WEBSITE TERMS OF USE

 

These website terms of use (“Terms”) apply to your use of our website www.commerceexperience.com (“Website”).


Please note that these Terms apply, regardless of the means of delivery of the Website to you.
Read these Terms carefully prior using and accessing the Website. By using the Website, you indicate that you have read and accepted these Terms and agree to abide by and be bound by these Terms (as modified from time to time). If you do not accept these Terms, please refrain from using the Website.


Please note that we may change these Terms from time to time without notice so you should review them each time that you visit the Website.

 

  1. ABOUT US

 

  1. This Website is operated by Bloomreach Inc., Company ID C3188045, reg. address at 3500 South DuPont Highway, City of Dover, County of Kent, DE, with its headquarters address at 82 Pioneer Way, Mountain view, CA 94041 and its affiliates (“Bloomreach“ or “we”) and shall provide you with relevant information regarding e-commerce.

  2. You acknowledge and agree that if you rely on the Website or any content on the Website, especially any information herein, you do so solely at your own risk.

 

  1. USE OF WEBSITE

 

  1. Nothing contained herein shall be interpreted as the obligation of Bloomreach to operate or ensure availability of the Website. Bloomreach is entitled to limit, suspend, or terminate operation of the Website at any time at its sole discretion.

  2. The user is obliged to use the Website in accordance with the purpose for which it was provided and in compliance with these Terms and all applicable laws. The user shall not use the Website: (i) in any way that causes, or is likely to cause, interruption, damage, or impairment to the Website in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

 

  1. USE OF DATA

 

  1. All processing of personal data on Website is governed by these Terms as well as our  Privacy Policy. 

  2. This Website is not directed to children, including anyone under the age of sixteen (16). Bloomreach will not knowingly collect or process any Personally Identifiable Information/Personal Data from anyone under the age of sixteen (16) through this Website. If you are under the age of sixteen (16) you should refrain from using this Website. 

  3. Bloomreach shall have the right to collect and analyse data, feedback suggestions and other information relating to the provision, use and performance of Website and to use such information and data without any restriction or compensation of any kind to improve and enhance Website and/or other services related to Website or for further development, diagnostic and corrective purposes in connection with the Website and/or other services. 

  4. If the user provides Bloomreach with any reports of defects and/or suggests modifications (“Report”), Bloomreach shall have the right to use such Report, including incorporating such Report into Website or any other services and/or product, without any obligation to the user. The user agrees that only Bloomreach shall have the right to enhance or otherwise modify Bloomreach products and services. Unless specifically agreed otherwise in writing, Bloomreach reserves all rights and grants the user no licenses of any kind, whether by implication or otherwise. Bloomreach shall own and retain all right, title and interest in and to (a) Website and all improvements, enhancements or modifications thereto or to its other services and/or products; (b) any software, applications, inventions or other technology developed in connection with use of Website; and (c) information derived from analytical data, and (d) all intellectual property rights related to any of the foregoing. 

 

  1.  INTELLECTUAL PROPERTY RIGHTS

 

  1. All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Bloomreach and/or third parties and are protected by copyright, authors’ rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Bloomreach’s prior written consent.

  2. We hold and retain (or are a licensee of) all intellectual property rights on Website structure and all content included in or made available through us, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Bloomreach, our partners and/or third parties and are protected by copyright, authors’ rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Bloomreach’s or authorised third party’s prior written consent.

  3. You may use Website and its content solely for personal, non-commercial, and private use subject to applicable copyright laws. You may not use any part of the Website structure without obtaining specific license to do so from us. You may not use any of the Website content or content from third parties or, as the case may be, any other authorized licensor without obtaining a specific license.

  4. You may not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material made available through Website without being granted written permission to do so.

  5. You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to i) access and extract information from Website via automated means; ii) make any steps which may cause an extraordinary load on Website; or iii) deep-link, mirror or frame any parts of Website.

  6. Nothing contained on this site should be construed as permission for you or for anyone else to possess any license or right to use any trademarks or other intellectual property of Bloomreach, our partners or any third parties. 

