Introduction
This website (this “Site”) is brought to you (“User”) by Cacti Software W.L.L (“EmpowerEd”). Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Policy, collectively referred to as “Terms of Use”). The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions. It is important to us that this Site provides a helpful and reliable experience to Users. To protect our rights and yours, we have prepared these Terms of Use that apply to all visitors to this Site. If you have any questions concerning the Terms of Use, please email us at info@cactisoft.com.
License
Users are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of EmpowerEd copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by EmpowerEd to do so. EmpowerEd does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Postings
To the extent that certain areas of this Site sometimes provide Users an opportunity to post messages or other information (collectively, “Postings”), be advised that EmpowerEd has no obligation to screen, edit, or review such postings prior to their appearance on this site, and Postings do not necessarily reflect the views of EmpowerEd. To the fullest extent permitted by applicable laws, EmpowerEd shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other users of this Site. EmpowerEd reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
You hereby authorize EmpowerEd to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that EmpowerEd or such other parties see fit. You shall have no claim or other recourse against EmpowerEd for infringement of any proprietary right in Postings.
Unlawful Use
As a condition of your use of this Site, you warrant to EmpowerEd that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site.
Termination
EmpowerEd reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site, or any part thereof, with or without notice. You agree that EmpowerEd will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any part thereof.
Copyright and Trademark Notices
The entire content of this Site and any supporting software are the proprietary property of Cacti Software W.L.L and/or its licensors, and are protected by international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of Cacti Software W.L.L and/or its licensors is strictly prohibited. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Cacti Software W.L.L.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of this site is at your own risk. This site is provided on an “as is” and “as available” basis. EmpowerEd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- EmpowerEd makes all necessary efforts to ensure the security and reliability of this Site and its application, however, the company does not guarantee that (i) this site will meet your requirements, (ii) this site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations, and (v) any errors or defects in this site will be corrected.
- Any material uploaded/downloaded or otherwise obtained, from this site is done at your own discretion and risk; EmpowerEd shall not be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of this site, and all servicing, repair, or correction and any damage to your hardware and software that may result from the use of this site.
Limitation of Liability
In no event shall EmpowerEd be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, damages for loss of profits, goodwill, use or data, or other intangible losses (even if advised of the possibility of such damages), resulting from: (i) the loss of data and/or the use or the inability to use this site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this site; or (v) any other matter relating to this site.
Indemnification
You agree to indemnify and hold EmpowerEd and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use, or your violation of any rights of another User.
Submissions
EmpowerEd always welcomes suggestions and comments regarding this Site from Users. Any comments or suggestions submitted to this Site or EmpowerEd, either online or offline, will become EmpowerEd’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by EmpowerEd might seem to others to be similar to their own submissions or comments.
Governing Law
The Terms of Use constitute the entire agreement between you and EmpowerEd, govern your use of this Site, and supersede any prior agreements between you and EmpowerEd concerning this Site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and EmpowerEd will be governed by the laws of the Kingdom of Bahrain without regard to its conflict of law provisions. You and EmpowerEd agree to submit to the personal and exclusive jurisdiction of the courts located within the Kingdom of Bahrain. The failure of EmpowerEd to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.