Third Party Providers. The Services receive Client Data from third party sources and are dependent on the third party's services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIs) (“Third Party Services”). Third Party Services are not offered, controlled or provided by Smarsh. A Third-Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to Smarsh. In addition, the availability of the Third-Party Service may depend on Client’s compliance with the Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data to Smarsh. Smarsh does not control and is not responsible or liable for how the Third-Party Service transmits, accesses, processes, stores, uses, or provides data to Smarsh. Smarsh expressly disclaims all liability related to or arising from any Third-Party Service, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all Third-Party Service terms and conditions. Client acknowledges that certain Third-Party Services do not represent that they are suitable for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media providers, telecommunication carriers and certain messaging platforms. Client agrees that if Client transmits sensitive health or financial information via these unsecure Third Party Services networks, Client assumes all risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to Smarsh. Such transmission may also be a breach of the AUP.
Appears in 6 contracts
Samples: Smarsh Services Agreement, Smarsh Services Agreement, Smarsh Services Agreement
Third Party Providers. The Services receive Client Data from third party sources and are dependent on the third party's services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIs) (“Third Party Services”). Third Party Services are not offered, controlled or provided by Smarsh. A Third-The Third- Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to Smarsh. In addition, the availability of the Third-Third- Party Service may depend on Client’s compliance with the Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data to Smarsh. Smarsh does not control and is not responsible or liable for how the Third-Third- Party Service transmits, accesses, processes, stores, uses, uses or provides data to Smarsh. Smarsh expressly disclaims all liability related to or arising from any Third-Party Service, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, services or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all Third-Party Service terms and conditions. Client acknowledges that certain Third-Party Services do not represent that they are suitable for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media providers, telecommunication carriers and certain messaging platforms. Client agrees that if Client transmits sensitive health or financial information via these unsecure Third Party Services networks, Client assumes all additional risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to Smarsh. Such transmission may also be a breach of the AUP.
Appears in 2 contracts
Samples: Software Agreement, Software Agreement
Third Party Providers. The Services receive Client Data from telecommunications providers and other third party sources service providers and are dependent on the third party's services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIs) (“Third Party Services”). Third Party Services are not offered, controlled or provided by Smarsh. A Third-Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to Smarsh. In addition, the availability of the Third-Third- Party Service may depend on Client’s compliance with the applicable Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data to Smarsh. Smarsh does not control and is not responsible or liable for how the Third-Party Service transmits, accesses, processes, stores, uses, or provides data to Smarsh. Smarsh expressly disclaims all liability related to or arising from any Third-Party Service, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all Third-Party Service terms and conditions. Client acknowledges that certain Third-Party Services do not represent that they are suitable for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media providers, telecommunication carriers and certain messaging platforms. Client agrees that if Client transmits sensitive personal, health or financial information via these unsecure Third Party Services networksServices, Client assumes all risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to Smarsh. Such transmission may also be a breach of the AUP.
Appears in 1 contract
Samples: Smarsh Services Agreement
Third Party Providers. The SaaS Services receive Client Data from third third-party sources sources, and as such are dependent on the third party's party services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIsAPI’s) (“Third Party Services”). Third Party Services are not offered, controlled or provided by Smarsh. A The Third-Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to SmarshXxxxxx. In addition, the availability of the Third-Party Service may depend on Client’s compliance with the Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data to Smarsh. Smarsh does not control and is not responsible or liable for how the Third-Party Service transmits, accesses, processes, stores, uses, uses or provides data to SmarshXxxxxx. Smarsh Xxxxxx expressly disclaims all liability related to or arising from any Third-Party ServiceServices, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, services or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all any Third-Party Service Services terms and conditions. To integrate the SaaS Services with certain Third Party Services, Client acknowledges that certain may be required to provide Client’s or Client’s end user access credentials for the Third-Party Services do not represent that they are suitable Service. In such cases, to provide the Service, Xxxxxx’x access must be approved (a) by Client for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media all end users or content; or (b) by each individual end user. With respect to third party text message providers, telecommunication carriers additional carrier specific terms and certain messaging platformsconditions may apply. Client agrees that if Client transmits sensitive health or financial information via these unsecure Third Party Services networks, Client assumes all risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to SmarshThe Additional Text Service Terms are available at xxx.xxxxxx.xxx/legal. Such transmission may also additional terms are subject to modification by the applicable third party or carrier and such modifications shall be a breach of the AUPincorporated into this Agreement upon notice to Client.