  7. In case you think that any intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the following email address legal@bloomreach.com, such notice must include:

    1. Identification of protected material, which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);

    2. Description of how the relevant protected material is being infringed and role of our Website therein;

    3. Determination of owner/holder of protected material and his consent with sending this notice to us;

    4. our contact address; and

    5. Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.

 

  1. WARRANTY AND LIABILITY

 

  1. You shall defend, indemnify and hold harmless Bloomreach from and against any and all damages, costs, expenses, liabilities, claims and causes of action, including, without limitation, reasonable attorneys’ fees, expenses and costs in the defence and disposition of such matters and in relation to enforcing this indemnification provision (together, “Damages”) in any way arising by reason of or relating to any claim by any third party (including any governmental authority) arising from or relating to a claim that

    1. you have in any way infringed, misappropriated, breached or violated any copyright, patent, trade secret or other intellectual property right of Bloomreach or any third party and

    2. your gross negligence or wilful misconduct, or (iii) your violation of applicable legislation or these Terms.

  2. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WEBSITE PROVIDED BY BLOOMREACH AND ANY CONTENT THEREIN IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BLOOMREACH EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLOOMREACH MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY BLOOMREACH CONTENT. Bloomreach makes no warranty that the Website or any Bloomreach content therein will meet your or any user’s requirements or be available on an uninterrupted, secure, virus-free or error-free basis. Bloomreach makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Website or any of its content, any service levels with respect to Website or any Bloomreach content therein. 

  3. The information or any other content on the Website is for information purposes only and does not constitute advice. Such information or any other content may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Website and use your own judgement before doing or not doing anything on the basis of such information or any other content. YOU ACKNOWLEDGE AND AGREES THAT IF YOU RELY ON THE WEBSITE OR ANY CONTENT ON THE WEBSITE YOU DO SO SOLELY AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE AND AGREE THAT NEITHER US NOR OUR AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ITS CONTENT OR RELATED SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. NO REPRESENTATIONS OR WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIAL PROVIDED ON THE WEBSITE.

  4. NEITHER BLOOMREACH, ITS AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING WEBSITE, ITS CONTENT OR RELATED SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OTHER SERVICE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLOOMREACH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event shall Bloomreach be liable to you for more than the amount of any actual direct damages up to the amount of one hundred (100) dollars. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  5. You also acknowledge and understand that, with respect to any dispute with Bloomreach, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:

    1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and 

    2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. 

  6. This Website might contain third party advertisements and/or links to other sites. Inclusion of these advertisements and/or sites does not imply any endorsement of such linked sites or any association with their services or content. Bloomreach does not control any content of these advertisements or sites. Bloomreach does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Therefore, Bloomreach shall not be responsible for the contents of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements or your use thereof.

 

  1. GENERAL LEGAL TERMS

 

  1. Bloomreach shall not be treated as having waived any rights by not exercising or delaying the exercise of any rights under these Terms or under applicable laws.

  2. In the event one or more provisions of these Terms shall, or shall be deemed to, be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms shall not be affected thereby.

  3. Bloomreach shall not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, insurrection, epidemic, strikes, floods, acts of terror, labour action, terrorism, denial of service attacks or other malware/virus attacks other events beyond party’s reasonable control.

  4. All communication (including any notice having a legal effect) shall be done solely by electronic means and shall be sent to the email address legal@bloomreach.com or as otherwise notified from time to time by Bloomreach.

  5. Severability. The provisions of these Terms are severable, and if any part of them is held to be illegal or unenforceable, the validity or enforceability of the remainder of them will not be affected.

  6. Bloomreach shall be entitled to change these Terms at its sole discretion at any time without notice. Bloomreach shall publish the Terms through Website and you are obliged to check from time to time whether new Terms are published. Your continued use of Website is deemed as your acceptance of the new Terms. If you do not agree with these new Terms, you shall cease using Website.

  7. These Terms and any dispute or claims arising out of or in connection with it or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with laws of the state of California without regard to its conflict of law provisions. You and Bloomreach agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Website under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Santa Clara in the state of California. You covenant not to sue Bloomreach in any other forum.