Anaqua, Inc. Website Terms and Conditions of Use

Updated: May 2016

1. Recital

By accessing this website, you are agreeing to be bound by these Terms and Conditions as stated herein.

2. Lawful Conduct

As a condition of use, User hereby agrees to never use the Anaqua website and/or Anaqua services provided on this website for any purpose that is unlawful or prohibited by the terms, conditions, and notices provided herein. User may not use the website and/or services provided on this website in any manner that could damage, disable, overburden, or impair any Anaqua server or website, or the network(s) connected to any Anaqua server, or interfere with any other party’s use and enjoyment of the Anaqua website or services provided on the Anaqua website. User may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Anaqua website or server or to any of the services provided by Anaqua through hacking, password mining or any other means. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Anaqua through the website or services provided on the website. User shall comply with any and all applicable Unites States, foreign or international laws and regulations, and User hereby agrees that User shall be responsible for compliance with any and all applicable local laws. If User does not agree with any of these terms, User is hereby prohibited from lawfully using or accessing this site and User’s continued unlawful use of this website shall constitute a violation of these Terms and Conditions of Use. Anaqua reserves the right to pursue any and all legal remedies to enforce its rights under these Terms and Conditions of Use.

3. Limited Use License

User may temporarily download one copy of the materials (information or software) on Anaqua's web site for personal, non-commercial transitory viewing only. In doing so, Anaqua hereby grants User a limited license only and does not transfer any rights to any of the materials provided on the Anaqua website besides those limited rights granted herein. User hereby acknowledges that they are prohibited to use the material in any way not expressly contemplated in these Terms and Conditions of Use, including but not limited to:

  1. modifying or copying any materials listed on Anaqua’s website;
  2. using the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempting to decompile or reverse engineer any software contained on Anaqua's website;
  4. removing any copyright or other proprietary notations from any materials; or
  5. transferring the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if User violates any of these restrictions and/or any other terms and conditions enumerated herein and may be terminated by Anaqua at any time without notice. Upon termination of these limited rights regarding viewing and/or downloading these materials or upon the termination of the limited license granted herein, User must destroy any and all downloaded materials in User’s possession whether in electronic, printed or other format.

4. Anaqua Website Content

User may be granted a limited right to use Documents, including but not limited to white papers, press releases, datasheets and FAQ’s, that are provided and made available to User on the Anaqua website.  User hereby agrees to the following terms for lawful use of these documents:

  1. the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear in all copies;
  2. use of such documents from the Anaqua website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
  3. no modifications of any documents are made in any way.

Use for any other purpose except those enumerated herein is expressly prohibited by law, unless expressly agreed to in writing by an officer of Anaqua, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible by the law.

5. Copyright

All content provided on this website is owned by or licensed to Anaqua and/or its affiliates and assigns (the “Anaqua Content”) and is protected by the United States and international copyright laws. Anaqua and its licensors shall retain all proprietary rights to the Anaqua Content listed in this website. The Anaqua Content may not be reproduced, transmitted, re-transmitted, distributed or re-distributed without the prior written consent of Anaqua and according to the Terms and Conditions of Use enumerated herein. User hereby acknowledges and agrees that all materials contained in this website are protected by applicable copyright law.

6. Trademarks

The Trademarks, service marks, trade names and logos on this website are the trademarks of Anaqua and/or its affiliates. All other Trademarks, service marks, trade names and logos on this website that are not trademarks of Anaqua are the exclusive property of those third parties listed on the Anaqua website. Nothing in this Agreement shall grant the User any limited right or license to reproduce, transmit, re-transmit, distribute or re-distribute any of the trademarks, service marks, trade names and/or logos of any third parties listed on the Anaqua website. User hereby acknowledges and agrees that all materials contained in this website are protected by applicable trademark law.

7. Disclaimer of Warranties

THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY ANAQUA ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ANAQAU MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS  AND NEGATES ANY AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF ANY THIRD PARTY RIGHTS. ANAQUA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILIY OF THE USE OF THE MATERIALS ON ANY PART OF THIS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS, OR ON ANY THIRD-PARY WEBSITES, BLOGS OR SOCIAL MEDIA SITES LINKED TO THE ANAQUA WEBSITE.

8. Limitation on Liability

IN NO EVENT SHALL ANAQUA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR SPECIAL,  DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTIAL LOSS, LOSS OF DATA, LOSS OF PROFIT OR DAMAGES RESULTING FROM A BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON ANAQUA’S WEBSITE, WHETHER OR NOT SUCH DAMAGES OCCUR IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION AND REGARDLESS OF WHETHER ANAQUA OR AN ANAQUA AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISIDCTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY ON IMPLIED WARRANTIES, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

9. Revisions or Modifications of Website

Any materials appearing on Anaqua's website may include technical, typographical, or photographic errors. Anaqua does not warrant that any of the materials on its website are accurate, complete, or current. Anaqua may make changes to the materials contained on its website at any time without notice. Anaqua does not, however, make any commitment to update the materials.

