BY LOGGING ONTO OR USING ANY OF THIS SITE THAT IS NOT OPEN TO THE PUBLIC, EACH USER REPRESENTS AND WARRANTS TO KLIR THAT THE INDIVIDUAL IS A DULY AUTHORIZED USER OF YOUR COMPANY AND AGREES TO USE THIS SITE ONLY AS AN AGENT FOR AND ON BEHALF OF YOUR COMPANY AND IN FULL COMPLIANCE WITH THESE SITE TERMS OF USE AND THE LICENSE AGREEMENT.
Site Functions, Procedures and Availability
All solutions, information and functionality of the Site are determined by Klir, in its sole discretion, from time to time.
Notices
Certain notices or messages may appear on or through the Site to alert the User about updated features and functionality for the Site.
Availability
Users may access the Site whenever it is generally available to all Klir Clients. Klir will use commercially reasonable efforts to make the Site available 24 hours a day, 7 days a week, 365 days a year (less downtime for maintenance etc.) but does not guarantee 100% availability.
Records
Users may print, email, export or make electronic copies of any reports or other information accessible on the Site under the Company's License Agreement to the extent Users wish to archive data in excess of the Access Period (defined below). The Site and relevant data changes, so copies should be archived when the information becomes available. Klir will retain granular data for 30 days, and aggregated data for 12 months relating to Company's network performance from the commencement of Klir Solutions (the "Access Period"). Klir will use commercially reasonable efforts to provide access to such data during the Access Period.
License Rights
Users are licensed to access and use the Site and Solutions solely in compliance with the License Agreement and for Company's internal business purposes. Users may not provide access to or distribute copies of the Solutions to anyone who is not an authorized User of the Company; provided, however, that the Company may distribute copies of Klir data to Service Providers or Systems and Technology Consultants with whom the Company contracts for services.
Blockages
Klir, in its sole discretion, may block access to any or all Users, without limitation, to avoid harm to Klir or its property, rights or as part of security or attribution procedures. Without limiting its blockage rights or any other rights or remedies, Klir typically will block access in the following situations and as Klir otherwise believes to be advisable: (a) if any User repeatedly attempts to log onto the Site with an incorrect or invalid password or other information; (b) if any User has not used the Site for a period of time exceeding the term of Solutions; (c) if inactivity results during a visit to the Site.
Unsolicited Ideas or Submissions
Klir does not accept or consider unsolicited ideas, including ideas for products, technologies, enhancements, advertising, marketing or promotions. User understands that if any idea is submitted to Klir despite our request not to receive such ideas and/or materials, Klir makes no assurances or warranties that the ideas and materials will be treated as confidential or proprietary. Any ideas and/or materials submitted by User will be treated as the property of Klir (notwithstanding any rights, claims, titles or interests User may claim to possess with respect to the submitted ideas or materials).
Restrictions on Site Use
The following are prohibited with respect to the Site: (a) using any robot, spider, other automatic device or manual process to monitor or copy any part of the Site; (b) using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the Site; (c) taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; (d) accessing the Site by any means other than through the interface that is provided by Klir or attempting to access the Site without first logging in through the Site log-in page; (e) engineering, reverse assembling or otherwise attempting to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and (f) attempting to access any area of the Site to which access is not authorized.
Linked Sites
The Site may contain links to third party web sites. These linked sites or companies are independent entities and Klir does not control or endorse them and has no liability with respect to the companies or linked sites.
Klir reserves the right to make changes to the Site and the Terms of Use at any time.
Contact Klir with any questions at info@klir.com or 206-633-1430.
