Mimecast Integrations Showcase Terms and Conditions of Use

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These Mimecast Integrations Showcase Terms and Conditions, ("Terms") of Mimecast Services Ltd. (with its affiliates, "Mimecast," "we," or "us"), govern your use of Mimecast's Integrations Showcase ("Showcase"). Your access or use of the Showcase in any way evidences your acceptance of the then-current version of these Terms, and any related rules and guidelines. We reserve the right to modify these Terms at any time and without notice, effective upon posting of the modified Terms on the Showcase or our other websites. Your access to or use of the Showcase after such posting or other notification constitutes your acceptance of such modifications.

 

We are not responsible for and do not endorse, support or otherwise approve of any products or services promoted at or made available through the Showcase.

 

Any product or service offerings posted to the Showcase by Mimecast or by third parties ("Third Party Materials") are solely the opinion and responsibility of the person posting the same.

 

We have no duty to correct any Third Party Materials, or any false, misleading or erroneous statements or content of any third party on the Showcase. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) the various product and service offerings in the Showcase.

 

Mimecast or third parties may post hypertext links to products and services which are hosted and maintained by third parties to the Showcase. We do not moderate or control these linked sites, and are not responsible for them. Your access to any linked sites and use of any content found at such sites is at your own risk, so you should use good judgment before you click on any link or access any linked site.

 

We reserve the right, at any time, to delete, modify, edit, suspend or discontinue, temporarily or permanently, the Showcase (or any part thereof, including any Third Party Materials) with or without notice. You agree that we shall not be liable to you or to any third party for any deletion, modification, suspension or discontinuance of the Showcase.

 

If you believe any materials in the Showcase infringe your intellectual property, please reference Mimecast’s Acceptable Use Policy here: https://www.mimecast.com/acceptable-use/.

 

MOST OF THE THIRD PARTY MATERIALS ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD PARTY MATERIALS ARE THE SOLE RESPONSIBILITY OF THE PERSON OR ENTITY ORIGINATING SUCH MATERIALS. YOU AGREE THAT WE DO NOT ENDORSE, CONTROL, AND ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR SUCH THIRD PARTY MATERIALS OR FOR ANY PURCHASE OR OTHER TRANSACTION RESULTING FROM OR ASSOCIATED WITH YOUR USE OF THE SHOWCASE. YOU EXPRESSLY AGREE THAT THE SHOWCASE AND THE THIRD PARTY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE". USE OF THE SHOWCASE AND/OR THE THIRD PARTY MATERIALS AND ANY RELIANCE BY YOU UPON THE SAME, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY THIRD PARTY MATERIALS OR THE SHOWCASE ITSELF. WE DO NOT WARRANT THAT THE USE OF THE SHOWCASE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.

 

WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.

 

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO THE SHOWCASE (INCLUDING THE THIRD PARTY MATERIALS).

 

EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF MIMECAST, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MIMECAST OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "MIMECAST") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MIMECAST SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF MIMECAST TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO $100, LESS ANY DAMAGES PREVIOUSLY PAID BY MIMECAST TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

You agree that we have entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

 

These Terms are a complete statement of the agreement between you and Mimecast and set forth the entire liability of Mimecast and your exclusive remedy with respect to your access and use of the Showcase. In the event of a conflict between these Terms and Mimecast’s Privacy Policy, these Terms shall prevail.

 

If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms shall be governed by the laws of England and Wales and held in England.

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