Effective as of March 23, 2020
This section applies to users who access Datasite’s public website.
By viewing Datasite's Website, you agree to the following terms and conditions:
NOTHING CONTAINED ON THIS WEBSITE CREATES ANY CONTRACT OR RIGHT OF ACTION AGAINST DATASITE. IT IS OFFERED SOLELY AS A SERVICE TO CURRENT AND POTENTIAL CUSTOMERS OF DATASITE AND DATASITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE INFORMATION CONTAINED HEREIN.
© 2020 Datasite, ALL RIGHTS RESERVED. “Datasite” is a registered trademark of Datasite in the United States and other countries. No part of this Website may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, digital transmission, imaging or any other information storage and retrieval system, without the written permission of Datasite. No copyright is claimed for public domain materials, but copyright is asserted in the editorial content applied thereto. No portion of this Website may be downloaded for other than personal, short-term use without the advance written permission of Datasite.
Baker Center, 733 S. Marquette Ave, Suite 600 Minneapolis MN 55402
Datasite's Website is designed to provide accurate and current information with regard to the subject matter covered. The Website must be read and used with the understanding that neither Datasite nor any of its subsidiaries, affiliates, successors or assigns are engaged in rendering legal, accounting, financial, or other professional advice. If expert assistance is required, the personalized service of a competent professional should be sought. Persons using the Datasite Website when dealing with specific legal or financial matters should research original sources of authority. Datasite is not responsible for any actions or inactions of other Website publishers linked to Datasite's Website, including but not limited to violations of copyright, trademark, trade dress, privacy, government secrets, or any other personal or proprietary rights of any individual or organization.
Please be aware that certain Internet access providers “cache” Websites: that is, store the images for later viewing by their customers without refreshing the information on a daily basis. Therefore, you may be looking at an obsolete version of this or any other site.
Links to Third-Party Sites
Datasite's Website contains links to other Websites. Datasite is not responsible for the contents of any linked site. Datasite does not endorse any links; they are provided only for your convenience.
Datasite Diligence™, Datasite Outreach™ and Datasite Acquire™
This section applies to users of the Datasite Diligence™, Datasite Outreach™ and Datasite Acquire™. If you only use our public website, this section does not apply to you.
You may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for any competitive purposes.
General Terms and Conditions:
Disclaimer of Liability:
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, DATASITE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, DOCUMENTS, PRODUCTS OR SERVICES ON THIS SITE; (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) ANY WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT; (4) ANY WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; AND (5) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED.
Ownership and Changes:
“Confidential Information” means proprietary information owned by or otherwise within the possession of a party, including, but not limited to, patented and unpatented inventions, copyright, know-how, business and trade secrets, marketing plans, financial information, computer programs (including source code), data, listings, flowcharts, manuals, instructions, notes and other documentation, other secret or confidential information related to the business of the party.
We will use commercially reasonable security precautions on the Website to promote the secure transmission of the Company’s Documents from the Website to you. We may act on any instructions from the Company to prohibit access to any user, and that by doing so, we are not liable to you or others for denying you any access to the Website. The Company maintains a current list of all persons authorized to access and operate the Website and will notify us of changes to such list. In no event will we be liable to you or the Company for your authorized or unauthorized access to the Website as a result of failure by you to keep your User ID and Password confidential or otherwise.
We will use commercially reasonable efforts to make the Website available for your access seven (7) days a week, twenty-four (24) hours a day, except for specific scheduled monthly downtime periods during which we will shut down the service for the purposes of system upgrades, maintenance, and backup procedures (“Scheduled Downtime”). The Scheduled Downtime is determined in our sole discretion as required for major software upgrades and network maintenance. There may be events that will make the system inaccessible for a limited amount of time due to unforeseen software, hardware, network, power and/or Internet outages (“Unscheduled Downtime”). Scheduled and Unscheduled Downtime may occur during the term of the Project and that we will not be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits, loss of data, loss of purchase price or diminution in the value of the transaction, arising as a result of Scheduled and/or Unscheduled Downtime.
The Company is the sole and exclusive owner or authorized licensee of any and all rights, title and interest (including without limitation all Intellectual Property Rights) in and to the Documents. The Company is solely responsible for providing all Documents to Datasite and, by doing so, grants Datasite a license only to the extent necessary for Datasite to provide the Service to you. The Documents on the Website have been provided by the Company, and Datasite has no responsibility for the accuracy of the Documents displayed on the Website. Except as otherwise permitted by the Company, you will have no rights to use, reproduce, display, modify or transfer the Documents or any derivative thereof.
Indemnification relating to Documents
If you post Documents to the Service for other users to view, you will hold harmless and indemnify Datasite from and against any and all damages, losses, costs and expenses (including reasonable attorneys' fees) incurred by Datasite in connection with any action or proceeding brought by a third party (excluding subcontractors and agents of Datasite) that is based on any material violation by you of any applicable law, regulation, third-party right or third-party agreement governing the posting or use of such End User Data.
The Website may contain features designed to interoperate with web-based, mobile, offline or other software applications that is provided by you or a third party and interoperates with the Website (“Non-Datasite Applications”). Datasite does not warrant or support Non-Datasite Applications. If you choose to use a Non-Datasite Application with the Website, you grant Datasite permission to allow the Non-Datasite Application and its provider to access Website as required for the interoperation of that Non-Datasite Application with the Website.
We will provide customer support via a telephone help desk, which operates 24 hours/day, 7 days/week, to address and repair problems and to answer questions regarding the use of the Website.
While using the Service, you may not knowingly post or transmit any information or software that contains a virus or other component harmful to Datasite’s data systems, and you agree to use up-to-date, industry standard virus detection tools to ensure that you do not transmit any such component. You may not circumvent or attempt to circumvent any security protocol on the Website, including but not limited to performing any penetration testing without Datasite’s consent.
You shall not and shall not permit any third party to directly or indirectly use the Website to communicate, by way of electronic communication or otherwise, any message or material that (i) is libelous, harmful to minors, obscene or constitutes pornography; (ii) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of a third party or is otherwise unlawful; or (iii) would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.
You may not (a) post, publish, transmit or exploit any information, software or other material that is obtained through the Service for commercial purposes, unless expressly permitted by the provider of such material; (b) post, publish or transmit any information, software or other material obtained through the Service that is protected by copyright or other proprietary right without the permission of the copyright owner; nor (c) de-compile (save as and to the extent that such right may not be excluded under applicable law), reverse engineer, disassemble, sublicense or create derivative works from the Website or Datasite Software.
Notices, Contacting Datasite:
Copyright 2020 Datasite LLC.