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Lyza

Terms of Use

YOUR USE OF THIS WEB SITE IS GOVERNED BY THESE TERMS OF USE. BY USING THIS SITE YOU ACCEPT THESE TERMS AND YOU REPRESENT THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS SITE. If you breach any of these Terms, your right to use this Web site terminates and you must destroy any materials printed or downloaded from this Web site.

CONTENT; DISCLAIMERS; LIMITATION OF LIABILITY
While Lyza believes that the information when first provided on this Web site was accurate, we do not make any representation, express or implied, as to the accuracy, timeliness or completeness of such information. Your use of this information is at your own risk.

Lyza may make changes to the products, programs or services described on this Web site without notice.

All promotions referenced on this Web site are subject to availability and inventory. Lyza reserves the right to change, alter or cancel promotions at any time without prior notice.

The information on this Web site does not constitute, nor shall it be deemed to constitute, an invitation to invest or otherwise deal in shares of Lyza or any other company.

The materials and services provided at this site are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title or violation of rights. Unless otherwise expressly stated, nothing on this site shall create a warranty.

Lyza does not warrant that your use of this web site or of the information or materials on this site is error-free, uninterrupted or secure or that this site is free of harmful components, including viruses. Your use of this site is at your own risk.

Lyza's obligations with respect to its products and services are governed by the respective agreements under which they are provided and nothing on this Web site changes these obligations.

In no event will Lyza or other third parties mentioned on this Web site be liable for any damages whatsoever, including direct, indirect, special, consequential, incidental, exemplary, punitive or other damages such as lost profits or revenue, business interruption, data loss, costs of replacement goods or damages to your computer equipment arising out of or in connection with the use of, or inability to use, this site or any other hyper linked Web site or the information contained or services offered at any of these sites, even if Lyza is expressly advised of the possibility of such damages. The sole and exclusive maximum liability to Lyza for all damages, losses and causes or actions in connection with this Web site or the content of this web site shall be the total amount paid by you, if any, to access the web site.

NON-CONFIDENTIALITY OF YOUR SUBMITTED INFORMATION
We will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to us via this Web site unless we have mutually agreed in writing otherwise. By providing information to us via this Web site, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, distribute, incorporate or otherwise use such information and any incorporated ideas, concepts or know-how.

INTELLECTUAL PROPERTY RIGHTS
The contents of this Web site are subject to copyright protection. All rights reserved. All reproduction, total or partial, of the contents of this Web site by any means or in any form, other than for non-commercial use within your organization in support of Lyza products with all copyright and other proprietary notices retained, is illegal. Such reproduction requires the written consent of Lyza.

You should also assume that everything on our Web site is the valuable intellectual property of Lyza, its subsidiaries or Lyza' business partners. We protect our intellectual property rights to the fullest extent of the law. By providing information on our Web site, Lyza does not grant any licenses to its copyrights, patents or other intellectual property rights.

The trademarks, service marks and logos displayed on this Web site are the intellectual property of Lyza or third parties. You are not permitted to use these marks or logos without the prior written consent of the owner of the mark or logo. Lyza and the Lyza logo are trademarks of Lyza.

By using this Web site, you may have access to Lyza confidential information. Without Lyza' written consent, you may not disclose this information and shall protect this information with the same degree of care used to protect your own confidential information, but not less than reasonable care.

DOWNLOADABLE SOFTWARE
Software that you may download from this Web site is the copyrighted work of Lyza. Its use may be governed by the provisions of a license agreement that accompanies or is included in the software. You may only download, install and use this software in accordance with the terms of this license agreement and you agree not to modify the software in any manner or form or to reverse engineer, reverse assemble or otherwise attempt to discover the source code of the software. Please make sure that you completely understand the inherent dangers in and related risks resulting from downloading and using any software from the Internet. Your use of this downloaded software is entirely at your own risk.

