Use of Site. Binaree, Inc. ("Binaree") authorizes you to view and download the materials at this website ("Site") solely for non-commercial use within your organization to acquire, use, and support Binaree products and services, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are the intellectual property and copyrighted works of Binaree or a third party provider and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. Binaree does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. All rights, title and interest not expressly granted with respect to the Site and materials are reserved. If you breach these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded, copied or printed materials. Additional terms and conditions may apply to your use of forums and additional services available through this Site. Such terms and conditions are available for your review and acceptance before your use of such forum or additional service.
Restrictions. You may not access, scrape, search, crawl or otherwise attempt to use or extract data from this Site in any manner other than as expressly permitted by these Terms. You may only access and use this Site by manual request and not programmatically by macro, robot, or other automated means, and you may not, directly or indirectly, (i) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, data, products or services obtained from this Site, (ii) access or use this Site through, or in connection with, any software product other than through customary Web browsers, (iii) use any software tools, procedures or instructions, manual or technical process, or other technologies, to monitor or access content or data available on this Site, (iv) otherwise “meta-search” this Site or send, or cause to be sent, any automated queries of any sort to this Site, (v) use any device, hardware or software to bypass any security system on this Site, (vi) use this Site in any manner that could damage, disable, overburden or impair this Site, or (vii) attempt to gain unauthorized access to this Site, other accounts, computer systems or networks connected to or associated with this Site.
Use of Software. If you download software from this Site, use of the software is subject to license terms applicable to the software. You may not download or install the software until you have read and accepted the applicable license terms. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT.
Account. If you register for this Site, you will be provided with an account(s) (an “Account”). You are responsible for maintaining your Account and for any communications sent from your Account. You will immediately notify Binaree in writing of any unauthorized use of your Account that comes to your attention. You will provide Binaree with such cooperation and assistance related to any such unauthorized use as Binaree may reasonably request. You will not share your account with others inside or outside your company. You will use your company email address(es) in your account credentials unless no company email exists. You will notify Binaree should you no longer require the account. By registering for an Account, you understand that Binaree or Binaree’s third party partners may send you communications or data, including but not limited to: (i) notifications and emails about your use of this Site and your Account, including any notices concerning violations of use; (ii) updates to the Site and your Account; and (iii) promotional information and materials regarding additional products and services via electronic mail.
User Submissions. Any information, material or communication you transmit to or through this Site shall not be held in confidence by Binaree (“Communications”). By transmitting Communications, you grant Binaree an unrestricted, perpetual and irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those Communications for any and all commercial or non-commercial purposes. You also agree that Binaree is free to use any ideas, concepts, know-how, or techniques that you transmit for any purpose. You are prohibited from transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any third party’s intellectual property or proprietary rights. Binaree may, but has no obligation to remove Communications that include any material it deems in its sole discretion to be abusive, defamatory, obscene, offensive, threatening, libelous, pornographic or otherwise unacceptable or that violates any third party’s intellectual property rights or these Terms. Binaree, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, trade secret, or otherwise. To the extent permitted by law, you agree to indemnify and hold Binaree and its affiliates and each of their respective shareholders, directors, officers and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Communications you transmit or otherwise make available through this Site, your use of this Site or violation of these Terms.
Privacy. Binaree’s Privacy Statement applies to your use of this Site and is incorporated into these Terms by reference. Personally identifiable information that you submit to Binaree will be handled in accordance with our Privacy Statement.
Links to Other Websites. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Binaree has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Binaree does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Linking to This Site. You may link to this Site provided you comply with all applicable laws and the linking website does not (1) replicate Binaree content; (2) create a browser or border environment around Binaree content; (3) imply that Binaree is endorsing it or its products; (4) misrepresent its relationship with Binaree; (5) present false information about Binaree products or services; (6) use the Binaree logo without permission from Binaree; and (7) contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age groups.
Newsletters. When you visit this Site or when you create an account with Binaree, you may accept to receive one or more of our newsletters. At any time, you may opt-out of receiving these newsletters by selecting the "unsubscribe" link at the bottom of any newsletter, or by contacting Binaree at email@example.com or by clicking on the unsubscribe button present on the Privacy Statement.
Warranty Disclaimer. TO THE EXTENT ALLOWED BY APPLICABLE MANDATORY LAW, THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. BINAREE, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY ACCORDING TO APPLICABLE MANDATORY LAW.
Additional Disclaimers. Binaree does not warrant the accuracy and completeness of the materials at this Site. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site. Binaree may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Binaree makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Binaree business contact for information regarding the products, programs and services that may be available to you.
Limitation of Liability. IN NO EVENT WILL BINAREE, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Binaree, Binaree’s subsidiaries and affiliated companies, and their officers, directors, agents, partners and employees (individually and collectively, the “Binaree Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; and (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).You agree to promptly notify Binaree Parties of any third-party Claims, cooperate with Binaree Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Binaree Parties will have control of the defense or settlement, at Binaree’s sole option, of any third-party Claims.
Copyright Policy/DMCA. You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Binaree may terminate an account, deny access to this Site or a service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Pursuant to Title 17 of the United States Code, Section 512, Binaree has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. If you believe your copyright or other intellectual property right is being infringed by a user of an Binaree website, please send an email to the following Binaree contact: Attn: DMCA Copyright Contact firstname.lastname@example.org
Your email must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Binaree to locate that material; (d) contain adequate information by which Binaree can contact you (including postal address, telephone number, and email address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the email is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
General. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
Disclosure; Forward-Looking Statements. This Site may contain forward-looking statements. Forward-looking statements may include, but are not limited to, information regarding Binaree’s future revenues, earnings and profitability; the future demand for the company’s products and services; customer expectations; and revenue and non-GAAP earnings guidance. These forward-looking statements involve risks and uncertainties that could cause Binaree’s results to differ materially from management’s current expectations. Such risks and uncertainties include, but are not limited to, unforeseen changes in the strength of our customers’ businesses, unforeseen changes in the demand for current and new products, technologies, and services, and the risk that we are not able to realize the savings expected from integration and restructuring activities.
In addition, other risks that Binaree faces in running its operations include the ability to execute successfully through business cycles; the ability to meet and achieve the benefits of its cost-reduction goals and otherwise successfully adapt its cost structures to continuing changes in business conditions; ongoing competitive, pricing and gross-margin pressures; the risk that our cost-cutting initiatives will impair our ability to develop products and remain competitive and to operate effectively; the impact of geopolitical uncertainties and global economic conditions on our operations, our markets and our ability to conduct business; the ability to improve asset performance to adapt to changes in demand; the ability of our supply chain to adapt to changes in demand; the ability to successfully introduce new products at the right time, price and mix; the ability of Binaree to successfully integrate recent acquisitions; and other risks detailed in Binaree’s filings with the Securities and Exchange Commission, including our Annual Report on Form 10-K and Quarterly Report. Forward-looking statements are based on the beliefs and assumptions of Binaree’s management and on currently available information. Binaree undertakes no responsibility to publicly update or revise any forward-looking statement.
Availability of Products and Services. This Site may contain references to specific Binaree products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact Binaree for further information.
Miscellaneous. The failure of Binaree to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Communications and transactions between us may be conducted electronically. Binaree reserves the right to modify the Site or to suspend or stop providing all or portions of the Site at any time. Binaree is not responsible for any loss or harm related to your inability to access or use the Site. If any provision or part of a provision of these Terms is deemed unlawful, void or unenforceable, that provision or part of the provision is severable from these Terms and does not affect the validity and enforceability of any remaining provisions.