TABLEAU SOFTWARE, INC. WEBSITE TERMS OF SERVICE (TOS)
DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including new releases, shall be subject to these or other applicable TOS. You also understand and acknowledge that Sewing System may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you. You understand and agree that the Service is provided "AS-IS" and that Sewing System assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings, or changes to the Service Sewing System may make from time to time. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
You acknowledge and agree that the Service, any Sewing System proprietary software (“Sewing System Software”) and any other necessary software provided in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Sewing System, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Sewing System Software or other software or materials, in whole or in part.
Sewing System, all Sewing System logos and product and service names are or may be trademarks of Sewing System (the "Sewing System Marks"). Except as solely enabled by any link as provided by Sewing System, you agree not to display or use in any manner the Sewing System Marks without Sewing System’s prior written consent.
You agree that Sewing System may, under any circumstances and without prior notice, immediately terminate your Sewing System account, and access to the Service and/or any and all Content or materials. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Sewing System may also terminate this Agreement, your Sewing System account, access to the Service and/or any and all Content or materials for any reason or no reason whatsoever. Termination of your Sewing System account includes: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations shall be made in Sewing System's sole discretion and that Sewing System shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service or Content.
The TOS constitutes the entire agreement between you and Sewing System concerning your use of the Service, superseding any prior agreements between you and Sewing System with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sewing System services or Sewing System Software, affiliate services, third-party content or third-party software. The TOS and the relationship between you and Sewing System shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Sewing System agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Seattle, Washington. The failure of Sewing System to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
This TOS is 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 (if any) and/or by prominently posting notice of the changes on our site. Any changes to this TOS will be effective no later than thirty (30) calendar days following our posting of notice of the changes on our Site. Continued use of our Service 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.
ACCOUNT, PASSWORD AND SECURITY
As part of your use of the Service, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Sewing System of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sewing System cannot and will not be liable for any loss or damage arising from your failure to properly safeguard your account or password. You have sole responsibility for adequate protection and backup of Content of any type that you upload to, download from or otherwise create or use with, the Service, and/or equipment you use in connection with the Service.
CHARGED OFFERINGS AND FEES
The Service may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Service may require payment. You may also be provided "trial", "demo", "beta" or other limited-functionality or limited-access versions of the Service and/or its parts with or without charge. In addition to any fees required to access certain features, capabilities, functions or services offered through or by the Service ("Charged Offerings"), you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect) and for all third party hardware, software, service and/or other costs you may incur in order to access the Service and your account. Neither these TOS nor your account entitle you to any subsequent releases of the Services, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the Service without paying applicable charges or except as otherwise expressly and explicitly provided by Sewing System. All or some of the Service may need to be downloaded to your computer and/or accessed online. You must have authorized and separate Service access for each account you wish it to be enabled for and, where applicable, you must download and install any necessary software on each machine on which you wish to use and access the Service.