Effective Date: July 15, 2021
General
These terms of use apply to www.symbotic.com (this “Site”), and all other websites maintained by Symbotic Inc. (“Symbotic”). By using this Site, you agree to be bound by these terms, which may be modified, amended or replaced by other terms and conditions. If you do not agree to these terms of use, do not use this Site.
Symbotic is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify or update the contents of this Site at any time, but we have no obligation to update any information on this Site.
Symbotic reserves the right to update or modify these Terms of Use at any time in its sole discretion or to comply with relevant law, and will post the effective date of any updates or modifications to this Site at the top of these Terms of Use.
Intellectual Property
This Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Symbotic and is protected by copyright, trademark and other United States and international intellectual property laws. Any unauthorized use of this Site is strictly prohibited and may violate copyright, trademark, and other laws. Unless expressly permitted, you may not copy or distribute any content from this Site. Symbotic grants you a non-exclusive and non-transferable right to make reasonable use of the information, software and documentation made available to you on this Site. You may not copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of this Site or any part of this Site without the prior written consent of Symbotic. For example, you may not copy, reproduce, publish, upload to another website, or otherwise distribute any of the images on this Site.
Digital Millennium Copyright Act
Symbotic will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Symbotic’s Copyright Agent at copyrightnotices@symbotic.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Symbotic Inc.
Attn: General Counsel
200 Research Drive
Wilmington, MA 01887
To be effective, the notification must be in writing and contain the following information:
User Submissions
Certain areas of this Site may permit you to submit feedback, information, data, text, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Symbotic an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, sub-licensable license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Symbotic deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Symbotic shall have no obligation of any kind with respect to such User Submissions. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Symbotic will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
User Conduct
Your use of this Site may not include any activity that may:
You may not submit any User Submission that is reasonably considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy, and Symbotic will remove any such User Submission that violates these terms of use in any way.
You may not use this Site for unlawful purposes. You may not access, use, or copy any portion of this Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. User activities that aim to render this Site or associated services inoperable or to make their use more difficult are forbidden. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of this Site. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
Third-Party Websites
This Site may link to, or be linked to, websites not maintained or controlled by Symbotic. If you use these links, you will leave this Site. Those links are provided solely as a convenience to you. Symbotic is not obligated to review, does not control, is not responsible for, and does not warrant or endorse any third-party website or any products or services made available through those websites. Please take care when leaving this Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
Linking to this Site
If you operate a website and are interested in linking to this Site: you agree that (i) the link must be clearly marked; (ii) the link and its use must be in connection with a website of appropriate subject matter; (iii) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Symbotic’s names and trademarks; (iv) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Symbotic; and (v) the link, when activated by a user, must display this Site full-screen and not within a “frame.” Symbotic reserves the right to revoke consent to link to this Site at any time in its sole discretion, either by amending these Terms of Use or through other notice.
Privacy Notice
Symbotic values your privacy. Please click here to review our current Privacy Notice, which also governs your use of this Site.
Indemnification
You agree to indemnify, defend, and hold harmless Symbotic and each of its parents, subsidiaries, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, costs, judgments, settlements, fines, penalties, expenses, or fees (including, without limitation, reasonable attorneys’ fees and costs) that arise out of or in connection with your access to or use of this Site, your misuse of any material, data, or other information downloaded or otherwise obtained from this Site, or arising from your (or anyone using your account’s) violation of these Terms of Use. Symbotic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Symbotic’s defense of such claim.
Disclaimer of Damages and Limitation of Liability
SYMBOTIC DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SYMBOTIC CANNOT ENSURE THAT ANY CONTENT OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SYMBOTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (PROVIDED THAT, IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU). SYMBOTIC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY SYMBOTIC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SYMBOTIC FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THIS SITE OR ANY SUCH CONTENT.
IN NO EVENT WILL SYMBOTIC OR ANY OF ITS PARENTS, SUBSIDIARIES, DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, PREDECESSORS, SUCCESSORS, OR ASSIGNSBE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY SYMBOTIC PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE SYMBOTIC PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Export Controls
Symbotic administers this Site from its offices in Massachusetts. Symbotic makes no representation that this Site is appropriate or available for use outside the United States and access to the Symbotic websites from territories where its contents are illegal or restricted is prohibited. If you choose to access this Site from outside the United States, you do so at your own risk and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of this Site, and to not, in violation of any laws, transfer, or authorize the transfer, of any materials to a prohibited country or otherwise in violation of any applicable laws.
Entire Agreement
These Terms of Use, together with any additional terms to which you agree when using particular elements of this Site, constitute the entire and exclusive and final statement of the agreement between you and Symbotic with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Symbotic with respect to such subject matter.
Governing Law
These Terms and the relationship between you and Symbotic shall be governed by the laws of the Commonwealth of Massachusetts. All lawsuits arising from or relating to these Terms or your use of this Site shall be brought in the Federal or State courts located in Middlesex County, Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Arbitration
Please carefully read this provision, which applies to any dispute between you and Symbotic or its parents, subsidiaries, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns relating to these Terms or your use of this Site.
If you have a concern or dispute relating to these Terms or your use of this Site, please send a written notice describing it and your desired resolution to legal@symbotic.com.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Symbotic will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
We will pay all AAA fees for any arbitration, which will be held Middlesex County, Massachusetts and which shall be governed by the laws of the Commonwealth of Massachusetts To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and Symbotic and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others. In other words, you and Symbotic may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy (such as injunctive or declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated.
Non-Waiver of Rights, Severability, Section Titles and Interpretation
The failure of Symbotic to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Symbotic and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use will be interpreted without application of any strict construction in favor of or against you or Symbotic.
Survival
These Terms of Use shall remain in full force and effect notwithstanding any termination of your use of this Site.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Symbotic without restriction.
Symbotic Trademark Notices
Symbotic®, the “S” logo, Reimagine The Supply Chain®, Reinvent the Warehouse® and Symbot™ are trademarks or registered trademarks of Symbotic in the United States and/or other countries. Other names appearing on this Site may be trademarks of their respective owners.
Contact Us
If you have any other questions or concerns regarding these Terms of Use, please contact us at:
Symbotic Inc.
Attn: General Counsel
200 Research Drive
Wilmington, MA 01887