This Website is offered and available to users who are 18 years of age or older, and reside in the US and Canada or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Tenon and meet all of the foregoing eligibility requirements.
2. Accessing the Website and Account Security
2.1 We reserve the right to withdraw or amend this Website or App, and any Service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.
2.2 You are responsible for both:
2.2.1 Making all arrangements necessary for you to have access to the Website or App.
2.4 If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (the “User Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your User Credentials.
2.5 By enrolling in the Services and accessing it using your User Credentials, and any other security and identification methods as we may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any Tenon procedures and processes to obtain any User Credentials, or to further access or use the Services.
YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USER CREDENTIALS OR ANY OTHER BREACH OF SECURITY.
3. Provisioning Other Users
3.1 This Website is accessed via credentials given to you (the “Authorized User”) for accessing the Services. You acknowledge and agree to the below.
3.2 We may supply you with (or provide you the ability to create) usernames and passwords (the “Authorized User Accounts”) that will permit access to the Services. You shall be solely responsible for communicating all Authorized User Account credentials to Authorized Users, and shall, at a minimum, use commercially reasonable methods to ensure the confidentiality of such Authorized User Account credentials.
3.3 No right of sublicense is granted to you; provided, however, that you may permit third-party vendors, outsourcers and other service providers to access and/or use the Services pursuant to the rights granted to you and Authorized Users hereunder on behalf, and for the benefit, of you or the Customer.
3.4 The Authorized User shall be solely responsible for any activity occurring via the Authorized User Accounts.
3.5 We may employ certain technical controls for the administration of the Authorized User Accounts, including password selection and complexity requirements, multi-factor authentication, and verification procedures.
4. Intellectual Property Rights
4.1 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 Tenon, 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.
4.2.1 Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
4.2.2 You may store files that are automatically cached by your Web browser for display enhancement purposes.
4.2.3 You may print one copy of a reasonable number of pages of the Website for your own records and non-commercial use and not for further reproduction, publication, or distribution.
4.2.4 If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
4.3 You must NOT:
4.3.1 Modify copies of any materials from the Website.
4.3.2 Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4.3.3 Access or use the Website or Services for any commercial purposes other than as set forth above.
Tenon’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Tenon or its affiliates or licensors. You must not use such marks without the prior written permission of Tenon. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Except where disclosure is required for legal, accounting, or regulatory purposes, you and Tenon agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of Tenon without your consent. You acknowledge and agree that Tenon may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by Tenon. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of Tenon, and may not be used by you, your agents, employees or others, without our prior written consent. In certain circumstances, Tenon may require you to enter into licensing or use agreements with regard to any software programs provided by or through Tenon for you use in receiving any Services; and you hereby agree to enter into such licensing or use agreements.
7. Prohibited Uses
7.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
7.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
7.4 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
7.5 To impersonate or attempt to impersonate Tenon, a Tenon employee, another user, or any other person or entity (including, without limitation, by using email addresses, user name, or screen names associated with any of the foregoing).
7.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm Tenon or users of the Website, or expose them to liability.
7.7 You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Website or Services to any other person, except Authorized Users (defined below).
Additionally, you agree not to:
7.8 Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
7.9 Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
7.11 Use any device, software, or routine that interferes with the proper working of the Website.
7.12 Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7.13 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
7.14 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
7.15 Otherwise attempt to interfere with the proper working of the Website p.
8. User Activity Contributions
8.1 The Website may contain interactive features (collectively, “Interactive Services”) that may allow users to post, submit, upload, publish, display, or transmit to Tenon, or other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
8.2 When you provide us with User Contributions, your hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Contributions in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for Tenon to provide, promote, and improve the Services and to make User Contributions available to other companies, organizations or individuals.
8.3 You represent and warrant that:
8.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
8.4 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Tenon, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
8.5 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
9. Copyright Violations
9.1 The services provided by Tenon through the Services require the use of potentially copyrightable material such as photographs, video recordings, audio recordings, and works of authorship. Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement if they have a good-faith belief that their protected works are being infringed. If you want to send us notices or service of process, please contact us:
ONLINE at: firstname.lastname@example.org
OR BY MAIL at:
Tenon Software, Inc.
Attn: DMCA Agent
830 Massachusetts Ave Suite 1500 Floor 3
Indianapolis, IN 46204
9.2 Please write: “Infringing Content” on the envelope or cover sheet to speed up processing of your request. To be effective, your notification to us must be in writing and include:
9.2.1 A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
9.2.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
9.2.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
9.2.4 Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
9.2.5 A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
9.2.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Monitoring and Enforcement; Termination
10.1 We have the right to:
10.1.1 Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
10.1.3 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
10.1.4 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
10.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Tenon AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Tenon OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER Tenon OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10.3 We do not undertake to review any material or User Contributions before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Visits to the Website
13. Other Terms and Conditions
13.1 Your use of the Services may also be affected by other agreements (collectively, the “Additional Agreements”) with us for your Tenon accounts and/or agreements with affiliate accounts linked to the Services.
14. Links from the Website or App
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website or Apps linked to this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such Website or Apps.
15. Geographic Restrictions
We provide this Website and Services for use only by persons located in the US and Canada. We make no claims that the Website or any of its Services or content is accessible or appropriate outside of the US and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you use or access the Website from outside the US and Canada, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties
You understand that we cannot and do 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 TO 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 TENON NOR ANY PERSON ASSOCIATED WITH TENON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TENON NOR ANYONE ASSOCIATED WITH TENON 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 OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TENON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TENON, ITS PERSONNEL, 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 IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR APPLICATIONS, 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 limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct .
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Governing Law and Jurisdiction
20. Waiver and Severability
21. Entire Agreement
22. Your Comments and Concerns
This Website is operated by Tenon Software Inc., having its principal place of business at 830 Massachusetts Ave, Suite 1500, Floor 3, Indianapolis, IN 46204.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the Contact Information below.
23. Contact Information