LINKS TO THIRD PARTY WEB SITES
This Web site contains links to Web sites that are not under our control. We are not responsible for the content, commentary or applications of these Web sites. We are providing these links only as a convenience and the inclusion of these links does not imply endorsement by us of the linked Web site. Your use of the linked Web site is

INDEMNIFICATION
By using this Web site, you agree to indemnify, defend and hold Lyza, its officers, directors, employees, agents, representatives and third party partners harmless from all claims, damages, losses, costs or other expenses (including reasonable attorneys' fees) arising out of or resulting from your violation of these Terms or your activities in connection with this Web site, including allegations that materials that you provide to us via this Web site infringe rights of third parties.

PASSWORD
You may only access some content of this Web site with a password. By registering for this password, you represent that the information provided by you is true and accurate, that you are an authorized representative of your company and that you have the right to bind your company to these Terms of Use and any additional terms on this Web site. You agree that you are solely responsible for all activities under your user name, password and account and that Lyza may hold you liable for any claims against Lyza or losses incurred by Lyza arising from a misuse of your user name, password or account.

GENERAL
Additional terms of use may apply to some content on this site. If those additional terms of use conflict with these Terms of Use, the additional terms of use shall prevail with respect to said content.

Lyza administers this Web site from the United States of America. By using this Web site you agree to comply with all applicable laws and regulations, including U.S. export laws and regulations and, if you access this Web site from outside the U.S., applicable local laws. Lyza makes no representation that materials or services at this Web site are appropriate or available outside the United States.

These Terms of Use, the use of, or inability to use, this Web site and its content and any disputes relating to these Terms of Use or this Web site are governed by the laws of the State of Colorado without regard to its conflict of law provisions, and are subject to the exclusive jurisdiction of the federal and state courts in Denver, Colorado.

Lyza' failure to enforce a provision of these Terms of Use does not constitute a waiver of such provision. If any provision of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall not be affected thereby.

Lyza may revise these Terms of use any time by updating this posting. By using this Web site you agree to be bound by the then current terms of use. We suggest, therefore, that you visit this page periodically to review the current terms of use.

REFUND POLICY
Please note that due to the fact that Lyza offers a free trial period for its software products, Lyza does not permit the return of or offer refunds for such products.

Privacy Policy

INTRODUCTION
Lyza believes that the responsible use of personal information is critical to the continued success of the Internet. As such, we are committed to the highest standards in protecting and safeguarding your right to privacy while using and interacting with our Web site.

While you can access most areas of our Web site without submitting any personal data, there are certain areas of our site that request specific personal information including name, phone number, and e-mail address. Our intent is to allow you as much control as possible over your personal information. Below we explain how Lyza collects, stores, and uses your information.


DATA COLLECTION OVERVIEW
Server Logs: For each visitor to the Lyza Web site, our Web server automatically recognizes the visitor's domain name, browser type, operating system, entry page, exit page, and average time on the Web site. This information is used for internal purposes only in helping us improve our Web site and better your overall experience.

Online Forms: We use online forms in several areas of our Web site. Online forms provide site visitors with an opportunity to request company and product information, request product downloads and demos, view white papers, register for free Lyza webinars, and enroll for various services including training, consulting and support. All information provided by the visitor is voluntary, with information generally including name, address, company, and e-mail. We will sometimes use this information to contact visitors for marketing, sales, service and support purposes.

Site Feedback Survey: The Lyza Web site feedback survey is a voluntary questionnaire that solicits visitor feedback on your experience using the Lyza Web site. Visitors remain anonymous unless they choose to provide their name and e-mail address. Information is used to better the Lyza Web site and provide a more engaging and useful experience for site visitors.

Lyza Company Store: When you order goods from our online Lyza Company Store, we need to know your name, e-mail address, billing address, shipping address, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status.

COOKIES
When used properly, cookies can improve the utility of a site by being able to securely store and apply personal data that visitors have voluntarily shared with the site.

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personal identification information, but they do enable us to store site preferences, form information between visits, and items in your shopping cart. Most Web browsers automatically accept cookies, but you can change your browser settings to prevent such acceptance. Doing so, however, may result in disabling the functionality we have in place to better serve your needs.

