Welcome to Noesis!
We may change our terms of service from time to time. If we do, we will post a note on our website or email you in advance.
Last Updated: December 8, 2013
General Conditions & Use
To use Noesis, you must agree you won't use Noesis to break any US local laws.
Please do not hack us (seriously, if you find a security problem, CONTACT US and we will fix it immediately).
You can use Noesis but that doesn't mean you can copy or redistribute our intellectual property (like our trademarks, name, logo, source code, etc). Again, you have to follow your US local laws when using Noesis.
Noesis has a lot of user-submitted content (like our blogs). By uploading content to Noesis, you are providing Noesis & each member or user of the website a non-exclusive license of that content. We may moderate this content or remove it at our discretion. Sometimes we will access your content in order to provide support or technical assistance.
Our terms of service are effectively a contract between you and Noesis so make sure you read them
The Service is made available to you for:
- your personal use;
- your internal business use; or
- if you are a Managed Service Provider (“MSP”), or a Value Added Reseller (“VAR”), use in the commercial support of your customers in compliance with all applicable laws, rules, and regulations.
In our efforts to continually improve and update the Service, we may stop providing the Service temporarily, or we may stop providing the Service permanently, in either case without notice. You acknowledge and agree that, if Noesis disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other content that is contained in your account. In addition, the Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Noesis is not responsible for any delays, delivery failures, or other damages resulting from such problems.
Restrictions and Prohibited Actions
You may not access the Service to monitor its availability, performance, or functionality, or for any other benchmarking or competitive purposes. Moreover, if you are one of our direct competitors, you may not access the Service without our express prior written consent.
In addition, you may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Service or any part thereof in order to:
- build a competitive product or service or a product or service using ideas, features, functions, or graphics that are similar to those of the Service;
- remove, change, or replace any Noesis trademarks, logos, copyrights, or any other branding elements;
- hide, obscure, disable, or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or
- copy any ideas, features, functions, or graphics of the Service.
You may not use any automatic device, program, algorithm or methodology (e.g. “deep-link”, “page-scrape,” “robot,” or “spider”) or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not intentionally offered with the Service. You may not use hacking, password “mining,” or other illegitimate means to attempt to gain unauthorized access to any portion or feature of the Service, systems or networks connected to the Service or any of our servers, or services offered on or through the Service.
You may not harvest or collect user names, email addresses, or any other user or Member identifying information by electronic or other means for the purpose of sending unsolicited email or other communications or uses. Similarly, you may not copy or use personal identifying or business contact information about other users or Members without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of Noesis, including any Noesis account not owned by you, to its source. You may not exploit the Service, or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service. You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service. You may not breach the security or authentication measures of the Service or any network connected to the Service.
If you chose to complete a user or company profile, you agree to accurately represent yourself, your background and experience, your work history and company affiliation, your certifications and areas of expertise, and any other personal or company information you chose to share. You also agree not to impersonate any person, company or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, company or entity.
You are solely and entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Noesis immediately of any unauthorized use of your account or password, and of any other breach of security. You, not Noesis, will be responsible for losses incurred by Noesis or any other user or Member of the Service due to someone else using your Noesis ID, password, or account, whether such use is authorized or not.
You are solely and entirely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your data, and Noesis shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any of this data. You shall not knowingly send or store spam, unlawful, infringing, obscene or libelous material, or viruses, worms, Trojan horses or other harmful code.
You may not use anyone else’s Noesis ID, password, or account at any time without the express permission and consent of the holder of that Noesis ID, password, or account. Noesis will not be liable for any loss or damage arising from your failure to comply with these obligations.Advertisements, Solicitations, and Use of Email Address
A portion of the Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Noesis on the Service are subject to change without notice. In consideration for Noesis granting you access to and use of the Service, you agree that Noesis may place such advertising on the Service and you agree to receive passive solicitations (i.e. banner advertisements and other similar forms of solicitation) on the Site.
By providing us with your email address, you agree to receive all required notices electronically to that email address. From time to time, Noesis will also use the email address you provide to send you company updates, product or services announcements, as well as special offers and events of which we think you might like to be made aware. You can only opt in or out of Noesis communications by notifying us in writing (including by email) of that choice. You may stop using the Service at any time and are under no obligation to inform Noesis when you stop using the Service.Intellectual Property Ownership
You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, or to extract significant portions of Service's files for use in other applications. You also agree (and will require third parties) not to remove, obscure, or alter Noesis’ or any third party’s copyright, trademark, or other proprietary rights notices affixed to or contained within, or accessed in conjunction with or through, the Service.User Content
You are solely responsible for all content that you upload, publish, submit, share or display (hereinafter, “post”) on or through the Service, or transmit to or share with other users or Members (collectively the “User Content”). You acknowledge and agree that you are prohibited from posting or transmitting, and you represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or transmitted by you through the Service will consist of, the following:
- any message or material that is libelous or defamatory, that discloses private or personal matters concerning any person, or that is otherwise unlawful;
- any message, data, image, or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive;
- any message that encourages conduct that would be considered a criminal offense, could give rise to civil liability or violate any law, or that is otherwise inappropriate;
- except where expressly permitted, any charity requests, petitions for signatures; franchises, distributorship, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes;
- any advertising, promotional materials, or any other solicitation of other users or Members to use or buy products, goods, or services, except in those areas (e.g., a classified bulletin board) that are designated for such purpose; or
- any materials that violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
By posting User Content to any part of the Service or the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Noesis an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You also hereby grant each Member or user a non-exclusive license to access your posted content through the Service or the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and the Site and under this Agreement.
