Terms of use

Welcome to our Websites

 

Thank you for visiting this website controlled by MIT Group and/or any of its group companies or affiliates (“We,” “Our,” “Us” or “MIT Group”).

These Website Terms of Use are a legal contract between you (“You” or “Your”) and Us. They govern Your use of Our Website and all the text, data, information, software, graphics, logos, photographs, and more (“Materials”), as well as any services, that We make available or provide through our website. The terms “We,” “Our,” “Us” and “MIT Group” may also, as the context requires, include certain of Our licensors and suppliers.

YOU CANNOT USE OUR WEBSITES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE WEBSITE TERMS OF USE. YOUR USE OF OUR WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE WEBSITE TERMS OF USE.

These website Terms of Use apply to any and all use of our Websites, including use through any account that you may set up through or on our Website. Some Materials will only be available to You if You have an appropriate account. You agree to (i) provide true, accurate, current, and complete information in connection with Your use of our Websites and (ii) obtain and maintain all equipment, services and software needed for access to and use of Our Website. You are responsible for maintaining the confidentiality of Your passwords. If You suspect Your password or other security information for Our Website has been breached in any way, please notify Us promptly. We reserve the right to require that You change Your password or restrict Your access to Our Website as We deem reasonably necessary.

You must not (i) attempt any unauthorised access to our Websites, the server on which it is stored, or any server, computer, or database to which it is connected to Our site or (ii) attack Our Website via a denial-of-service attack or a distributed denial-of-service attack. Breach of this provision may constitute a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities, cooperate with those authorities, and disclose your identity to them.

We may collect certain personal information about you solely in connection with your access and use of our Websites. Our use of that information is governed by the provisions of Our Privacy and Cookie Notice.

 

Ownership and Permitted Use of Our Website and Materials

 

MIT Group and its affiliates, and their licensors and suppliers, own all intellectual property rights in all Materials, as well as their arrangement, on our Website. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Material is strictly prohibited without our express written consent or that of the copyright owner.

We grant you a limited, personal, revocable, non-sublicensable, non-exclusive and non-transferable license to use and to display the Materials solely (i) in connection with Your use of Our Website for Your personal and internal business purposes as a customer or potential customer of MIT Group (“Permitted Uses”) and (ii) conditioned on Your compliance with these Website Terms of Use. If You are using our Website on behalf of a business, you represent that the business accepts and is subject to these Website Terms of Use. You have no other rights in Our Website or any Materials. Except as expressly permitted, you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell or in any way exploit Our Website or Materials in any manner and must retain Our copyright and other proprietary notices.

 

Unauthorised Use of Our Website, Acceptable Use Policy

 

We authorise only the limited uses of our Websites expressly described above. Any other use of our Website is prohibited. All rights, title and interest not expressly granted are reserved. Unauthorised use of Our Website and Materials may violate intellectual property laws of the United States, United Kingdom, and those of other countries.

You may only use a crawler to crawl our Website as permitted by our Website’s robots.txt protocol. We may block any crawlers at our sole discretion.

Please refer to and abide by the examples of things to avoid described in Our Acceptable Use Policy. You must follow Our Acceptable Use Policy whenever You (i) use areas of our Website that permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”) or (ii) otherwise use our Website or any services offered from our Website. We respect the intellectual property rights of others and ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate access to and use of our Website for users who infringe the intellectual property rights of others. If You believe that your work is the subject of copyright infringement and/or trademark infringement and appears on Our Website, please let us know by following the procedures found here Claims of Infringement on our Websites by emailing eis@mitgroup.io.

 

Acceptable Use Policy

 

“User Submissions” means any feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials we permit to be uploaded, posted, or otherwise provided to Our Websites. “Forums” means any areas of Our Websites (blogs, bulletin boards, chat rooms, customer ratings, review areas, community and support forums, or similar areas) that permit You to provide User Submissions. You must follow Our Acceptable Use Policy whenever you participate in Forums or provide User Submissions.

You agree that You are solely responsible for all of Your User Submissions and that Your User Submissions are considered both non-confidential and non-proprietary. You hereby agree to indemnify, release, and hold harmless MIT Group with respect to any claims, damages, costs, losses, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, arising out of or in connection with Your User Submissions, Your use of a Forum, Your breach of this Acceptable Use Policy or the Website Terms of Use , or Your violation of any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, or rights of attribution.

