Terms of Use

Introduction

This Terms of Use document applies to the Schemon website and blog, which are copyrighted work belonging to Schemon that can be accessed freely by visitors and does not require visitors to register and become users to access the system.

The portal, located at the https://portal.schemon.com subdomain, is governed by the SaaS Agreement and this Terms of Use does not apply to the portal. The portal is a different system that requires visitors to register, apply for a plan and become users. This Terms of Use document does not cover the portal and its usage which differ completely. Check the SaaS Agreement for further information about the terms of the portal usage.

Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site inconnection with such features. All such additional terms, guidelines and rules are incorporated by reference into these terms. In this regards the Privacy Policy, the Cookie Policy, the Acceptable Use Policy and Security Policy should be checked. In addition to this, any policy or agreement under the "Legal" section of the site should also be checked.

These Terms of Use describes the legally binding terms and conditions that oversee your use of the site. By visiting the site, you are being compliant to these Terms and you represent that you have the authority and capacity to enter into these Terms. You should be at least 18 years of age to access the site. If you disagree with any of the provision of these terms, do not visit or use the site. These terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

Definitions

Schemon, Inc. is referred in this document as “Schemon” or“Company”. It also implies Schemon when “we”,“us”, and “ours” is written in this document.

Schemon provides certain services over the Internet. These services, which are called “services” or “site” in this document are:

• the Schemon website (https://www.schemon.com) (called the “website”),
• the Schemon blog (https://blog.schemon.com) (called the “blog”),
• and any other service accessed over any Schemon subdomain except the Schemon portal (https://portal.schemon.com) (called the “portal”).

The software that is used to access Schemon services is referred as the “navigator”. The navigator can be desktop computer, laptop computer, tablet or mobile based. It can also be any other type of tool that provides access to Schemon services.

The person accessing services via a navigator, you, is referred as the“visitor”. It is also implied when “you” and“your” is written in this document. You are a visitor if your access is limited with the website and blog. If you are accessing the portal by signing in, you are using the Schemon portal, referred as “user” in this document.

Access to the Site

Subject to these Terms. Schemon grants you a non-transferable, non-exclusive, revocable, limited license to access the site.

Certain Restrictions. The rights approved to you in these terms are subject to the following restrictions:

• (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site;
• (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site;
• (c) you shall not access the site in order to build a similar or competitive website;
• (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated,

any future release, update, or other addition to functionality of the site shall be subject to these Terms. All copyright and other proprietary notices on the site must be retained on all copies thereof.

Schemon reserves the right to change, suspend or cease the site with or without notice to you. You approved that Schemon will not be held liable to you or any third-party for any change, interruption or termination of the site or any part.

No Support or Maintenance. You agree that Schemon will have no obligation to provide you with any support in connection with the site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the site and its content are owned by Schemon or Schemon's suppliers.

Note that these Terms and access to the site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed this document. Schemon and its suppliers reserve all rights not granted in these Terms.

Third-Party Links and Advertisements

The site may contain links to third-party websites and services. The site may also display advertisements for third-parties. Such third-party links and advertisements are not under the control of Schemon and Schemon is not responsible for any third-party links and advertisements. 

Schemon provides access to these third-party links and advertisements only as a convenience to you, and does not review, approve, monitor, endorse, warrant or make any representations with respect to third-party links and advertisements. 

You use all third-party links and advertisements at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links and advertisements, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.

You hereby release and forever discharge the Company and our officers, employees, agents, successors and assigns from, and hereby waive and relinquish, each and every past, present and futuredispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Users

The site does not permit you to become a user and does not provide any means to become a user. The portal, permits and gives the ability to become a user of the portal only. The site only can redirect to the portal, which is not governed by this agreement, see the SaaS Agreement for terms related to the portal.

Cookies and Web Beacons

Like any other website, Schemon uses ‘cookies'. These cookies are used to store information including visitors' preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and / or other information. Please see the Cookie Policy for more information.

Disclaimers

The site is provided on an "as-is" and "as available" basis and Schmon and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties orconditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Schemon or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars ($50 USD). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this section, these terms will remain in full force and effect while you use the site. We may suspend or terminate your rights to use the site at any time for any reason at our sole discretion, including for any use of the site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the site will terminate immediately. Schemon will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the provisions in this document will remain in effect.

Copyright Policy

Schemon respects the intellectual property of others and asks that visitors of our site do the same. In connection with our site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that the site is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and / or by prominently posting notice of the changes on our site. 

You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. 

Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. 

These changes will be effective immediately for new visitors of our site. Continued use of our site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Schemon and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement

‍All claims and disputes in connection with the Terms or the use of the site provided by Schemon that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. 

Unless otherwise agreed to, all arbitration proceedings shall be held in English. 

This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized visitors or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution‍

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. 

A Notice to the Company should be sent to: Christiana Corporate Business Center, 200 Continental Dr Suite 401, PMB 1578, Newark, DE 19713, USA. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules

‍Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration asset forth in this section. 

If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are inconflict with the Terms. 

The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. 

The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. 

Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and / or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

‍If you or the Company pursues arbitration, the arbitration action must be initiated and / or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

‍If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. 

The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. 

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial

‍THE PARTIES HEREBY WAIVETHEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE ATRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

‍All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer.

Confidentiality

‍All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

‍If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive

‍Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement

‍This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court

‍Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief

‍Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration

‍Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Delaware, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications

‍The communications between you and Schemonuse electronic means, whether you use the Site or send us emails, or whether Schmon posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Schemon in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that Schmon provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms

‍These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Schmon is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Schemon's prior written consent, and any attempted assignment, subcontract, delegation, or transfer inviolation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy

Please read our Privacy Policy.

Copyright/Trademark Information

‍Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Please see the Trademark Usage Policy for more information about the usage of the Schemon Marks.

Updates to This Terms of Use

This Terms of Use might be updated from time to time. The date at the top of this Terms of Use indicates when it was last updated. Please re-visit this Terms of Use regularly to stay informed.

How to Reach Us

If you have a question about this Terms of Use, or you would like to contact us about any of your rights mentioned herein, please contact us at info@schemon.com.

Youmay reach us by mail at Schemon, Inc., Christiana Corporate Business Center, 200 Continental Dr, Suite 401, PMB 1578, Newark, DE, 19713, USA.