Wiland Client Gateway Terms and Conditions
The Wiland Client Gateway and associated websites (the "Gateway") give Wiland clients access to a variety of features, including insights reporting designed to provide clients a deeper understanding of the key factors influencing performance, and to help clients optimize marketing efforts and improve financial results. Wiland regards the data, statistics and insights contained in these client reports as highly confidential and is committed to protecting them. This is why the client must authorize access to the Gateway and why Wiland requires agreement by an authorized client contact to the Terms and Conditions below. The Gateway and all materials, products and services available through the Gateway (the "Products and Services") are governed by the Database Agreement (or comparable agreement) (the "Agreement") between Wiland and the Wiland client in connection with which you were provided access to the Gateway ("Client"). The Gateway is also governed by the provisions below (the "Gateway Terms" and, together with the Agreement, the "Terms"). You hereby agree to the Gateway Terms on behalf of Client, and represent you are authorized to do so.
- Acceptable Use Policy. Subject to compliance with the Terms, Client may use the Products and Services for its own marketing purposes for the brands, business units, divisions, titles, nonprofit organizations or their divisions, councils, or chapters, as applicable, specified in the Agreement, in accordance with the pricing and terms set forth in the applicable Wiland pricing schedule. No other use by Client is permitted. Client may not use the Products or Services to make credit, insurance, employment or other determinations covered by the Fair Credit Reporting Act or similar laws. Client is solely responsible for the content of its marketing practices and communications and its legal compliance in connection with use of the Products and Services. Client will not reverse engineer or reproduce any Wiland Products and Services or the underlying technology, processes or materials or attempt to do so.
- Access Credentials and Requirements. The Gateway does not provide access to other clients' transaction data. Client is responsible for identifying and authenticating all employees, contractors or end users that are authorized by Client, or on Client's behalf, to access or use the Gateway ("Users"), for controlling their access to the Gateway, the Products and Services and related information, and for maintaining the confidentiality of usernames, passwords and account information. Wiland is not responsible for any harm caused by Client's Users. Client is responsible for all activities that occur under Client's and its Users' usernames, passwords or accounts or as a result of Client's or its Users' access to the Gateway or the Products and Services. Client will notify Wiland promptly of any unauthorized use. Client will not engage in any activity that would interfere with Wiland's computer systems (e.g. automated scanning or testing).
- Statistics. Wiland may compile statistical and other information related to the performance, operation and use of the Products and Services and may use this information for security and operations management, to create statistical analyses, and for research and development purposes. Also, Wiland may make aggregated, anonymized statistical analyses of industry trends and other such information publicly available, and Wiland owns all intellectual property rights in any such analyses. Such public information will be anonymous data aggregated across multiple clients, not client-specific data.
- Feedback. Wiland welcomes feedback. Feedback or suggestions submitted relating to Wiland's current or future products, services or business and related intellectual property rights will be owned by Wiland without additional approval or consideration, and Client assigns to Wiland and will in the future assign to Wiland all such rights.
- Limitations. THE PRODUCTS AND SERVICES AND ASSOCIATED SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT NOT PROHIBITED BY LAW, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WILAND WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES IN CONNECTION WITH THE GATEWAY PRODUCTS AND SERVICES, WHETHER INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.