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Website Terms of Use

Legal agreement

Pyramid Analytics BV (“Pyramid”) operates this Site to provide online access to information about Pyramid and the products, services, and opportunities we provide (the “Product”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

Collecting personal information

Collecting personal information

  1. Privacy
    Pyramid shall adhere to the Privacy Policy.
  2. Use of Site

    You may use the Site (www.PyramidAnalytics.com), and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Pyramid products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Pyramid reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service
  3. Trademarks
    You may use the Site (www.PyramidAnalytics.com), and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Pyramid products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Pyramid reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
  4. Copyright
    The Site and the Content are protected by Netherlands, U.S. and/or foreign copyright laws, and belong to Pyramid or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Pyramid or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Pyramid. You may not manipulate or alter in any way images or other Content on the Site.
  5. Links to Third-Party Web Sites
    Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Pyramid of the third party, the third-party web site, or the information contained therein. Pyramid is not responsible for the availability of any such web sites. Pyramid is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Pyramid affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
  6. Linking to this Site
    If you would like to link to the Site, you must follow us with the logo located in our Media Kit and include “Pyramid Analytics” in the image alt tag as well as the link anchor text. Unless specifically authorized by Pyramid, you may not create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
  7. Downloading Files
    Pyramid cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
  8. Disclaimer of Warranties
    PYRAMID MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. PYRAMID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. PYRAMID DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. PYRAMID DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  9. Limitation of Liability
    IN NO EVENT WILL PYRAMID BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF PYRAMID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PYRAMID’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED US $100.00.
  10. Indemnification
    You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Pyramid, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
  11. User Conduct
    You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
  12. User Supplied Information
    Pyramid does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Pyramid the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
  13. General Provisions

Contact Information

Inquiries or complaints regarding these terms should be directed to [email protected]

Changes to This Statement

Pyramid Analytics reserves the right to modify or update these terms at any time without notice.

Pyramid Analytics User Community Terms of Service

IMPORTANT: Use of the Pyramid Analytics User Community Site indicates you accept these terms as presented to you, without changes. Pyramid Analytics will accept no additions or deletions. At any point in time Pyramid Analytics may change, add, or remove any part of the Terms of Service or any part of the services and features provided at the Site. If it does so, Pyramid Analytics will update the Terms of Service here and may post such changes elsewhere on the site. If you do not accept these terms, do not use the Pyramid User Community Site.
If any future change is unacceptable to you, you must discontinue using the Site. Your continued use of the Site will always indicate your acceptance of these Terms of Service and any changes to it. If you do not accept these terms, do not use the Pyramid Analytics User Community Site.

PURPOSE

The Pyramid Analytics User Community is an open platform for Pyramid Analytics users, partners, and employees to network with each other, find information, share insights, and exchange ideas about their projects and business and technology needs.

Pyramid Analytics facilitates this peer-to-peer interaction in order to get feedback, increase customer success and satisfaction, and improve our product based on the requirements of markets and users.

CONDUCT

You agree not to (or allow anyone else to use your account to) post or transmit:

  1. Content that is abusive, vulgar, obscene, hateful, fraudulent or that discloses private or personal matters concerning any person. This includes language, information, or images.
  2. Content that is threatening, defamatory or abusive, either between forum members or directed towards a Pyramid Analytics employee or manager.
  3. “Rants,” “slams,” or legal threats against Pyramid Analytics or another company or competitor.
  4. Bigoted, hateful, or racially offensive comments.
  5. Political or religious statements or commentary.
  6. Off-topic comments not related to decision intelligence, analytics, or the Pyramid Analytics products.
  7. Any material that you don’t have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
  8. Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
  9. Advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, or charitable appeals. This includes advertising links in signatures.
  10. Any file or link to a file that contains viruses, corrupted files, “Trojan Horses,” or any other malicious, contaminating or destructive features that may damage someone else’s computer.
  11. Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
  12. Messages designed to evade profanity or other filters.
  13. Personal phone numbers or addresses (to protect privacy).
  14. Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Pyramid Analytics employee’s email addresses.
  15. Hyperlinks that lead to sites that violate any of these Terms of Service or the Pyramid Analytics User Community Guidelines (link to guidelines).
  16. Any message that impersonates another person or affiliation with an entity, including, but not limited to, Pyramid Analytics.
  17. Intentionally violate any applicable law or regulation while accessing and using our site
  18. Interfere in any way with the operations of the forum or with a fellow user’s message box, including but not limited to mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
  19. Evading bans or suspensions or otherwise disregarding directions from the Pyramid Analytics community team. Pyramid Analytics moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these Terms of Service from posted messages, and/or ban your account for violating the above reasonable provisions. Please remember that you are responsible for all statements made and acts that occur using your username and password.
  20. Any content or post contrary to or in violation of the Pyramid Analytics User Community Guidelines (link to guidelines).
  21. Any Pyramid Analytics confidential information or the confidential information of any customer, partner or other third-party.

If you recognize any violation of these Terms of Service, please notify us by contacting: [email protected]

Your use of the Pyramid Analytics User Community Site is subject to these terms and conditions and our privacy policy (link to privacy policy). For information on Pyramid Analytics User’s Website Legal Disclaimer (link to legal disclaimer).

COPYRIGHT INFRINGEMENT

If you believe that work belonging to you has been copied onto the Pyramid Analytics User Community Site without your permission, please notify us by sending a written notification of claimed infringement to:

By email [email protected].

USER PROFILE INFORMATION

We may, at our sole discretion, refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason. You represent and warrant that all information provided in your profile is accurate, true, current, and complete. Pyramid Analytics may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

MEMBER GENERATED CONTENT

The content found in the Pyramid Analytics User Community Site comes from a variety of sources, primarily from community members. Pyramid Analytics makes no claims, warranties, or representations as to the accuracy, completeness, or truth of any material submitted or found on the Community Site. Pyramid Analytics is not liable for any website links posted on the Community Site; website links posted in the Community may link to sites not administered or under the control of Pyramid Analytics and users open such links at their own risk. Pyramid Analytics is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by community members. Pyramid Analytics makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site, or otherwise in connection with your use of the User Community Site and Pyramid Analytics will not be liable for the privacy of e-mail addresses, registration, and identification information, confidential or trade-secret information posted to the User Community Site. If you provide any ideas, suggestions, or recommendations on this site regarding Pyramid Analytics’ products, technologies, or services (“Feedback”), Pyramid Analytics may use such Feedback and incorporate it in Pyramid Analytics’ products, technologies, and services without paying royalties and without any other obligations or restrictions.

UNAUTHORIZED USE

If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to [email protected].

AGE

You must be 18 years of age or older to access and use the Pyramid Analytics User Community Site.

MODIFICATIONS

Pyramid Analytics reserves the right to modify these Terms of Service at any time, effective upon posting of the modified Terms of Service on the forum.

DISCLAIMER OF WARRANTIES

The Pyramid Analytics User Community Site is provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use of the Pyramid Analytics User Community Site is at your sole risk. Pyramid Analytics does not warrant that the Pyramid Analytics User Community Site will be uninterrupted or error-free, nor does Pyramid Analytics make any warranty as to any results that may be obtained by use of the Pyramid Analytics User Community Site. Pyramid Analytics makes no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, in relation to the Pyramid Analytics User Community Site. Views expressed on the Pyramid Analytics User Community Site are not endorsed by Pyramid Analytics.

LIMITATION OF LIABILITY

Under no circumstances shall Pyramid Analytics be liable to you or any other person for any damages, including without limitation, direct, indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement or the use of the Pyramid Analytics User Community Site. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Pyramid Analytics User Community Site and terminate this agreement.

