Terms of Use

Wasabi Technologies, Inc.
Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF, OF WASABI TECHNOLOGIES, INC. (“WASABI”), ITS AFFILIATES, OR ITS AGENTS (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE, OR COMPLETING ANY REGISTRATION PROCESS, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, AND (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WASABI. IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT AUTHORIZED TO AND YOU SHALL NOT USE THE SITE. THE TERMM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFED AS THE USER WHEN YOU USE OR REGISTER ON THE SITE.

Wasabi may provide data storage services (the “Storage Services”) to you through this Site subject to these Terms and the Storage Platform Terms of Use.

Wasabi reserves the right to withdraw or amend this Site, and any service or material provided on the Site, in Wasabi’s sole discretion without notice. Wasabi will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Wasabi may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

The Site and Online Conduct

This Site information about Wasabi’s products and services, news, and other content from Wasabi and third parties and access to Wasabi’s Storage Platform. Portions of this Site may also allow users to communicate or share information with Wasabi or others. You may use the Site only for lawful purposes and in accordance with these Terms. When using this Site, you understand and agree that:

  • You will only use this Site as intended, and will not use this Site in any way that violates any applicable federal, state, local or international law or regulation;
  • You will not disrupt, interfere, infect, or alter (or attempt to do any of the foregoing) the Site in any way;
  • While using any forums or other social networking tools, you will conduct yourself appropriately and communicate with other users professionally and respectfully;
  • You may not obstruct, remove, or otherwise alter any proprietary rights, compliance, or other notices that may be provided with the content or services on the Site;
  • You will ensure all persons who access the Site through your internet connection are aware of these Terms and comply with them; and
  • Wasabi may, at any time and for any reason, terminate or block your access to this Site, or remove or alter the Site (or any portion thereof).

You may create an online user profile consisting of a username, password, and other information that you provide. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. Any personal information you provide will be subject to Wasabi’s Privacy Policy, and you consent to all actions Wasabi takes with respect to your information consistent with Wasabi’s Privacy Policy.

You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames and passwords, and for any activity associated with your online user profile. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. In the event that your username and password are compromised or you are aware of any unauthorized activity being conducted with your user credentials, you agree to immediately notify Wasabi.

Intellectual Property

You understand and agree that Wasabi or its licensors holds all right, title, and interest to the Site and all intellectual property, material, content, features, or services provided through the Site, and the design, selection and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation.

You understand and agree that you may only use the content available on this Site as provided to you through the Site, unless otherwise expressly provided by Wasabi. You may not copy, modify, create derivative works from, distribute, reverse engineer, alter, or decompile any content or intellectual property contained in or provided through this Site without Wasabi’s prior written consent. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at Wasabi’s option, return or destroy any copies of the materials you have made. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Wasabi maintains trademarks, service marks, logos, domain names, and other branding material for its organization, products, and services, and has a strong interest in maintaining the integrity of its intellectual property and brand. You understand and agree that you will not use any Wasabi trade or service mark, whether or not such marks are registered, without the prior written consent of Wasabi.

Privacy

The protection of your information privacy and security is important to Wasabi. Please review Wasabi’s Privacy Policy to better understand how we collect, protect, and use your information. Additionally, Wasabi may collect and use information about general use of this Site to improve your experience, and better provide products and services. This may involve the use of cookies, which may be disabled through your Web browser.

Links to Third-Party Sites

This Site may contain links to third-party sites, including some operated by our business partners or clients. You understand and agree that Wasabi has no control over these third-party sites, and that Wasabi is not liable for any damages, losses, or expenses that you may incur while using third-party sites. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further understand and agree that any links, references, logos, or news relating to third parties does not constitute an endorsement of, an advertisement for, or partnership with any such third party.

Additional Terms and Conditions

Wasabi may host additional Web sites (or portions of this Site) or allow you to access additional services or content, some of which may be provided by third parties. These sites, services, and content may be subject to additional or modified terms and conditions. Any such additional terms and conditions will be provided or made available to you prior to or when accessing these sites, services, or content; and may be provided to you through a hyperlink, a click-through agreement, or other similar means. As with this Site, your use of other Wasabi Web sites, services, or content will constitute your continued acceptance of any additional or modified terms and conditions.

