The terms contained in this Addendum shall only apply to the Services for Preparis (“Preparis”) on the Order Form between Mitratech and Customer. In the event of a conflict between the terms of the Agreement, the Order Form, and the remainder of this Addendum, the Addendum shall control.
- Limitation of Damages. Preparis shall not be responsible to Customer, to any recipient of a communication from the Services, or to any other person for any charges or claims that arise from Customer’s or an individual person’s receipt of or response to a notification message in the course of Customer’s use of the services.
- Restrictions of Use.
- Customer will not in connection with use of the Services: (a) interfere with or disrupt the computer networks of Preparis or attempt to do so; (b) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (c) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Preparis or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (d) interfere with or disrupt the use of the Services by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Preparis, including any Preparis account not owned by Customer; (e) probe, scan or test the vulnerability of the Services or any network connected to the Services or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, Preparis’ systems or networks, or any systems or networks connected to this website or to Preparis; or (g) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.
- Customer may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of the Services or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
- Customer shall not use the Services to develop, support, or create any database or product that competes directly with the Services or any other Preparis product or service offered in the marketplace, or would create a functional substitute for any such Preparis products or content.
- Customer may download and use certain content that is purposely and expressly made available by Preparis for downloading from the Services (such as product sheets or articles), provided that Customer: (i) does not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) uses such information only for Customer informational purposes and does not copy or post such information on any networked computer or broadcast it in any media, (iii) makes no modifications to any such information, and (iv) does not make any representations or warranties relating to same.
- Modification of Services. Preparis may make changes to the Services without notice, provided such changes affects all similarly situated users of the Services.
- Log-in. Customer acknowledges that usernames and passwords that are provided to Customer are for Customer use only, may not be shared, and shall be considered as Confidential Information.
- No Advice. Customer should not rely on the Services and the information and resources contained in the Services as a replacement or substitute for any professional, financial, legal or other advice or counsel.
- Links to Third Party Websites. The Services may contain links to websites of third parties. These links are provided to Customer as a convenience, Preparis is not responsible for the content of any linked website. In addition, a link to any non-Preparis website does not imply that Preparis endorses or accepts any responsibility for the content or use of such a website.
- Text Messaging. For all Preparis Services that contain text messaging capabilities, the following shall apply:
- Preparis enables Customer to send alert messages to employees for incidents and emergencies, examples include cyber incident, IT outages, active shooter threats, severe weather and natural disaster (“SMS Alerts”). In some cases, Customer’s organization may request a response to such SMS Alerts. These messages are powered by a third-party service provider that enables Preparis to send and receive these alerts. Additional terms and conditions for the use of this third-party service may apply through the use of the SMS service.
- Customer can unsubscribe from receiving the SMS Alerts at any time by texting “STOP” to the short code upon which Preparis will send a SMS message to confirm that you have been unsubscribed. After this, SMS Alerts will no longer be received from Preparis unless Customer signs up for them again.
- For issues with the SMS Alerts, Customer may reply with the keyword HELP for more assistance, or can get help directly at [email protected] or by calling 855-447-3750 (charges may apply).
- Preparis and carriers are not liable for delayed or undelivered messages due to circumstances out of their respective controls.
- Message and data rates may apply for messages sent and received. Message frequency varies. Customer shall direct any questions or concerns regarding their respective data or text plans to the wireless provider.
- Additional Terms and Conditions for Advisory Services and Consulting:
- Working Practice. Customer will designate a representative to be the project sponsor for the Services. This representative will be the focal point for all communications relative to the Services and will have the authority to act on Customer’s behalf in matters regarding the Services. Customer will provide adequate working space at Customer’s site for Preparis to work if on site. Customer’s employees will be made reasonably available to Preparis for planned meetings, to answer questions, and to provide information concerning the project (existing plans, processes, procedures, recovery strategy, etc.) in a timely fashion. Customer will ensure participation of key personnel in meetings.
- Project Assumptions. All work will be performed during normal business hours, Monday through Friday, except applicable holidays. Preparis shall not have responsibility for any product that is not provided by nor any task that is not performed by Preparis during the engagement. Failure of Customer to provide accurate information regarding processes, recovery tasks, or business requirements may add time and cost to the project. Preparis is not responsible for delays, errors, or omissions caused or incurred by other parties.
[End of Preparis Additional Terms Addendum]
