terms of service

Date in Effect: October 20, 2021

Acceptable Use Policy

This policy governs the use of web sites belonging to Siena USA, Inc. and its subsidiaries, and is intended to outline our practices regarding the collection, use, disclosure, and protection of information received from users of the Site. This policy applies to all visitors, users and others who wish to accessor use the Service.  By accessing or using the Service you agree to be bound by this policy.

Scope

This Policy applies to the Site, which includes http://www.sienausa.com, its subdomains, and all of the websites and internet properties owned or operated by us, regardless of the medium in which the Site is accessed by a user (e.g., via a web or mobile browser).

Accounts

By logging in with the account we create and provide to you, you represent and guarantee that you are above the age of 18 and, if accessing the Service on behalf of an entity or other organization that you are legally authorized to act on behalf of that entity/organization.  By logging in, you further represent and guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.  Access to the service is prohibited by users under 18 years of age.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a user name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Permissible Use

You may use the Service as reasonably necessary for informational purposes only in the ordinary course of your own business. While we use reasonable and best efforts to ensure data is accurate, we provide no guarantee or warranty that the data is complete and/or free of errors.  Therefore, you should confirm that your data is accurate and complete for your intended use before relying on the data provided by the Service. Your use of the Service is thus at your sole risk.

You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), or the laws of the United States. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under these Terms of Service.

You agree not to share, reproduce, duplicate, copy, sell, resell or exploit any data obtained from the service, portion of the Service, use of the Service, or access to the Service without our express written permission, other than as expressly provided herein.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Siena USA and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Siena USA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service;(iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

The Service is provided on an“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Siena USA, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

For specific technical, legal, regulatory information, users of the Service are advised to refer to materials published by the appropriate agency or regulatory body.

Exclusions

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

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

PRIVACY POLICY

Siena USA. and its subsidiaries (collectively “we,” “us,” “our”) respect your privacy and take the responsibility of protecting the Personal Information that you provide to us via our website(s) (the “Site”). This policy outlines how we treat and protect the personal information we collect through our websites. By accepting this Privacy Policy, you consent to our collection, use, and disclosure of your personal information as described in this policy.

Information We Collect

We may collect several types of information from and about users of the Site, including:

Personal Information: We may collect personally identifiable information (“Personal Information”) from you in a variety of ways including, but not limited to, when you use, navigate, and/or complete forms on the Site as well as in connection with other activities, services, features, or resources we make available. Personal information may include, without limitation, first and last name, email address, username and password, and IP address.

Usage Information: When you use and navigate the Site, we may collect additional information from you that may not, by itself, reasonably identify you as the source (“usage information”). Usage Information may include, without limitation, information regarding your computer, the type of internet browser you are using, the location from which you are visiting the Site, the type of computer operating system you are using to access the Site, the domain name of the website from which you linked to the Site, the internet service provider utilized, or the areas of the Site you visited and the actions you performed on the Site. We will take reasonable measures to ensure that the Usage Information we collect is not personally identifiable and may not later be easily used to identify you as otherwise required by applicable law.

How We Collect Information

We may also collect personal information and Usage Information (collectively, “Your Information”):

Directly From You: We may collect Personal Information from you when you voluntarily provide personal information to us by, for example, completing forms on the Site, when you email us, and in connection with other Siena USA activities, services, features, or resources.

Through Your Use of the site: We may record Usage Information that your browser transmits when you visit the Site. We may also collect Usage Information about how you access and interact with the Site through the use of automated tracking technology, such as “cookies” and “web beacons.” A cookie is a small data file that is transferred to a web browser, which enables the Site to remember and customize your subsequent visits. Most internet browsers automatically accept cookies. You can instruct your browser to block the acceptance of cookies or to provide you with a warning prompt before you accept cookies from the Site. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Site may be limited and you may not be able to participate in several of the Site’s features. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the site that allow us to gather information about your browsing activities on the site.

From Third-party services: We may collect Personal Information about you from third parties whose privacy practices may differ from the practices described in this Privacy Policy. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third-party websites is governed by and subject to the terms and conditions of those third parties and/or third-party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third-party websites.

How We Use Your Information

We reserve the right to use your information for various general purposes to help enhance your experience. These purposes may include, but are not limited to:

Customer Service and UserCommunications: We may use Your Information, including personal information, to help us respond to your inquiries, questions, requests, and support needs more efficiently.

Provision of and/or Support Products and Services: We may use Your Information for the purposes of providing and supporting our products and services.

Direct Marketing: We may use Your Information to send you promotional materials. You have the option to opt out of receiving direct marketing.

Business Optimization: We may use Your Information in managing our everyday business needs. We may also use your feedback to improve the Site and our services.

How We Disclose Information

We will not share, sell, or distribute Your Information with any third parties including any of our affiliated companies, officers, directors, shareholders, subsidiaries, agents, or representatives, except as provided in the following circumstances:

Service Providers: your information may be shared with third-party service providers that assist us in providing customer support, communicating with customers, and promoting our services, as well as third-party service providers that provide other services to us relating to the Site and/or our services.

Law Enforcement, Safety, and legal Processes: Your Information may be shared with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also share Your Information if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights, property, or users of the Site. We may further share Your Information to act under urgent circumstances to protect the safety of our employees or a member of the public or to comply with a judicial proceeding, court order, or legal process.

Sale or Acquisition ofAssets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer Your Information as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use Your Information pursuant to their own privacy policies, and those policies may be different from our Privacy Policy.

Data Security and Integrity

Siena USA uses commercially reasonable security measures to protect Your Information. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. Asa result, while we attempt to protect Your Information, we cannot ensure or warrant that Your Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.

Siena USA processes personalInformation in ways compatible with the purpose for which Personal Information was collected, or as otherwise authorized by an individual. To the extent necessary for such purposes, Siena USA takes reasonable steps to make sure that personalInformation is accurate, complete, current, and otherwise reliable with respect to its intended use.

Modifications

This Privacy Policy was last modified at the date in effect printed above. Please note that we may update this Privacy Policy from time-to-time in our sole discretion. We encourage you to frequently check this Privacy Policy for any changes to stay informed about how we are helping to protect Your Information. We will not lessen your rights under this Privacy Policy without your explicit consent. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

External Links

This Site may contain links to other websites. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of this Site. Please be aware that we are not responsible for the privacy practices or policies of such other websites.

Accessing and Updating Information

If you ever wish to access Your Information or to have Your Information deleted, updated, changed, or modified, you may do so by contacting us at the information provided below. To cancel your account and have your information returned to you, please also contact us at the information provided below. We will make commercially reasonable efforts to handle requests to update or modify Your Information within thirty (30)days.

If you would like to opt-out of receiving direct marketing communications from us, you may do so by following any instructions included in the communication or by contacting us at the information provided below

CONTACT US

If you have any queries or complaints about the Terms of Service and/or our Privacy Policy, or if you would like to make any recommendations or comments to improve the quality of our Service, Terms, or Privacy Policy, please contact us.