INDEMNIFICATION

You agree to indemnify, defend hold and Pyramid Analytics, its shareholders, directors, officers, employees and agents harmless from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Pyramid Analytics User Community Site, including any data or work transmitted or received by you; and/or (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

GOVERNING LAW AND VENUE

These Terms of Service constitute a binding agreement. Failure to comply with these Terms of Service may result in account revocation and other legal actions. These Terms of Service, the Pyramid Analytics User Community Guidelines and related documents set forth herein constitute the entire agreement between you and Pyramid Analytics with regards to the Pyramid Analytics User Community Site supersede any prior agreements between you and Pyramid Analytics regarding its subject matter. The laws of England and Wales shall govern this Agreement and the relationship between you and Pyramid Analytics, without regard to conflict of law provisions. You and Pyramid Analytics agree to submit to the personal and exclusive jurisdiction in the courts located in London, England, for resolution of any dispute related to these Terms of Service.

Explore.PyramidAnalytics Sandbox Terms of Use

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY

These Explore.PyramidAnalytics Sandbox Terms of Use are a legal agreement (“Agreement”) between Pyramid Analytics BV (“Pyramid”) and the individual/entity accessing and/or using the Explore.PyramidAnalytics Sandbox (“You” or “Your”) and governs Your use of the Explore.PyramidAnalytics Sandbox (“Sandbox”).

By accessing and/or using the Sandbox, You agree to be bound by the terms of this Agreement. If You do not agree, then You are not permitted to access or use the Sandbox. You will have the rights set forth below for so long as You comply with the terms of this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these terms and conditions, in which case “You” or “Your” shall refer to such entity and its Affiliates.

1. PURPOSE

Pyramid makes the Sandbox available for the purpose of allowing You the opportunity to experience and experiment with the capabilities of Pyramid Analytics Decision Intelligence platform, and to showcase Your results to other users in the Sandbox.

2. REGISTRATION

Pyramid collects Your name and e-mail address as part of the registration process for using the Sandbox. Pyramid only uses this information for purposes of administering this Agreement and providing You with access to the Sandbox. Your use of the Sandbox will be anonymous unless You choose to share Your identity with other users of the Sandbox. You agree that Pyramid will have no liability to You for any reason should You choose to share Your identity with others in the Sandbox.

3. DESCRIPTION AND USE OF THE SANDBOX

3.1 Description. The Sandbox is a closed environment that is hosted on Pyramid’s servers and contains fixed datasets that Pyramid may update from time-to-time.

3.2 Using the Sandbox. You may use the datasets and tools that are contained in the Sandbox. Because the Sandbox is a closed environment, You will not be able to upload or otherwise import any data or other content to the Sandbox Projects can only be created and used in the Sandbox and cannot be exported. You can save your projects to a private or public folder. Projects saved to a private folder will only be accessible to You and Pyramid. Projects saved to a public folder will be accessible by all users of the Sandbox and Pyramid. Projects may be deleted after 180 days. Pyramid also reserves the right to delete projects under certain circumstances such as for server upgrades, to correct server malfunctions, or if you breach the restrictions in Section 3.3.

3.3 Restrictions. You agree not to use the Sandbox:

  • in a way prohibited by law, regulation, governmental order or decree;
  • to violate the rights of others;
  • to try to gain unauthorized access to or disrupt any Pyramid service, device, data, account or network;
  • in a way that could harm Pyramid; or
  • in a way that could harm the Sandbox or impair anyone else’s use of it.

3.4 Ownership. Pyramid does not claim ownership to any content You create in the Sandbox. However, if You save content to a public folder, you grant to Pyramid and all users of the Sandbox a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such dashboard (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed. No rights other than those expressly set forth herein shall pass to You. All rights, title and interest in or to the Sandbox and its contents and the intellectual property rights therein remain the exclusive property of Pyramid and/or its licensors. You will not knowingly do anything to impair Pyramid’s proprietary rights in the Sandbox or seek to acquire or register any rights in Pyramid’s proprietary marks, copyrights or information.