10. Statements

Throughout this website, there may be certain statements that describe a forward looking approach to our company, our products and our objectives. These statements are based on certain assumptions and reflect Anaqua’s current expectations. As a result, statements are subject to a number of risk and uncertainties that could cause actual results or events to differ materially from current expectations. Anaqua does make any warranties or give any assurances that any statements will materialize. You, as a User, are cautioned and are hereby given notice, to not place any undue reliance on these statements, which reflect expectations only as of the date of this website. Anaqua disclaims any intention or obligation to update or revise any of these statements contemplated herein.

11. Third Party Links

Anaqua may provide links to third party websites, blogs, or other social media outlets, herein collectively referenced as “Third Party Links” through the Anaqua website. These Third Party Links shall cause User to leave the Anaqua website. These Third Party Links are not under the control of Anaqua.  Anaqua is not responsible for the contents of any such third party linked sites, blogs or other social media outlets. The inclusion of any link does not imply any endorsement whatsoever by Anaqua of the Third Party Links or any viewpoint expressed on any linked website, blog or social media outlets. Anaqua is providing these Third Party Links only as a convenience. Use or access to any Third Party Links is at the User's own risk.

12. Site Terms of Use Modifications

Anaqua may revise these terms of use for its website at any time without notice. By using this website, User is agreeing to be bound by the then current version of these Terms and Conditions of Use.

13. Unsolicited User Provided Content

Anaqua or its employees acknowledge that they may receive unsolicited ideas and/or works, including but not limited to ideas and/or works for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, new product names, original creative artwork, samples, demos or other forms of ideas and/or works. User acknowledges that neither Anaqua nor any of its employees request nor accept any unsolicited ideas in any way and that any unsolicited submission is at User’s own risk. User hereby acknowledges that any unsolicited ideas that are submitted through this website shall not be treated as confidential and/or proprietary by Anaqua and that any potential similarities between Anaqua products, ideas, works or marketing strategies and any unsolicited ideas and/or works received from User are purely coincidental and in no way grants User any property rights in any of the Anaqua published products, ideas, works or marketing strategies.  If User obtains any lawful and limited property rights in any unsolicited ideas and/or works either before or after the unsolicited submission through the Anaqua website, User hereby grants any and all its limited, lawful ownership and/or property rights to Anaqua.

14. User Provided Submissions

Anaqua does not claim ownership of the materials User may provide to Anaqua, including but not limited to feedback, suggestions, posts, uploads of images, photographs, pictures or other graphical content, input or submissions to any Services or its associated services for review by the general public, or by the members of any public or private communities, (each a “Submission” and collectively “Submissions”). By posting, uploading, inputting, providing or submitting your submission of any materials, you are granting Anaqua, its affiliated companies and necessary sub-licensees permission to use your submission in connection with the operation of Anaqua’s internet businesses, including but not limited to all of Anaqua’s services and products. This license grant shall include but not be limited to the right to:

  1. copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission;
  2. publish your name in connection with the User submission; and
  3. sublicense such rights to any other third party at Anaqua’s sole discretion.

User hereby acknowledges and agrees that no compensation will be paid with respect to the use of your submission, as provided herein. Anaqua is under no obligation to post and/or use any submission you may provide and Anaqua may remove any submission at any time in its sole discretion. By posting a submission, User warrants and represents that User owns or otherwise controls all of the rights to your submission as described in these Terms and Conditions of Use including but not limited to, all rights necessary for User to provide, post, upload, input or submit the submissions.

15. User Account, Password and Security

If any of the Services and/or features provided on the Anaqua website requires User to open an account, User must complete the registration process by providing Anaqua with current, complete and accurate information as prompted by the applicable registration form. You may also be required to choose a password and/or a user name. User is entirely responsible for maintaining the confidentiality of your User password and account. User hereby acknowledges that User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Anaqua immediately of any unauthorized use of your account or any other breach of security. Anaqua shall not be liable for any loss that User may incur as a result of a third party using User’s password or account, either with or without your knowledge. User also acknowledges that User may be held liable for losses incurred by Anaqua or any other party due to an authorized or unauthorized third party accessing and using User’s account or password. User may not use any other third party’s account at any time, without the express permission of the account holder.

16. Privacy

Please review our Privacy Statement at http://www.anaqua.com/legal/privacy-policy, which also governs your visit to www.anaqua.com, to understand our practices.

17. Notice and User Inquiries

All inquiries by User(s) or notices to Anaqua regarding these Terms and Conditions of Use and/or any other inquiry regarding Anaqua’s website shall be made through emailing Anaqua, Inc. at [email protected]; or write us at Anaqua, Inc., ATTN: Privacy Officer, 31 St James Ave, Suite 1100, Boston, MA 02116 USA. We will attempt to respond to your inquiries in a timely manner. All other inquiries and/or notices that violate and/or disseminate from this procedure enumerated herein will not be acknowledged as proper notice by Anaqua and will not receive a response.