These Mosauto-Service ARTIS; Artisan Intelligence for Batch Systems Terms and Conditions of Use (“Terms and Conditions”) apply to all Sales Orders, Subscriptions, Licenses and Contracts for access to, participation in, or use of, the Mosauto-Service ARTIS, a cloud-based platform for remote monitoring of food and beverage operations (the “Service”). As used in these Terms and Conditions, the word “Service” may, if and to the extent expressly so provided by agreement, also include other options and services, including support and consulting related thereto.<\/p>\n
By accessing, using or participating in the Service, you agree to be bound by these Terms and Conditions. We may modify, add, or delete portions of these Terms and Conditions, including the pricing terms, at any time. If you do not agree to these Terms and Conditions, you must cease using the Service. If we change these Terms and Conditions, we will post a notice that we have made changes to these Terms and Conditions on the Mosauto-Service website and\/or the ARTIS web page, for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective on the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.<\/p>\nACCEPTANCE
\nAny access or use by you (“you” or the “User”) of the Mosauto-Service ARTIS platform is limited to and expressly made conditional on assent to these Terms and Conditions which supersede and reject all prior courses of dealing, or prior agreements, representations, discussions or negotiations, whether written or oral, with respect hereto and any prior or subsequent conflicting terms and conditions. The ARTIS platform is further subject to your assent and agreement to the Mosauto-Service End User License Agreement. By using the Service, you are consenting to the Mosauto-Service End User License Agreement.\n
Blentech will provide access only to those elements of the ARTIS platform to which User is contractually entitled, and as specifically listed in or on a sales order, license, subscription or contract, which is incorporated herein by this reference. Blentech assumes no responsibility for terms or conditions of, or for furnishing other cloud-based access to any other equipment or material other than those expressly contemplated herein or therein. Accessing the Service is prohibited from territories where such content of service is illegal. If you access the Service from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws. Access and use of the Service is limited to the United States and those jurisdictions where such access and use is permitted by law.<\/p>\nNO WARRANTY:
\nYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BLENTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND\/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. BLENTECH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLENTECH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.\nLIMITATION OF LIABILITY.
\nTO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BLENTECH BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BLENTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BLENTECH’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.\nDISCLAIMERS<\/u>
\nMosauto-Service is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Blentech website or the ARTIS webpage, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Mosauto-Service is not responsible for the conduct, whether online or offline, of any User.\n
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Mosauto-Service shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Mosauto-Service be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any products or services provided by Users.<\/p>\n
BLENTECH CORPORATION CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. BLENTECH CORPORATION FURTHER CANNOT GUARANTEE THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL BLENTECH CORPORATION BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.<\/p>\n
YOU AGREE THAT BLENTECH CORPORATION HAS NO SPECIAL RELATIONSHIP WITH, OR FIDUCIARY DUTY TO YOU. \u00a0YOU ACKNOWLEDGE THAT BLENTECH CORPORATION HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH INDIVIDUALS, COMPANIES OR OTHER ENTITIES GAIN ACCESS TO OR USE THE SERVICE; (II) THE CONTENT THAT YOU MAY ACCESS VIA THE SERVICE; (III) THE EFFECT THE CONTENT MAY HAVE ON YOU; (IV) HOW YOU OR OTHER INDIVIDUALS MAY INTERPRET OR USE THE CONTENT OR SERVICE; OR (V) THE ACTIONS YOU OR OTHER USERS OR PROVIDERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT OR SERVICE.<\/p>\n
WITHOUT LIMITING THE FOREGOING, BLENTECH CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; BLENTECH CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; BLENTECH CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. IN NO EVENT WILL BLENTECH CORPORATION BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR OTHER DATA.<\/p>\n
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.<\/p>\n
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT THE BLENTECH CORPORATION’ LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.<\/p>\n
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701 2711): BLENTECH CORPORATION MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. BLENTECH CORPORATION WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON BLENTECH CORPORATION’S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.<\/p>\nOWNERSHIP AND TITLE
\nAll intellectual property rights of Mosauto-Service throughout the world, registered or unregistered, whether existing now or in the future, including: (a) all patent rights and other rights in inventions and ornamental designs; (b) all copyrights and other rights in works of authorship, software, mask works, databases, compilations, and collections of information; (c) all trademarks, service marks, and other proprietary trade designations; and (d) all rights in know-how and trade secrets, ideas, designs, specifications and any other technical, commercial and\/or financial information, whether expressed in notes, letters, facsimile, memoranda, agreement, contract, analyses, report, minutes, documents, manuals, compilations, software code or formula supplied or made available by Blentech have been prepared or assembled by Blentech and are solely Blentech’s property (“Blentech Intellectual Property”). Such Blentech Intellectual Property may be available to the User through provision of the Services and shall not be reproduced or copied in any manner whatsoever, in whole or in part, except for User’s internal use as permitted and necessary, and in conformity with these Terms of Use and the End User License Agreement, and upon the further condition that, as Blentech’s sole property, they shall not be used, in whole or in part, for furnishing information to others or for any purpose not specifically authorized in writing signed by Blentech.\n
These Blentech Intellectual Property ownership provisions shall not be superseded by any printed form used in connection with or arising out of a license, subscription, sales order induced by a proposal or otherwise. The title and right of possession of the Blentech Intellectual Property made available hereunder shall remain with Blentech.<\/p>\n
“Blentech” and “ARTIS”) are trademarks of Mosauto-Service, and together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Blentech website or ARTIS webpage, are the trademarks or trade dress of Mosauto-Service in the U.S. and other countries (“Blentech Marks”).<\/p>\n
You may not use the Blentech Marks, including as part of trademarks and\/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Blentech endorses any product or service. You may not reproduce or use the Blentech Marks without the prior written permission of Blentech.<\/p>\n
All content and Blentech Intellectual Property on the ARTIS platform and otherwise available through the Service, including any User content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Mosauto-Service. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, reverse engineered, decompiled, disassembled or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions.<\/p>\n
Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access solely for express use permitted hereunder, and solely by duly authorized employees of User, on a need-to-know basis. User agrees to maintain all Site Content confidential, and to take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Blentech’s Site Content. Without limiting the foregoing, User agrees to take measures no less stringent than it takes to protect its own most highly confidential information and shall ensure that its employees with access to Site Content have signed an agreement containing substantially similar provisions related to confidential information as those contained herein before disclosing such confidential information to such employees. User agrees to maintain all Mosauto-Service copyright or other proprietary notices on all copies of Site Content.<\/p>\n
If and to the extent the Service allows or permits you to post your own information on the Mosauto-Service website or a ARTIS web page or otherwise (“User Content”), Blentech does not and shall not verify the accuracy, completeness, reliability or authenticity of any User Content, and makes no representations, warranties or covenants with respect to any User Content.<\/p>\n
When you post User Content, you grant to Blentech an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to Mosauto-Service in these Terms and Conditions, you retain ownership of your User Content.<\/p>\n
Except for your own User Content, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of Blentech or its licensors that are not expressly granted in these Terms and Conditions are reserved to Blentech and its licensors.<\/p>\n