These Terms of Use ("Terms of Use") govern your access to and use of the Site. These Terms of Use are between Appian Corporation ("Appian", "We" "Us" or "Our"), and you ("You" or "Your").
AS A CONDITION OF YOUR USING THIS SITE, YOU AGREE TO ACCEPT THESE TERMS. YOUR USE OF THE SITE WILL BE GOVERNED BY AND SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
We may amend these Terms of Use at any time by posting the amended terms on this Site. Your access, link to or use of the Site after the date such amended terms are posted shall be deemed to constitute Your acceptance of such amended terms. These Terms of Use may not otherwise be amended except in a writing signed by You and Us.
The Site, including graphics, logos, button icons, and images is the property of Appian or its licensors, and is protected by United States and international copyright, trade dress, trademark, and unfair competition laws. All rights in the Site, including all rights in the graphics, logos, button icons, and images not expressly licensed to You under these Terms of Use are expressly retained by Appian and its licensors.
You may access certain documents of Appian and its licensors on the Site, including but not limited to articles, marketing literature and discussion forums ("Documents"). You may download, view, copy, and print the Documents subject to the following: (a) the Documents may be used only for personal, informational, and non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except as set forth above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any Documents, in whole or in part, without Our express, prior written consent.
You may access and download certain software and associated documentation of Appian and its licensors on the Site (the "Software"). Any Software You download or access through the Site is the copyrighted work of Appian or its licensors. Use of the Software is subject to the terms of the separate software license agreement between You and Appian which governs Your use of the Software ("Software License Agreement") and which triggered Your receipt of a username and password to access the Site. To the extent you do not have a separate license agreement with Appian for the Software, you are prohibited from downloading, accessing or using the Software without Appian's express prior written consent.
The Software, Documentation and other material provided on the Site by Appian and its licensors are collectively referred to as the "Content".
UNLESS OTHERWISE AGREED UPON IN THE SOFTWARE LICENSE AGREEMENT, THE CONTENT AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. NEITHER APPIAN NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE CONTENT OR SITE ARE FREE FROM ERROR OR WILL FUNCTION WITHOUT INTERRUPTION. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE OR IN THE SOFTWARE LICENSE AGREEMENT, THE CONTENT AND SITE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTION, QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE OR THE SOFTWARE LICENSE AGREEMENT AND SUBJECT TO ANY LIMITATIONS UNDER APPLICABLE LAW, APPIAN, ITS EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTIES EITHER EXPRESSED, STATUTORY, IMPLIED, ORAL, WRITTEN OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE CONTENT OR SITE.
EXCEPT TO THE EXTENT AGREED UPON IN THE SOFTWARE LICENSE AGREEMENT, YOU AGREE THAT NEITHER APPIAN, NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE SITE OR CONTENT, WHICH DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOST SAVINGS, PAYMENTS TO THIRD PARTIES, OR OTHER SIMILAR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, IF EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF THE DAMAGES RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY.
You may contribute certain software or other material to the Site, including but not limited to software code and discussion forum postings ("Contributions"). By uploading, emailing, posting, publishing or otherwise transmitting and contributing content to the Site, You acknowledge that such Contributions are not confidential and automatically grant (or warrant that the owner of such rights has expressly granted) Us a perpetual, royalty-free, irrevocable, nonexclusive, transferable license to use, execute, reproduce, display, perform, distribute copies of and prepare derivative works based upon such Contributions, and to authorize or sublicense third parties to do any, some, or all of the foregoing. To the extent permitted by applicable law, You agree to waive all moral rights in the Contributions.
You warrant and agree that You will not upload, email, post, publish or otherwise transmit through the Site any Contributions that: (a) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) are defamatory, trade libelous, threatening or harassing; (d) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; (e) are obscene or contain child pornography; or (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
WARNING: YOU SHOULD NOT POST YOUR COMPANY’S CONFIDENTIAL INFORMATION TO THE SITE, AS IT WILL BE VISIBLE TO OTHER SITE USERS.
Contributions shall be provided in a noncommercial manner only. You shall not distribute or otherwise publish any Contributions containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Us, You agree not to collect or store personal data about other users.
We have no obligation to monitor Your Contributions. However, We reserve the right to review Your Contributions and to remove any Contributions at Our sole discretion.
Access and use of the Site is restricted to authorized users only. You may not share Your password, username or access to the Site. You are responsible for maintaining the confidentiality of Your username and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your username and password. You should notify Appian immediately if You believe there has been unauthorized use of Your username or password or any other breach of the Site's security.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any Appian accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Appian accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any Appian accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any Appian accounts, computer systems or networks without Appian's express written consent.
You shall defend or settle at Your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, against Us and/or each of our affiliates, directors, officers, agents, employees, licensors or licensees to the fullest extent permitted by law arising out of or in connection with Your breaching any of the warranties or other provision of these Terms of Use. The foregoing indemnity shall survive expiration or termination of these Terms of Use.
These Terms of Use are governed by and subject to the laws of the Commonwealth of Virginia without regard to conflicts of law provisions. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration in the County of Fairfax, Virginia in accordance with the Rules of the American Arbitration Association ("AAA") by a single arbitrator to be designated by AAA, and judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any decision by the arbitrator shall be final and binding, and except in cases of fraud or gross misconduct by the arbitrator, the decision rendered shall not be appealable. The prevailing party in the arbitration proceeding shall be entitled to recover attorney's fees, all reasonable out of pocket costs and disbursements, as well as any and all charges which may be made for the arbitration's cost and the fees of the arbitrator.
Children under the age of 13 are not eligible to use this Site. You acknowledge that You are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult.
Notices to Us under these Terms of Use shall be sufficiently given only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: Appian Legal Department, 7950 Jones Branch Dr McLean, VA 22102.
Except to the extent Your Software License Agreement governs Your use and Our obligations in connection with the Software that You access or download from the Site, these Terms of Use contain the entire agreement between Us and You with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Us and You with respect to this Site. A party may only waive its rights under these Terms of Use by a written document executed by both parties. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision hereof.
If You have any questions about these Terms of Use, the practices of the Site, or Your dealings with Us, please contact Us at community@appian.com.