AGREEMENT BETWEEN USER AND ASSIMILATE SOLUTIONS, LLC
The Assimilate Solutions web site is comprised of various web pages operated by US based Assimilate Solutions, LLC.
The Assimilate Solutions web site is offered to you on your unconditional acceptance without modification of any of the terms, conditions, and notices contained herein. Your use of the Assimilate Solutions web site constitutes your unconditional and irrevocable agreement and acceptance to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Assimilate Solutions web site, you covenant, undertake and warrant to Assimilate Solutions that you will not use it’s web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Assimilate Solutions web site in any manner in which could damage, disable, overburden, or impair the Assimilate Solutions web site or interfere with any other party's use and enjoyment of the Assimilate Solutions web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Assimilate Solutions web site.
You agree that you shall NOT do any of the following, nor use the Assimilate Solutions web sites to do any of the following:
Upload, post, email, transmit or otherwise make available any information, material or other content (collectively "Content") that is unlawful harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, pornographic, libelous, invasive of another’s privacy, false, inaccurate, misleading, incomplete, stale, hateful, or racially, ethnically or otherwise objectionable, offensive or inappropriate;
Harm minors in any way;
Impersonate any person or entity, including but not limited to a Assimilate Solutions employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Assimilate Solutions web sites;
Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any content that in fringes any patent, trademark, trade secret, copyright, or other proprietary rights, publicity rights, privacy rights or other rights of Assimilate Solutions, or any third party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Assimilate Solutions web sites or servers or networks connected to the Assimilate Solutions web sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Assimilate Solutions web sites;
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian Government as a foreign terrorist organization;
"Stalk" or otherwise harass another user or third-party;
Collect or store personal data about other users or third party;
Use any device, software or routine, including but not limited to any viruses, spyware, malware, Trojan horses, worms, time bombs, cancel bots or denial-of-service attacks, intended to damage or interfere with the proper working of the Assimilate Solutions web sites or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Assimilate Solutions web sites;
"Frame" or "mirror" the Assimilate Solutions web sites or any portion thereof;
Take any action that imposes an unreasonable or disproportionately large load on the Assimilate Solutions infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques;
Use the Assimilate Solutions web sites in any manner if you are a competitor of Assimilate Solutions, including without limitation soliciting professional / candidates, or employees of Assimilate Solutions for any purpose whatsoever;
Resell or make available to any non-user any of the Assimilate Solutions’ services, the Assimilate Solutions web sites or any content on the Assimilate Solutions web sites, or use the Assimilate Solutions web sites for any unlawful, commercial, research or information gathering purposes; or
Delete or revise any material posted by another user on the Assimilate Solutions web sites, access data not intended for you on the Assimilate Solutions web sites, or log into an account that you are not authorized to access.
USE OF COMMUNICATION SERVICES
The Assimilate Solutions web sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Assimilate Solutions has no obligation to monitor the Communication Services. However, Assimilate Solutions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Assimilate Solutions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Assimilate Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Assimilate Solutions' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Assimilate Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Assimilate Solutions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Assimilate Solutions spokespersons, and their views do not necessarily reflect those of Assimilate Solutions.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Assimilate Solutions OR POSTED ON ANY Assimilate Solutions web sites
Assimilate Solutions does not claim ownership of the materials you provide to Assimilate Solutions (including feedback and suggestions) or post, upload, input or submit to any Assimilate Solutions web sites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your submission you are granting Assimilate Solutions, its affiliated companies and necessary sub-licensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Assimilate Solutions is under no obligation to post or use any submission you may provide and may remove any submission at any time in Assimilate Solutions' discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGHTHE ASSIMILATE SOLUTIONS WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASSIMILATE SOLUTIONS AND/ORITS AUTHORIZED SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ASSIMILATE SOLUTIONS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ASSIMILATE SOLUTIONS WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS ANDYOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOURSITUATION.
ASSIMILATE SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ASSIMILATE SOLUTIONS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCHINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "ASIS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ASSIMILATE SOLUTIONS AND/OR ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Assimilate Solutions AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTEDWITH THE USE OR PERFORMANCE OF THE Assimilate Solutions WEB SITE, WITH THE DELAYOR INABILITY TO USE THE ASSIMILATE SOLUTIONS WEB SITE OR RELATED SERVICES, THE PROVISIONOF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICESAND RELATED GRAPHICS OBTAINED THROUGH THE ASSIMILATE SOLUTIONS WEB SITE, OR OTHERWISEARISING OUT OF THE USE OF THE ASSIMILATE SOLUTIONS WEB SITE, WHETHER BASED ON CONTRACT,TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASSIMILATE SOLUTIONS ORANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOMESTATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIEDWITH ANY PORTION OF THE ASSIMILATE SOLUTIONS WEB SITE, OR WITH ANY OF THESE TERMSOF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ASSIMILATE SOLUTIONS WEB SITES.
The Assimilate Solutions web sites (including all content thereon) and all intellectual property rights in or related to the Assimilate Solutions web sites, including but not limited to copyrights, patents, trademarks, service marks and any feedback left by Users on the Assimilate Solutions web sites, are owned and/or licensed by Assimilate Solutions, and all right, title and interest in the Assimilate Solutions web sites, the Assimilate Solutions’ related services and the related intellectual property rights, are and shall remain Assimilate Solutions’ sole property. This includes, without limitation, the "assimilatesolutions.com" and assimilatesolutions.com design logo, and certain other names and logos used by Assimilate Solutions, all of which are service marks or trademarks of Assimilate Solutions. This also includes, without limitation, the "look and feel" of the Assimilate Solutions web sites (including design, layout, color combinations, shapes and other graphical elements), which is protected by Assimilate Solutions’ service marks, trademarks and copyrights.
Assimilate Solutions reserves the right, in its sole discretion, to terminate your access to the Assimilate Solutions web site and the related services or any portion thereof at any time, without notice.
Use of the Assimilate Solutions web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Assimilate Solutions as a result of this agreement or use of the Assimilate Solutions web site. Assimilate Solutions' performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Assimilate Solutions' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Assimilate Solutions web site or information provided to or gathered by Assimilate Solutions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Assimilate Solutions with respect to the Assimilate Solutions web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Assimilate Solutions with respect to the Assimilate Solutions web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
You hereto agree, that all disputes and differences arising between them in connection with regard to usage of this site, content and/or any matter relating thereto or arising there from or as to the interpretation thereof, shall be referred to the sole arbitration to be chosen by Assimilate Solutions, whose decision shall be final and binding on you. You also agrees that they you shall have no objection to Assimilate Solutions choosing the sole arbitrator. The arbitration proceedings shall be in Tucson, Arizona, USA.
COPYRIGHT AND TRADEMARK NOTICES:
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notices: Any notice required or permitted to be given hereunder shall be in writing and sent by prepaid registered mail or by a courier service, in the manner as elected by the Party giving such notice to the designated address of the Assimilate Solutions- kindly refer “Contact Us” link as available on the website.
Assimilate Solutions has implemented ISO 27001:2013 Information Security Management System. Certificate issued by Intertek.
Assimilate Solutions has been issued SSAE 16 Type II report.