continue to apply until terminated by either you or 7Sigma as set out below.
10.2 If you want to terminate your legal agreement with 7Sigma, you may do so by (a) notifying 7Sigma at any time and (b) closing your accounts for all of the Services which you use, where 7Sigma has made this option available to you. Your notice should be sent, in writing, to 7Sigma’s address which is set out at the beginning of these Terms.
10.3 7Sigma may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) 7Sigma is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom 7Sigma offered the Services to you has terminated its relationship with 7Sigma or ceased to offer the Services to you; or
(D) 7Sigma is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by 7Sigma is, in 7Sigma’s opinion, no longer commercially viable.
10.4 Nothing in this Section shall affect 7Sigma’s rights regarding provision of Services under Section 4 of the Terms.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and 7Sigma have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT 7SIGMA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
11.3 IN PARTICULAR, 7SIGMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 7SIGMA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 7SIGMA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT 7SIGMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH 7SIGMA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE 7SIGMA WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
12.2 THE LIMITATIONS ON 7SIGMA’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT 7SIGMA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13. Copyright and trade mark policies
13.1 It is 7Sigma’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers..
13.2 7Sigma operates a trade mark complaints procedure in respect of 7Sigma’s advertising business..
14. Other content
14.1 The Services may include hyperlinks to other web sites or content or resources. 7Sigma may have no control over any web sites or resources which are provided by companies or persons other than 7Sigma.
14.2 You acknowledge and agree that 7Sigma is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
14.3 You acknowledge and agree that 7Sigma is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15. Changes to the Terms
15.1 7Sigma may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, any new Additional Terms will be made available to you from within, or through, the affected Services.
15.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, 7Sigma will treat your use as acceptance of the updated Universal Terms or Additional Terms.
16. General legal terms
16.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
16.2 The Terms constitute the whole legal agreement between you and 7Sigma and govern your use of the Services (but excluding any services which 7Sigma may provide to you under a separate written agreement), and completely replace any prior agreements between you and 7Sigma in relation to the Services.
16.3 You agree that 7Sigma may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
16.4 You agree that if 7Sigma does not exercise or enforce any legal right or remedy which is contained in the Terms (or which 7Sigma has the benefit of under any applicable law), this will not be taken to be a formal waiver of 7Sigma’s rights and that those rights or remedies will still be available to 7Sigma.
16.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.6 You acknowledge and agree that each member of the group of companies of which 7Sigma is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
16.7 The Terms, and your relationship with 7Sigma under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and 7Sigma agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that 7Sigma shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
January 23, 2009