1. Terms
These terms of use (these “Terms”) are entered into by and between you and Get Whys Inc., aDelaware corporation (“Get Whys” or “we” or “us”). By accessing the website at http://getwhys.io (the “Website”), you are agreeing to be bound by these Terms, and these Terms shall govern your access to and use of the Website. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website.
2. Accessing the Website
The Website allows you to search for and share information about technology products, services, and vendors. As a condition of your use of the Website, you representand warrant to Get Whys that (i) all information supplied by you on the Websiteis true, accurate, current, and complete, (ii) if you have a Get Whys account, you will safeguard your account information and will supervise and becompletely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older. Get Whys does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to the Website and the content we offer, at any time and for any reason, including, but not limited to, for violation ofthese Terms. Please be advised that all content, including any endorsements, of third-party products, services, or vendors contained on the Website are the opinions of the users of those products, services, or vendors and not those of Get Whys. You shall not use the Website or any services or products provided by Get Whys, including but not limited to InsightDB, to develop services competitive with Get Whys or for any unlawful purposes. By accessing the Website or registering for a Get Whys account, you agree, as a condition to your continued use of the Website, to participate from time to time in research interviews conducted by Get Whys. Such interviews enable us to continue to develop our services offering and grow the Get Whys community.
3. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Get Whys, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms andmay violate copyright, trademark, and other laws.
4. Disclaimer of Warranties
You understand that Get Whys cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GET WHYS NOR ANY PERSON ASSOCIATED WITH GET WHYS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GET WHYS NOR ANYONE ASSOCIATED WITH GET WHYS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, GET WHYS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITEDTO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, AND FITNESS FORPARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GET WHYS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR INCONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDERAPPLICABLE LAW.
6. Indemnification
You agree to defend, indemnify, and hold harmless Get Whys, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs,expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
7. Links
Get Whys has not reviewed all of the websites linked to the Website and is not responsible for the contents of any such linked website. The inclusion of any link on theWebsite does not imply endorsement by Get Whys of the linked website. Use of any such linked website is at the user’s own risk and is subject to the terms and conditions of use for such website.
8. Use of Name
The names, “GetWhys”, “Get Whys Inc.” and all related names, logos, product and service names, designs, and slogans are trademarks of Get Whys or its affiliates. You must not use such marks without the prior written permission of Get Whys. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You agree that Get Whys may, in its discretion and without your prior consent, use your name, trademark, trade name or logo in any publicity, promotion, news release, social media post, marketing material or other public disclosure for purposes of disclosing your relationship with Get Whys as a customer of Get Whys or a user of the Website.
9. Modifications
Get Whys may revise these Terms at any time without notice to you, in Get Whys’ sole discretion. All changes to these Terms are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. By using the Website, you are agreeing to be bound by the then current version of these Terms.
10. Waiver; Severability
No waiver by Get Whys of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Get Whys to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
11. Governing Law; Venue
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the State of Delaware; provided, that we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