Appears in 1 contract
Samples: Service Agreement
Third Party Providers. The Services receive Client Data from third party sources and are dependent on the third party's services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIs) (“Third Party Services”). Third Party Services are not offered, controlled controlled, or provided by Smarsh. A Third-Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to Smarsh. In addition, the availability of the Third-Party Service may depend on Client’s compliance with the Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data Client’s data to Smarsh. Smarsh does not control and is not responsible or liable for how the Third-Party Service transmits, accesses, processes, stores, uses, or provides data to Smarsh. Smarsh expressly disclaims all liability related to or arising from any Third-Party Service, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all Third-Party Service terms and conditions. Client acknowledges that certain Third-Party Services do not represent that they are suitable for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media providers, telecommunication carriers and certain messaging platforms. Client agrees that if Client transmits sensitive health or financial information via these unsecure Third Party Services networks, Client assumes all risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to Smarsh. Such transmission may also be a breach of the AUP.
Appears in 1 contract
Samples: Smarsh Services Agreement
Third Party Providers. The SaaS Services receive Client Data from third third-party sources sources, and as such are dependent on the third party's party services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIsAPI’s) (“Third Party Services”). Third Party Services are not offered, controlled or provided by Smarsh. A The Third-Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to Smarsh. In addition, the availability of the Third-Party Service may depend on Client’s compliance with the Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data to Smarsh. Smarsh does not control and is not responsible or liable for how the Third-Party Service transmits, accesses, processes, stores, uses, uses or provides data to Smarsh. Smarsh expressly disclaims all liability related to or arising from any Third-Party ServiceServices, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, services or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all any Third-Party Service Services terms and conditions. To integrate the SaaS Services with certain Third Party Services, Client acknowledges that certain may be required to provide Client’s or Client’s end user access credentials for the Third-Party Services do not represent that they are suitable Service. In such cases, to provide the Service, Xxxxxx’x access must be approved (a) by Client for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media all end users or content; or (b) by each individual end user. With respect to third party text message providers, telecommunication carriers additional carrier specific terms and certain messaging platformsconditions may apply. Client agrees that if Client transmits sensitive health or financial information via these unsecure Third Party Services networks, Client assumes all risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to SmarshThe Additional Text Service Terms are available at xxx.xxxxxx.xxx/xxxxx. Such transmission may also additional terms are subject to modification by the applicable third party or carrier and such modifications shall be a breach of the AUPincorporated into this Agreement upon notice to Client.
Appears in 1 contract
Samples: Smarsh Service Agreement
Third Party Providers. The Services receive Client Data from third party sources and are dependent on the third party's services, software, applications, platforms (such as third party social media, business networking platforms systems, telecommunications carriers, or other messaging or communication services or APIs) (“Third Party Services”). Third Party Services are not offered, controlled or provided by SmarshBrandlive. A Third-Party Service may make changes to its service, or components thereof, or suspend or discontinue a service without notice to SmarshBrandlive. In addition, the availability of the Third-Party Service may depend on Client’s compliance with the Third-Party Service terms. The Third-Party Service will have access to Client’s data and will provide Client Data to SmarshBrandlive. Smarsh Brandlive does not control and is not responsible or liable for how the Third-Party Service transmits, accesses, processes, stores, uses, or provides data to SmarshBrandlive. Smarsh Brandlive expressly disclaims all liability related to or arising from any Third-Party Service, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, or termination of Client’s account by the Third-Party Service. Client is solely responsible for ensuring Client complies with all Third-Party Service terms and conditions. Client acknowledges that certain Third-Third- Party Services do not represent that they are suitable for sensitive communications and do not encrypt messages sent over such Third-Party Services networks, including social media providers, telecommunication carriers and certain messaging platforms. Client agrees that if Client transmits sensitive health or financial information via these unsecure Third Party Services networks, Client assumes all risk associated with such transmission and is responsible for any damages or losses incurred with respect to transmitting such sensitive data over such networks and to SmarshBrandlive. Such transmission may also be a breach of the AUP.
Appears in 1 contract
Samples: Services Agreement