The following terms of use (“Terms of Use”) apply to all visitors to or users of this Web site (this "Site"), which Site is owned and operated by Derive Technologies. or one of its affiliates (collectively, "DERIVE TECHNOLOGIES"). Please feel free to browse this Site; however, your access and use of this Site is subject to these Terms of Use and all applicable laws. By accessing, browsing and/or using this Site, you acknowledge that you have read, understand and accept, without limitation or qualification, these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Site. DERIVE TECHNOLOGIES reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. By using this Site you agree to be bound by such modifications, alterations or updates and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.

Copyrights and Trademarks

The documents and information on this Site are copyrighted materials of DERIVE TECHNOLOGIES, third parties or both. You are granted permission to display, copy and download the materials on this Site for personal, non-commercial use only, provided you do not modify such materials and that you retain all copyright and other proprietary notices contained in such materials. Except as expressly permitted in the immediately preceding sentence, you may not reproduce in any form, or by any means (including without limitation by “mirroring” on another server) any portion of the materials on this Site without DERIVE TECHNOLOGIES’ prior written consent. 

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of DERIVE TECHNOLOGIES or third parties.  You are not permitted to use the Marks without the prior written consent of DERIVE TECHNOLOGIES or such third party that owns the Mark.

Any feedback or other information you provide at this Site shall be deemed to be non-confidential and DERIVE TECHNOLOGIES shall be free to use such information on an unrestricted basis.

Global Availability

Information DERIVE TECHNOLOGIES publishes on this Site may contain references or cross references to DERIVE TECHNOLOGIES products, programs and services that are not announced or available in your country. Such references do not imply that DERIVE TECHNOLOGIES intends to announce such products, programs or services in your country. Consult DERIVE TECHNOLOGIES' business contact for information regarding the products, programs and services that may be available to you.

Limitation of Liability and General Disclaimer

ALL INFORMATION AND ANY SOFTWARE AVAILABLE FOR DOWNLOAD ON THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  DERIVE TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Although DERIVE TECHNOLOGIES has attempted to provide accurate information on this Site, information on this Site may contain inadvertent technical inaccuracies or typographical errors and DERIVE TECHNOLOGIES assumes no responsibility for the accuracy of the information on this Site.  Information on this Site may be changed or updated without notice. DERIVE TECHNOLOGIES may also make improvements and/or changes in the products or services described on this Site at any time without notice.

DERIVE TECHNOLOGIES’ obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from DERIVE TECHNOLOGIES through this Site that is provided without an agreement, that product or service is provided "AS IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

This Site may contain links to third-party Internet sites. Your access to and use of any other Internet sites linked to this Site is at your own risk.  DERIVE TECHNOLOGIES provides these links merely as a convenience and DERIVE TECHNOLOGIES does not endorse or accept any responsibility for the content, or the use, of such sites, even if they contain an DERIVE TECHNOLOGIES logo. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. In addition, the mention of non-DERIVE TECHNOLOGIES products or services is for information purposes only and constitutes neither an endorsement nor a recommendation by DERIVE TECHNOLOGIES.

IN NO EVENT WILL DERIVE TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OR DAMAGE TO DATA, ARISING OUT OF ANY USE OF, OR INABILITY TO USE, THIS SITE OR ANY SITE LINKED TO THIS SITE, EVEN IF DERIVE TECHNOLOGIES OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Choice of Law

This Site is controlled and operated by DERIVE TECHNOLOGIES from its offices within the United States. DERIVE TECHNOLOGIES makes no representation that materials on this Site are appropriate or available for use in other locations, and access to such materials from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DERIVE TECHNOLOGIES brings to enforce these Terms of Use or otherwise in connection with any matters related to this Site shall be brought only in the state courts of the State of New York or the Federal District Court for the Southern District of New York.

PRIVACY POLICY

Derive Technologies is committed to protecting your privacy. We have designed our sites so you may visit them without revealing any personal information.  However, we may ask you to provide information that personally identifies you in certain circumstances, including for example when you register for an event, request information or join one of our email notification services. Derive Technologies’ Web sites may contain links to sites controlled by, and pages maintained by, independent third parties. Derive Technologies does not control the use of personal information provided to such third parties and such information will be governed by the applicable third party’s privacy policy.