3.5 Monitoring and Feedback. You acknowledge and agree that Pyramid may monitor Your use of the Sandbox for purposes of ensuring Your compliance with the terms of this Agreement and for making product improvements. During the course of this Agreement, You may in Your sole discretion provide comments, feedback, potential errors and improvements, reports, or ideas about the Sandbox or Pyramid’s technology (“Feedback”) to Pyramid. In the event You do so, You hereby assign to Pyramid all right, title, and interest in and to the Feedback, if any. All Feedback is provided “as-is” without any warranties of any kind, express or implied.

4. NO WARRANTY.

YOU ACKNOWLEDGE AND AGREE THAT THE SANDBOX IS PROVIDED “AS IS” AND PYRAMID, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE SANDBOX, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT DOES PYRAMID WARRANT THAT THE SANDBOX IS ERROR FREE OR WILL OPERATE WITHOUT PROBLEMS OR INTERRUPTIONS.

5. TERMINATION.

Pyramid may, at its option, terminate this Agreement and Your access to the Sandbox immediately if You: (i) fails to comply with any terms and conditions of this Agreement or (ii) use the Sandbox other than as authorized herein. Pyramid may choose to discontinue the Sandbox at any time and for any reason.

6. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PYRAMID OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER ANY CONTRACT, TORT, STATUTORY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, SYSTEM DOWNTIME, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SANDBOX. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF PYRAMID OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL PYRAMID OR ITS LICENSORS’ TOTAL LIABILITY FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $100. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7. GENERAL.

The parties are independent contractors, and nothing in this Agreement is intended to or shall create any agency, partnership or joint venture relationship between them. You may not assign, transfer, or sublicense any obligation or benefit under this Agreement without Pyramid’s prior written consent and any attempt to do so shall be void. The failure of either Party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement constitutes the entire agreement between the parties and supersedes all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of this Agreement and all past dealing or industry custom. No changes or modifications or waivers are to be made to this Agreement unless evidenced in writing and signed for and on behalf of both parties. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of England as if performed wholly within England and without giving effect to the principles of conflicts of laws. The Parties hereby consent to the exclusive jurisdiction of the courts located in England. The Parties specifically exclude application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.

Pyramid Learning Hub Terms of Service

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY

Pyramid Learning Hub Terms of Service (“Agreement”) are an agreement between Pyramid Analytics BV (“Pyramid”) and the individual accessing and/or using the Pyramid Learning Hub (“You” or “Your”) and governs Your use of the Pyramid Learning Hub. If You are accessing the Pyramid Learning Hub using access credentials provided to You by Your employer and Your employer has entered into a License Agreement with Pyramid that allows for use of the Learning Hub, the terms of the Licensing Agreement supersede this Agreement in the event of a conflict.

By accessing or using the Learning Hub, You agree to be bound by the terms of this Agreement. If You do not agree, then You are not permitted access or use the Learning Hub. This Agreement is valid for the term of your subscription as set forth in the Order Form.

1. DESCRIPTION OF SERVICE.

The Pyramid Learning Hub is a collection of self-help resources that Pyramid makes available to You for the purpose of helping you to learn about Pyramid offerings.

2. USE RIGHTS.

Subject to Your compliance with the terms of this Agreement, Pyramid grants You a temporary, non exclusive, right and license during the subscription term set forth in Your Order Form to access and view the contents of the Learning Hub solely for your internal business purposes. Pyramid may also provide certain downloadable materials such as anonymized datasets for You to use in learning how to use Pyramid’s offerings (“Downloadable Materials”). Pyramid grants You a world-wide, fully paid-up, non-exclusive, non-transferrable, revocable right and license to copy, use and modify the Downloadable Materials solely for the purpose of learning to use the Pyramid offerings. With the exception of the Downloadable Materials, You are not permitted to, and agree not to attempt to, download or otherwise copy any content from the Learning Hub. Pyramid reserves all rights not expressly granted herein.