We do not guarantee that You will have any recourse through Us or any third party to edit or delete any User Submission You have provided. We make no representation or warranty as to the nature, quality, reliability, accuracy, completeness, or usefulness of any User Submission. User Submissions express the views of their authors and not necessarily Our views. Any user who finds a posted message to be objectionable is encouraged to contact Us as directed below.

You may not provide any User Submission, participate in any Forum, or otherwise use Our Websites in a manner that We determine, in our sole discretion:

  • Violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law, including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising;
  • Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;
  • Impersonates any person or entity, including any of our employees;
  • Incorporates materials from a third-party web site, or addresses, email addresses, contact information, or phone numbers (other than Your own);
  • Forges any TCP-IP packet header, e-mail header, or any part of a message header;
  • Attacks or insults another Forum user or administrator or moderator of a Forum;
  • Infringes the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, rules of social media sites, or any other legal or moral rights of any third party;
  • Advocates or induces illegal activity;
  • Stalks, harasses, or harms anyone;
  • Impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
  • Modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the Services (except to the extent software included in the Services is provided to Customer under a separate license that expressly permits the creation of derivative works);
  • Except to the extent allowed by local law, reverse engineers, disassembles, or decompiles the Services or software included in the Services;
  • Interferes with or disrupts any Website or any Services or servers or networks connected to the Services;
  • Uses any high-volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access any Website or any Services or any other accounts, computer systems, or networks connected to the Services (each a “System”);
  • Attempts to gain unauthorised access to any portion of the Services or any System, whether through hacking, password mining, or any other means; or
  • Violates the security or integrity of any computer system.

You represent and warrant that Your User Submissions:

  • Are not, nor may they reasonably be considered to be, deceptive; vulgar; sexually explicit; pornographic; obscene; harmful; defamatory; libelous; hateful; racially, ethnically, religiously, or otherwise abusive, biased or offensive; unlawfully threatening; unlawfully harassing; invasive of another’s privacy; or otherwise inappropriate or objectionable;
  • Do not contain any viruses, worms, spyware, adware, Trojan horses, time bombs, cancelbots or other computer code or content designed or likely to disrupt, damage, or limit the functioning of any software or hardware;
  • Do not contain any information that may be considered confidential, proprietary, non-public, or personal information about MIT Group or any other entity or individual (e.g., telephone numbers and other protected personal data of individuals, Social Security numbers, non-public health or financial information, etc.) without all legally required authorization;
  • Do not contain or constitute unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised solicitation, including solicitation of lawsuits (links to commercial websites will not be considered unauthorised solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Us in Our sole discretion); and
  • Do not interfere with the operation of the Forum or with a fellow user’s message box, including, without limitation, interference via mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.

By participating in any Forum (including by sending messages), providing any User Submission, or otherwise using Our Websites, You represent and warrant that:

  • You are at least 13 years old;
  • No information contained in Your User Submission is false, inaccurate, or misleading;
  • You either (i) own all rights in Your User Submissions (including, without limitation, all rights to the text, code, audio, video, or digital recording and the performance contained in Your User Submissions) or (ii) have acquired sufficient rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Website Terms of Use;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
  • You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission to grant the rights to Us as described in these Website Terms of Use from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions;
  • You voluntarily waive all “moral rights” that You may have in Your User Submission; and
  • You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission.

By providing a User Submission, You grant Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid up, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display Your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed, including, without limitation, incorporation into any technology, product, or service;
  • Use portions of Your User Submission to rerecord or modify any audio tracks or visual images you provide, to rewrite any Materials you submit, and/or to combine other materials, either created by Us or third parties, with Your User Submissions
  • Use, sell, offer to sell, make, have made, and import your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and
  • Display advertisements in connection with your User Submission and to use Your User Submission for advertising and promotional purposes.