Why does Derive Technologies collect information?

1. To help us personalize Website content to you.
2. To help improve the value of the information provided on our site to you.
3. To alert you to Derive Technologies’ product and service offerings, events, and other new or updated information.
4. To send information regarding upcoming events, training classes, products or service offerings to you through the US Mail or via electronic mail.
5. To evaluate job applicants in the case of online job application submissions.
6. To request your voluntary participation in research surveys.
7. To provide you online access to your account information.

As mentioned previously, Derive Technologies has designed its sites so that you may visit them without revealing any personal information.  However, in some instances, it is necessary for Derive Technologies to collect information on you in order to efficiently perform the service you may have requested. 

At times you may receive promotions, specials, newsletters or other pertinent information from Derive Technologies. If you prefer not to receive those, you can opt out by sending us an email at http://www.derivetech.com/promos/remove.asp or by mentioning it directly to your account manager.

Derive Technologies is committed to providing all customers with a world-class experience. In order to measure how well we are doing and to better understand how we can continually improve our product offerings and our ability to meet your unique requirements, from time-to-time we may contact you by phone or e-mail and solicit your participation in research. Your participation is voluntary and you may request to remove yourself from future efforts of this kind. 

What information does Derive Technologies collect?

Some of our services require you to register for an account.  In such instances, Derive Technologies may request personal data such as your first and last name, your company name, your physical addresses, your telephone number, a password, and your email address.  For other services, such as online purchases, we may request credit card or other payment information which we maintain in encrypted form on secure servers. 

How do I update my information?

In order to update your information, you can either request a change from a Derive Technologies employee or you may do it on your own online by visiting our site and logging in to your account.  Once there, you can access your “My Account” page and will find a “My Profile/Password” link that allows you to edit your information. 

How does Derive Technologies secure my information?

As an existing customer, you have the opportunity to view and purchase quotes online, review your invoices, view and update support contracts as well as access your account team’s contact information.  Access to your personal information is restricted within our company to provide maximum security.  Only authorized programming personnel are permitted to see your password. If you forget your password, you can request a new one be created and emailed to you. Only authorized sales, customer service and accounting personnel are permitted access to your account and credit card information, which is stored in encrypted form on secure servers.

We employ powerful 128-bit encryption technology and Secure Socket Layers (SSL) in all areas where your personal identity is required.

Use of Cookies?

Certain portions of the Derive Technologies website may use cookies to enhance your experience. Cookies are pieces of information used for record-keeping and navigation-tracking purposes. Use of cookies makes web-surfing easier by performing certain functions such as saving your username, passwords or your personal preferences regarding your use of the particular website. Many consider the use of cookies to be an industry standard. Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of the Derive Technologies website will not function properly when you view them. Derive Technologies will never use cookies as a means of infringing upon your privacy, but will only use cookies as a means of enhancing your experience with this website.

IP Addresses

We collect an IP address from all visitors to the Derive Technologies websites. Your IP address is used to help diagnose problems with our server, to analyze trends, administer the site, track user's movement, and gather broad demographic information about aggregate site use.  IP addresses ARE NOT linked to personally identifiable information.

Protection of Your Personal Information

Derive Technologies DOES NOT SELL PERSONAL INFORMATION TO ANY OUTSIDE SOURCES.  Additionally, Derive Technologies does not exchange, trade, give or relinquish personal information to any outside sources except in some instances for the following purposes: i) to complete a transaction that was initiated by you ii) to co-market to you with a strategic partner of Derive Technologies, or iii) to respond to subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise our legal rights or defend against legal claims.  Additionally, your personal and account information may also be disclosed in connection with a sale of some or all of our business or a merger with another company.

Your Acceptance of These Terms

By using this site, you signify your consent to the Derive Technologies Internet Privacy Policy. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Please check this page periodically for changes.

Questions

If you choose not to provide personal, or other, information, you can still use the majority of the Derive Technologies Web sites. If for some reason you believe Derive Technologies has not adhered to these principles, please notify us by e-mail (legal@derivetech.com), and we will use commercially reasonable efforts to promptly determine and correct the problem.

If you have any questions about this privacy statement, the practices of this website, or your dealings with this website, please contact:

Derive Technologies
116 John Street 21st Floor
New York, NY 10038
(212) 363-1111