We use cookies to personalize the experience of our visitors, provide support to customers, record visitor preferences, provide personalized and specialized content, record session information, track visitor clickstream behavior throughout the Web site, track items in your shopping cart and customize site content based on your browser type, operating system, and preferences.

For more detailed information about cookies, what they are, and why they are used, please visit the following Web site (not affiliated with Lyza): http://www.cookiecentral.com/faq/.


E-MAIL ADDRESS
We do not collect e-mail addresses without the site visitor voluntarily providing us with this information (typically via our online information request form, whitepaper request form, or other Web site forms and surveys).

We will periodically use your e-mail information for service, sales, support, and marketing purposes. If you do not wish to receive e-mail from us in the future, please contact us.

From time to time, we share your e-mail address with other organizations and companies whose products or services we think you may find interesting. If you would like to be included in our "do not share" list, please contact us.


POSTAL ADDRESSES (SNAIL MAIL)
We do not collect postal addresses without the site visitor voluntarily providing us with this information (typically via our online information request form, whitepaper request form, or other Web site forms and surveys).

We will periodically use your postal address information for service, sales, support, and marketing purposes. If you do not wish to receive postal mailings from us in the future, please contact us .

From time to time, we share your postal address with other organizations and companies whose products or services we think you may find interesting. If you would like to be included in our "do not share" list, please contact us.


TELEPHONE NUMBERS
We do not collect telephone numbers without the site visitor voluntarily providing us with this information (typically via our online information request form, whitepaper request form, or other Web site forms and surveys).

We will periodically use your telephone information to contact you regarding service, sales, support, and marketing purposes. If you do not wish to receive calls from us in the future, please contact us.

From time to time, we share your telephone number with other organizations and companies whose products or services we think you may find interesting. If you would like to be included in our "do not share" list, please contact us.


INFORMATION DISCLOSURE
We do not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can instruct us not to by contacting us.

We may release account information when Lyza believes, in good faith, that such release is reasonably necessary to (i) comply with the law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of Lyza, our visitors, or others.

Upon request, Lyza will provide site visitors with access to their personal information that we have on record. This may include unique identifier information (e.g., visitor number or password information), transaction information (e.g., dates on which visitors made purchases, amounts and types of purchases), and contact information (e.g., name, address, e-mail, and phone number information) as well as communications (e.g., e-mails and completed forms) that the visitor directed to our site.

Visitors can request their personal information at any time by contacting us. We will make every effort to ensure your right to privacy by reviewing, qualifying and validating Visitor Information Requests before disseminating such information.


SECURITY: ONLINE AND OFFLINE
We have licensed the industry-standard Secure Sockets Layer (SSL) technology that permits encryption of potentially sensitive information such as your name, address and credit card number. This will make your information unusable in the event of unauthorized third-party interception.

Additionally, we have appropriate security measures in place at our physical facilities to protect against the loss, misuse or alteration of your personal information.

For the Lyza Company Store, all transactions are encrypted with 128 bit or higher encryption, for which only Lyza holds the decryption key. If you are concerned about the privacy of your credit card information, we encourage you to submit your Lyza Company Store order via phone.

OTHER WEB SITES & YOUR PRIVACY CONCERNS
Our Web site contains links to other company and organizational Web sites that are not owned or operated by Lyza. We are not responsible for the privacy practices or the content of such Web sites. For more information on your privacy rights with regards to these sites, please refer to the privacy policies of each respective site that you visit.

POLICY CHANGES
By using our Web site, you consent to the collection and use of your information by Lyza. From time to time, we may use your information for new, unanticipated uses not previously disclosed in our privacy notice. All privacy policy changes and updates will be promptly posted on our Web site.

FEEDBACK
Our continuing goal is to protect and safeguard your right to privacy. As such, we appreciate all feedback that helps us improve our privacy policy. Please share with us your thoughts, comments, and suggestions.