You may remove your User Content from the Site at any time. If you remove your User Content, the license granted above will automatically expire. However, you acknowledge that this User Content may persist in backup copies or aggregate form for a period of time.
Our Service contains content created by us, third parties, and our users and Members. This content includes, among other things, reports, scripts, plug-ins, widgets, how-to projects, product reviews, white papers, and software downloads. It may also include information about products and services offered by parties other than Noesis, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, integrity, or quality of such content on the Site, and you may not rely on any of such content.
Without limitation, we are not responsible for postings by Members or users in the reports, scripts, plugins, widgets, product rating, product review, user opinion, message board, feedback, or any other sections of the Site. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Limitation of Liability sections below). You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor with whom you have contact through the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.Automatic Updates
The Desktop may communicate with Noesis’ servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plugins and new versions (collectively, “Updates”). During this process, the Desktop sends Noesis a request for the latest version information. By installing the Desktop, you hereby agree to automatically request and receive Updates from Noesis’ servers.
Some personal firewall programs may be configured in such a way as to prevent the Noesis Desktop from receiving these updates. If the computer on which you install Noesis is so configured, it may be necessary for you to make an exception entry in the configuration of the personal firewall program to allow the Noesis Desktop to successfully install and receive these updates.Information Practices
Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Noesis has many components that are free to its users. If you are a customer of a premium tool or service, you agree to pay Noesis to continue to have access to those things.
Access to and use of many components of the Service is currently provided at no charge. However, Noesis may charge a fee for access to and use of certain value-added components of the Service. If you elect to use such components, you agree to pay the required fee as specified in the applicable registration and purchase pages. If you elect not to pay any fees charged by Noesis, Noesis shall have no obligation to provide those components of the Service to you. Noesis reserves the right to begin or continue charging for, modify the pricing of, add to, or discontinue some or all components of the Service without prior notice. Should you discontinue use of any free components of the Service for a period of 6 months, Noesis reserves the right to remove your access to the Service.
If a component of the Service requires a subscription fee, your account will automatically renew unless we terminate it or you notify us by telephone of your decision to terminate the service. You must cancel any such subscription before it renews in order to avoid billing of subscription fee for the renewal term to your credit card. All fees and charges are nonrefundable, and there are no refunds or credits for partially-used periods. If payment is made via a purchase order or check, you agree to remit the payment before the date specified on the invoice.Third-Party Interactions and Links to Other Sites
During use of the Service, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers or sponsors showing their goods or services through the Service. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. Noesis and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Noesis does not endorse any sites on the Internet that are linked through the Service. Noesis provides these links to you only as a matter of convenience, and in no event shall Noesis or its licensors be responsible for any content, products, or other materials on or available from such sites. Noesis provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware or services.
Noesis graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Noesis in the United States. Noesis’ trademarks and trade dress may not be used, including as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Noesis’ express prior written consent.
Our current focus is on products & services for the United States. We have plans to expand globally, but the website is operated and available in/for the United States today.
You will comply with all applicable laws and regulations regarding its use of the Service. Noesis and its licensors make no representation that the Service is appropriate or available for use in any certain location. The Service is controlled and operated from within the United States. Noesis makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so at their own initiative and are solely responsible for compliance with all applicable laws.
DISCLAIMER OF WARRANTIES
This part is all caps, it must be really important. We don't guarantee service nor is there a warranty on our product.
Noesis and any third party who makes its software or content available in conjunction with or through the Service disclaim any responsibility for any harm resulting from your use (or use by your employees, agents, or contractors or by any individuals or entities using the Service under your Noesis ID) of the Service or any third party software or content accessed in conjunction with or through the Service.
THE SITE, ITS CONTENT AND COMPONENTS, AND THE SERVICE ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NOESIS DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, COMPONENT, SITE, OR FEATURE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. NOESIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH OR FROM THE USE OF THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR SOLE REMEDY AGAINST NOESIS FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
We specifically limit our liability if something goes wrong.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NOESIS NOR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE SHALL BE LIABLE ON ACCOUNT OF ANY USE OR MISUSE OF THE SERVICE OR SUCH THIRD-PARTY SOFTWARE OR CONTENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOESIS OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL CUMULATIVE COMBINED LIABILITY OF NOESIS AND SUCH THIRD PARTIES FOR DAMAGES EXCEED U.S. $[100.00].
Indemnification and Release
We are not responsible if problems arise with your use of our website.
If you have comments on the Service please contact us at Noesis Energy, Inc., 8303 North Mopac Expressway, Suite B230, Austin, TX, 78759. If you would like share any ideas with us on how we can improve our Service, please note that, by sharing those ideas, you grant Noesis and third parties permission to use and incorporate your ideas or comments into the Service (or third-party software or content) without further compensation or approval.
As stated above, the information contained in this web site is subject to change without notice.
Noesis Energy, Inc., 8303 North Mopac Expressway, Suite B230, Austin, TX, 78759.