User-Provided Content

While using the Site, you may be asked to and may provide to feedback, commentary, information, or other content (collectively, “User-Provided Content”) to Wasabi and other users. Any User-Provided Content you provide to Wasabi will be considered non-confidential and non-proprietary. You grant to Wasabi a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute any User-Provided Content provided through this Site; and acknowledge and warrant that you have the right and authority to provide such license to Wasabi. You understand and acknowledge that you are responsible for any User-Provided Content you submit or contribute, and you, not Wasabi, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Wasabi is not responsible, or liable to any third party, for the content or accuracy of any User-Provided Content posted by you or any other user of the Site. Wasabi has the right to 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.

Termination of these Terms

These Terms will continue until either party chooses to terminate them. This may be done by (1) you at any time upon receipt by Wasabi of written notice of your termination and your ceasing to use and access the Site immediately; or (2) Wasabi at any time upon notice to you. If you access or use the Site after providing notice to Wasabi, you are assenting to these Terms anew. Termination of these Terms by either party shall terminate any rights you may have to use any content provided through this Site, including your access and use to the Storage Platform. Further, any licenses provided to Wasabi to use User-Provided Content shall remain in effect unless otherwise agreed to in writing by the parties. Provision and termination of your access to the Storage Platform are governed by the Storage Platform Terms of Use below. Provision and termination of other online services may be governed by separate agreements.

Exclusion of Warranties for Your Use of the Site

You understand that Wasabi cannot and does not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Wasabi’s Site for any reconstruction of any loss data. WASABI 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

WASABI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WASABI DOES NOT WARRANT AND MAKES NO REPRESENTATIONS THAT THIS SITE (OR ANY PORTION THEREOF) WILL MEET YOUR NEEDS OR EXPECTATIONS; WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; OR WILL INFORMATION THAT IS CURRENT, ACCURATE, OR SHOULD BE RELIED UPON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Without limiting the foregoing, any warranties, representations, indemnities or limitations of liabilities related to the Storage Platform are provided in the Storage Platform Terms of Use.

Limitations of Liability

IN NO EVENT WILL WASABI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, PERSONNEL, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCURRED BY YOU, UNDER ANY THEORY OF LIABILITY AND HOWEVER IT MAY BE CAUSED, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR REPUTATIONAL HARM, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR HARM CAUSED BY INACCURACY OF THE DATA OR SERVICES PROVIDED (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE SITE, PERMANENT REMOVAL OF CONTENT FROM THE SITE (INCLUDING USER-PROVIDED CONTENT), OR BREACHES OF THESE TERMS BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Wasabi, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User-Provided Content, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Changes to these Terms

Wasabi may, from time to time, change these Terms with or without notice to you. It is your responsibility to review the most current version of these Terms prior to use of the Site. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

General Legal Terms

These Terms and your use of this Site are subject by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any dispute arising from or related to these terms may only be brought in the courts located in Suffolk County, Massachusetts. Although you may access this Site in other states or countries, your use of this Site still subjects you to the exclusive jurisdiction of these courts. These Terms are provided to you in any language other than English are for your convenience only; the English-language version will govern use of this Site.

Wasabi may occasionally provide you notices about changes to this Site, including the services and content provided in it. Such notices may be provided via email, standard mail, or through the Site.

You also understand and agree no waiver of by Wasabi of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wasabi or any Wasabi affiliate to enforce their rights under these Terms or at law will not be considered a waiver of such rights.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms, the Wasabi Privacy Policy, and the Storage Platform Terms of Use constitute the entire agreement between you and Wasabi regarding your access and use of the Site, and may be modified or changed only upon separate written agreement provided by Wasabi. These Terms supersede any previous terms, conditions, or agreements of the parties regarding the use of the Site.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to info@wasabi.com.

Disclaimer

©2017 Wasabi Technologies, Inc. All rights reserved. WASABI and the WASABI Logo are trademarks of Wasabi Technologies, Inc. and may not be used without permission of Wasabi Technologies, Inc. All other brand names mentioned herein are for identification purposes only and may be the trademarks of their respective holder(s).