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16/12/19

Terms of Use

Effective March 26, 2018

1. Ownership of Site; Agreement to Terms of Use
These Terms of Use (the “Terms of Use”) apply to the Promethean website located at http://atlas.prometheanworld.com, (the “Site”). This Site is the property of Promethean Limited and its licensors.  By using the Site, you agree to these Terms of Use.  If you do not agree, do not use this Site. The terms “we,” “us,” and “our” as used in these Terms of Use refer to Promethean Limited. The site is intended for use only by Promethean’s Authorized Resellers.

Promethean reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  You may not use the Site or any Content on the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Promethean or others.  As long as you comply with these Terms of Use, Promethean grants you a non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. Other Terms
Additional terms may apply to specific portions or features of the Site including contests, promotions, MDF requests, demo requests, or other similar features, all of which are made a part of these Terms of Use by this reference and you agree to abide by such other terms. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

3. Intellectual Property Rights and Content on the Site
We are the owner or a licensee of all intellectual property rights in the Site including a number of trademarks relating to our brand and our products in several jurisdictions across the world. All such rights are reserved. Nothing in these Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. If you are an authorized partner of Promethean, you may have certain rights to use our logos, trademarks, and domain names; however, any such use must be granted under a separate agreement with Promethean.

All text, graphics, user interfaces, visual interfaces, photographs, sounds, music, artwork, and computer code (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned or licensed by or to Promethean, and is protected by trade dress, patent and trademark laws, copyright, and various other intellectual property rights. Any third-party trademarks and logos which may appear on the site are owned by their respective third parties.

You may use the materials and information on Promethean products and services (such as specification sheets and similar materials) purposefully made available by Promethean for downloading from the Site provided that you (i) not remove any proprietary notice language in all copies of such documents, (ii) make no modifications to any documents, materials, specifications, disclaimers, or other information, and (iii) not make any additional representations or warranties relating to such products and services.

4. Passwords; Accounts
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. Accordingly, you agree that you will be solely responsible to us for activities undertaken by your account. You agree to notify us promptly if you believe that there has been any unauthorised use of your account or any other breach of security. By using our Site, you warrant that all information provided by you is accurate and up-to-date. You should promptly notify us if any such information requires updating or amending. You may notify us at privacy@prometheanworld.com.

5. Privacy
We process information about you only in accordance with our Privacy Policy or as otherwise indicated when you submit any Personal Information about yourself. To view the Privacy Policy for this Site, go to https://atlas.prometheanworld.com/privacy-policy/.

6. Access
While we endeavour to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason the Site (or any part of it) is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.

7. Linking to the Site
You may link to the Site’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

Our Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. The website from which you are linking must not display or link to any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually-oriented, racially offensive, or otherwise objectionable material. We reserve the right to withdraw linking permission without notice.

8. Reliance on Information Posted
Materials posted on the Site are not intended to amount to advice on which reliance should be placed, nor can we offer any guarantee that any information that is posted is complete, accurate, or up-to-date. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials or information.

9. Disclaimers and Limitations of Liability
(a)  OUR SITE IS, AND THE SERVICES AND CONTENT AVAILABLE THROUGH IT ARE, PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS (SAVE TO THE EXTENT THAT ADDITIONAL OR ALTERNATIVE TERMS APPLY TO RELEVANT PARTS OF THE SITE OR THE SERVICES). ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  PROMETHEAN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  YOUR SOLE REMEDY AGAINST PROMETHEAN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES.

(b)  WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR ANY SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c)  Subject to clause (d) below, we will not be liable for loss of profits; loss of goodwill; loss of data; or any indirect, incidental, special, consequential, or exemplary loss or damage arising out of or in relation to these Terms or your use (or inability to use) the Site whether caused by tort (including negligence), breach of contract, or otherwise (even if we have been advised of the possibility of such loss or damage).

(d) Nothing in these Terms shall limit or exclude our liability:
• for death or personal injury caused by our negligence;
• under section 2(3) of the U.K. Consumer Protection Act 1987;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

(e)  If, notwithstanding the other provisions of these Terms of Use, Promethean is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Promethean’s liability shall in no event exceed £100.00 (GBP) or its equivalent in other currencies.

(f)  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the limitations set out above may not apply to you. In particular, when you are using our Site as a consumer, nothing in these Terms shall affect your statutory rights.

10. Void Where Prohibited
The atlas.prometheanworld.com Site is intended for use only by Promethean’s authorized resellers. Promethean reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited.

11. Violation of these Terms of Use
Promethean reserves the right at all times to disclose any information that Promethean deems necessary to comply with any applicable law, regulation, legal process, or governmental request.

You agree that Promethean may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, or if we determine, in our reasonable judgement, that we should terminate or block your access to the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Promethean for which monetary damages would be inadequate, and you consent to Promethean obtaining any injunctive or equitable relief that Promethean deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Promethean may have at law or in equity.

You agree that Promethean may, in its sole discretion and without prior notice, terminate your access to the Site for any reason including (but not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service or product offered on or through the Site, (4) unexpected technical issues or problems, or (5) other reasons that, in Promethean’s reasonable judgement, warrant terminating your access to the site.
You agree that Promethean will not be liable to you or to any third party for termination of your access to the Site

12. Severability
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

13. Waiver
Promethean’s failure to insist on or enforce strict performance of any of these Terms of Use shall not be construed as a waiver by Promethean of any provision or any right it has to enforce any provision of these Terms of Use, nor shall any course of conduct between Promethean and you or any other party be deemed to modify any provision of these Terms of Use.

14. Entire Agreement
These Terms of Use, as well as the Cookies Policy, and Privacy Policy collectively constitute the entire agreement between you and Promethean with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Promethean with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you may enter into with Promethean, Promethean will not accept any counter-offers to these Terms of Use with regards to your use of the Site, and all such offers are hereby categorically rejected.

15. Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of England and Wales without regard to any conflicts of laws provisions. You agree to personal jurisdiction and venue in the country of England, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

16. Feedback and Information
Any feedback you provide at this Site shall be deemed to be non-confidential.  Promethean shall be free to use all or part of such feedback or information or ideas presented without compensation to you and on an unrestricted basis.

17. Contact Us
For questions about the Site or Content on the Site or for questions about Promethean products and/or services, please email intl.partner@Prometheanworld.com.

© 2019 Promethean Limited. All rights reserved.