We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further,

While not obligated to do so, We may:

  • Terminate access to a Forum at any time, for any reason;
  • Delete, modify, or otherwise restrict access to or restrict the availability of content which We, in our sole discretion, consider to violate Our Website Terms of Use or which We deem otherwise inappropriate, harmful, objectionable, or inaccurate;
  • Monitor, pre-screen, verify, or edit User Submissions;
  • Monitor any Forums;
  • Investigate violations of this Acceptable Use Policy or misuse of Our Websites, Products or Services;
  • Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
  • Remove, disable access to, or modify any content or resource that We believe violates this Acceptable Use Policy or any other agreement We have with You; or
  • Suspend or terminate provision of Products and Services to You for uses that violate this Acceptable Use Policy or any other agreement We have with You.

We retain the sole discretion to decide whether any User Submission or Your use of a Website or Service is prohibited. All User Submissions that are provided to Us or actions that are performed via Your account, whether provided or performed by You or someone involved in Your business (such as Your employees, contractors or customers and end users) are Your sole responsibility.

We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate information that You may have provided. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

We reserve the right to update this Acceptable Use Policy from time to time in our sole discretion. You agree by Your use of Our Websites, to comply with this Acceptable Use Policy as so revised at the time of Your use.

 

Terminating Your Use of Our Website

 

You or We may terminate Your use of Our Website at any time. Your use of Our Website will automatically terminate in the event You breach any of these Website Terms of Use. To clarify:

  • You may discontinue your access to and use of our Websites at any time.
  • Unless we otherwise agree with you in writing, we may terminate, suspend, or modify Your registration with, access to, or use of all or part of Our Website, without notice, at any time and for any reason. In the event of a termination for breach, you must immediately destroy any downloaded or printed Materials and any copies thereof.

 

Disclaimers

 

OUR WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO OUR WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WE DO NOT PROMISE THAT THE WEBSITE IS FREE OF PROBLEMS OR ERRORS. Without limiting the generality of the foregoing, we make no warranty that our Websites will meet your requirements or that our Websites will be uninterrupted, timely, secure, or error free or that defects in our Website will be corrected. We make no warranty as to the results that may be obtained from the use of our Websites or as to the accuracy or reliability of any information obtained through our Websites. No advice or information, whether oral or written, obtained by you through our Websites or from us or our senior management, employees, or agents (collectively, “MIT Group Parties”) shall create any warranty.

 

Limitations of Liability

 

In no event will we be liable, in connection with our Websites or these, for (i) any indirect, special, incidental, consequential, punitive or similar damages; loss of profits, business, data (including, but not limited to, personal data) or programs (including, but not limited to, the cost of recovery or replacement of such data or programs); loss, damage or any costs due to interruption, delay or inability to use any of our products or services, even if informed of the possibility of such damages in advance or (ii) any amount greater than One Hundred Dollars ($100). However, nothing in this provision limits any liability which may not be excluded or limited by applicable law.

 

Exclusions and Limitations

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any MIT Group may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the MIT Group’s liability shall be the minimum permitted under such applicable law.

 

We May Modify Our Website

 

We reserve the right to modify, suspend, or discontinue all or any part of Our Website and/or any products, programs, services and other offerings provided through or in connection with our Website at any time without notice to you.

 

Trademarks

 

Our name, our logos and other trademarks used by us are registered trademarks of our entities. You may use our word marks, in text, to refer fairly and accurately to us and our products and services, subject to the guidelines below. Our logos are reserved for use by us and those of our partners and licensees that have a written agreement with us that specifically authorises logo use. No other use of our logos or stylised marks is permitted. You may not use our trademarks in a manner likely to mislead or confuse third parties, including regarding your relationship with us, any sponsorship or endorsement of your company, products or services, or the origin of your products or services. Any such use is unlawful and expressly prohibited.

 

Links to Third-Party Websites

 

For your and our convenience, our Websites includes various links to third-party websites which are not under our control. If You follow these links, you will leave our Website. We are not obligated to review any third-party websites that you link to from our Websites. We do not control, and are not responsible for, any of the third-party websites (or the products, services, or content available through them). We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from our Website, You do so entirely at your own risk and subject to the privacy policies and terms and conditions for those third-party websites (rather than these Website Terms of Use).

