The following terms and conditions govern all use of the www.edgeverve.com and forum.assistedgerpa.com website and all content, services and products available at or through the websites, including, but not limited to, www.edgeverve.com and forum.assistedgerpa.com (together the “Website”). The Website is owned and operated by Edgeverve Systems Ltd. (“EDGEVERVE”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EDGEVERVE Privacy statement under forum.assistedgerpa.com and procedures that may be published from time to time on this Website by EDGEVERVE (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by EDGEVERVE, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old
- Your www.edgeverve.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify EDGEVERVE of any unauthorized uses of your account or any other breaches of security. EDGEVERVE will not be liable for any acts or omissions by you or any third party on your behalf, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means o f the Website (any such material, “User Content”), You are entirely responsible for the User content of, and any harm resulting from, that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software or any other such material. By making Content available, you represent and warrant that:* the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
- you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the User Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by EDGEVERVE or otherwise.
- User Content License
Any User Content posted will not be considered confidential and EDGEVERVE does not claim ownership of User Content that you post, upload, input or submit to Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on Website, You grant to EDGEVERVE a perpetual, transferrable, irrevocable (subject to mandatory data protection requirements), non-exclusive, sub-licensable, world-wide and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to EDGEVERVE that You have the right, title, and/or authority to grant such license to EDGEVERVE. EDGEVERVE may elect not to post or publish User Content that You submit. If EDGEVERVE elects to post or publish Your User Content, EDGEVERVE may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if EDGEVERVE has previously indicated to You that EDGEVERVE might or will post the User Content You have submitted.
- Responsibility of Website Visitors
EDGEVERVE has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, EDGEVERVE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. EDGEVERVE disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.edgeverve.com links, and that link to www.edgeverve.com. EDGEVERVE does not have any control over those non-www.edgeverve.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-www.edgeverve.com website or webpage, EDGEVERVE does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EDGEVERVE disclaims any responsibility for any harm resulting from your use of non-www.edgeverve.comwebsites and webpages.
- Copyright Infringement
As EDGEVERVE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.edgeverve.com or forum.assistedgerpa.com violates your copyrigh t, you are encouraged to promptly notify EDGEVERVE at AE.Community@edgeverve.com. EDGEVERVE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. EDGEVERVE will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EDGEVERVE or others. In the case of such termination, EDGEVERVE will have no obligation towards such visitor for termination.
- Intellectual Property
This Agreement does not transfer from EDGEVERVE to you any EDGEVERVE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with EDGEVERVE. EDGEVERVE, www.edgeverve.com, the www.edgeverve.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.edgeverve.com or forum.assistedgerpa.com, or the Website are trademarks or registered trademarks of EDGEVERVE or EDGEVERVE’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EDGEVERVE or third-party trademarks.
EDGEVERVE reserves the right to display attribution links such as ‘Powered by www.edgeverve.com,’ theme author, and font attribution in your content footer.
EDGEVERVE reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. EDGEVERVE may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
EDGEVERVE may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one) at forum.assistedgerpa.com, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
The Website (including third party service provider to host Website) is provided “as is”. EDGEVERVE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EDGEVERVE nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, EDGEVERVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EDGEVERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY EDGEVERVE SOFTWARE, EDGEVERVE MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON EDGEVERVE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON EDGEVERVE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN EDGEVERVE WEBSITE.
- General Representation and Warranty
You agree to indemnify and hold harmless EDGEVERVE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between EDGEVERVE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EDGEVERVE, or by the posting by EDGEVERVE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of INDIA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be EXCLUSIVE JUISDICTION OF courts located in Bangalore, Karnataka, India. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with The Arbitration and Conciliation Act, India, 1996. The arbitration shall take place in Bangalore, Karnataka, India in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EDGEVERVE may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This was last updated on 25th September’18