3. REGISTRATION INFORMATION.

You must provide certain information about yourself in order to use the Learning Hub (“Registration Information”). You agree to provide true, accurate, current and complete Registration Information and keep it updated at all times. Pyramid will not share this information with any third parties and will only use this information to confirm Your right to access and use the Learning Hub and to inform You of any new content that may be available in the Learning Hub. If You provide any information that is untrue, inaccurate, not current or incomplete, or Pyramid reasonably believes that such information is untrue, inaccurate, not current or incomplete, Pyramid may suspend or terminate Your access to the Learning Hub.

4. ACCOUNT SECURITY.

Pyramid will provide You with a unique user ID and password for accessing the Learning Hub. You are responsible for maintaining the confidentiality of Your user ID and password and are fully responsible for all activities that occur under Your password or account. You may not share your user ID and password with any other user. You agree to immediately notify Pyramid of any unauthorized use of your password or account or any other breach of security. You acknowledge and agree that Pyramid will not be liable for any loss or damage arising from Your failure to properly safeguard your account or password.

5. ACCEPTABLE USE POLICY.

You may not use the Learning Hub:

  • in a way prohibited by law, regulation, governmental order or decree;
  • to violate the rights of others;
  • to try to gain unauthorized access to or disrupt any service, device, data, account or network;
  • to distribute spam or malware; or
  • in a way that could harm the Learning Hub or impair anyone else’s use of it.

6. OWNERSHIP.

You acknowledge and agree that Pyramid and/or its licensors own all rights, title and interests in and to the Learning Hub and its contents, including all intellectual property rights. Except as expressly granted herein, this Agreement does not grant You any rights in or to the Learning Hub or its contents.

7. NO WARRANTY; DISCLAIMERS.

PYRAMID PROVIDES THE LEARNING HUB “AS-IS” AND MAKES NO WARRANTIES WITH RESPECT TO THE LEARNING HUB. PYRAMID DOES NOT WARRANT OR GUARANTEE THAT THE LEARNING HUB WILL MEET YOUR REQUIREMENTS, THAT THE LEARNING HUB WILL OPERATE ERROR-FREE, THAT YOUR USE OF THE LEARNING HUB WILL BE UNINTERRUPTED. TO THE EXTENT PERMITTED BY LAW, PYRAMID EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL OR EQUITABLE BASIS FOR THE CLAIM, NEITHER PYRAMID, NOR ANY OF ITS SUBSIDIARIES OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE LEARNING HUB, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. PYRAMID’S MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEES PAID FOR THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR ACCESS TO THE LEARNING HUB. FOR FREE TRIALS, PYRAMID’S MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES WILL BE LIMITED TO €5.00. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.

9. TERM AND TERMINATION.

You will have the rights set forth herein for the period set forth in the Order Form(s) provided that You comply with the terms of this Agreement. This Agreement automatically terminates if You breach its terms and such breach is not cured within thirty (30) days of Pyramid’s written notice of breach or if such breach is not able to be cured. Sections 5,6,7, 8, 9 and 10 will survive any termination of this Agreement.

10. GENERAL.

The parties are independent contractors, and nothing in this Agreement is intended to or shall create any agency, partnership or joint venture relationship between them. You may not assign, transfer, or sublicense any obligation or benefit under this Agreement without Pyramid’s prior written consent and any attempt to do so shall be void. The failure of either Party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement constitutes the entire agreement between the parties and supersedes all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of this Agreement and all past dealing or industry custom. No changes or modifications or waivers are to be made to this Agreement unless evidenced in writing and signed for and on behalf of both parties. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflicts of laws provisions thereof or the UN Convention on the International Sale of Goods). In any action or proceeding to enforce rights under this Agreement, the prevailing Party will be entitled to recover costs and attorney’s fees.