 

Linking to Our Website

 

For your convenience, you may create links to our Websites from other websites. Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to Our Website:

  • You may link to, but may not copy, any Materials.
  • You shall not create a browser or border environment around any Materials.
  • You shall not imply that we endorse or are affiliated with any such website that links to our Website or any products, services, or content available through that website.
  • You shall not misrepresent your relationship with us.
  • You may not present false or misleading information about us or our products or services.
  • The website that links to our Websites shall not include content that could be construed as distasteful, offensive, a breach of privacy rights, controversial, illegal or of a sexual nature.
  • The website that links to our Websites shall include only content that is appropriate for all age groups.

 

U.S. Government Users

 

To the extent that Materials are downloaded for use by a department or agency of the U.S. government, or on its behalf by a prime contractor or subcontractor at any tier, consistent with the applicable provisions of the Federal Acquisition Regulation (“FAR”) and supplements thereto, including the Department of Defense FAR Supplement (“DFARS”), commercial software, documentation and technical data for commercial items are licensed under our standard commercial license terms.

 

International and Export Issues

 

We may administer our Websites from our offices in various jurisdictions, including the United States and United Kingdom. We make no representation that our Websites are appropriate or available for use in other jurisdictions. Access to our Websites from jurisdictions where its contents are illegal or restricted is prohibited. If you choose to access our Websites, you do so on your own initiative and are responsible for compliance with applicable laws.

Materials available on our Websites are subject to statutes, orders, or regulations which impose embargoes or control the export of goods, technology, software, supplies, and services, including weapons of mass destruction and arms, military, paramilitary and security equipment and dual-use items (items designed for civil use but which can be used for military purposes), and certain drugs and chemicals (collectively, “export controls”). You agree to comply with all export and re-export restrictions and regulations of the U.S. Departments of Commerce and Treasury and any other United States agencies and authorities, or those of other countries in connection with your use of our Websites and to not, in violation of any laws, transfer, or authorise the transfer of, any Materials to a prohibited country or otherwise in violation of any laws. In particular, but without limitation, Materials may not, in violation of any laws, be exported, re-exported or otherwise transferred, directly or indirectly, to (i) embargoed or sanctioned countries or territories (currently Cuba, Iran, North Korea, Syria, Sudan and the Crimea Territory but subject to update as required from time to time by law and regulation) or to nationals and parties from those countries; (ii) any parties subject to trade control sanctions or blocking measures, including those designated on any of the lists of denied or restricted parties included in the United States Departments of State, Commerce and Treasury Consolidated Screening List (available at http://export.gov/ecr/eg_main_023148.asp) or by the European Union (EU) (available at https://data.europa.eu/euodp/en/data/dataset/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions); (iii) in breach of the United Kingdom’s Export Control Order 2008 (as amended); or (iv) for use in the design, development, or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use. By accessing or downloading any Materials subject to any such restrictions and regulations, you represent and warrant that (a) you are not located in, under the control of, or a national or resident of any such country or on any such list, and (b) you are not located in or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria which list is subject to update as required from time to time by law and regulation, or (c) you are not restricted from receiving U.S. or U.K. goods; and that you will comply with all applicable U.S. and U.K. export laws and host country import laws.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless the MIT Group and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from violation of these Website Terms of Use by you or anyone using your account. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with Our defence of such claim.

 

Electronic Communications

 

When you visit our Websites or send e-mails to us, you are communicating with us electronically. We may respond to you by e-mail or by posting notices on our Website/s. You agree that all such notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Entire Agreement

 

These Website Terms of Use, together with any additional terms to which you agree when using particular elements of our Websites, constitute the entire and exclusive and final statement of the agreement as between you and us with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and we with respect to the same. The MIT Group and its affiliates are third party beneficiaries with respect to the provisions in these Website Terms of Use that reference them.

 

Governing Law and Venue

 

These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

 

Any dispute you have which relates to these terms and conditions, or your use of MIT Group or any of its affiliates websites (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Changes to these terms and conditions

 

Please check these terms and conditions regularly. We can update them at any time without notice.

You’ll agree to any changes if you continue to use our Websites after the terms and conditions have been updated.

 

Reporting of Violations

 

Reporting of Violations should be sent to eis@mitgroup.io

Alternatively, you can write to our EIS Team at the address below:

FAO: EIS Team
MIT Group, Communications Software
Unit 6, Main Road
Brailsford, Derbyshire, DE6 3DA
United Kingdom