Terms of Use - Intelligent Business Communication - AGNITY

TERMS OF USE

LEGAL

The following are terms of a legal Agreement between You, the user of the AGNITY, Inc. (d.b.a. AGNITY) website, and AGNITY. This Agreement sets forth the terms and conditions governing Your use of AGNITY’s web site currently located at or (the “Site”). By accessing, browsing and/or using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. If You do not accept all of the terms and conditions of this Agreement, do not use this Site. AGNITY may amend this Agreement at any time by posting the amended terms on the Site and such terms shall be effective for all use of this Site and services once they are posted. Information on this Site may contain technical inaccuracies or typographical errors. The content contained on this Site is subject to change at any time without notice.

CONTENT

The Site is intended only as a source of information of interest to customers, partners, prospective customers and partners, investors, employees and potential employees. The content available on the Site is not, and should not be construed as, an offer for sale of any goods or services, or investment, financial, business, legal or other advice of any kind. The content may contain projections or other forward-looking statements regarding future business developments and other future events. These statements reflect only the predictions of management and others, and actual developments, results and events might differ materially.

All content included on this Site, such as text, graphics, logos, button icons, images and software is the property of AGNITY or its business partners, licensors, associated vendors or content suppliers. Without exception, even when not so indicated with a copyright symbol, this content and its arrangement are protected by U.S. and international copyright laws.

The content provided on this Site may be displayed and printed solely for Your personal, internal and non-commercial use. Any unauthorized use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Site is strictly prohibited.

HYPERLINKING

AGNITY makes no representations whatsoever about any other web site which you may access through this one. When you access a non-AGNITY web site, please understand that it is independent from AGNITY, and that AGNITY has no control over the content on that web site, even if AGNITY provides information or services to the owner of that web site. In addition, a link to a non-AGNITY web site does not mean that AGNITY endorses or accepts any responsibility for the content or the use of such web site.

TRADEMARKS

The company name AGNITY, the AGNITY logo, AGNITY ACONYX, ACONYX CAS, AGNITY SIPr, FlexYcharge, CallComplete and the other graphics, logos, and service names are registered and unregistered servicemarks of AGNITY. These servicemarks may not be used in connection with any product or service that is not owned, marketed or provided by AGNITY, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AGNITY or is otherwise inconsistent with AGNITY’s trademark usage policies. All other product names, service names and company names are the property and/or trademarks of their respective owners.

NO WARRANTY

AGNITY PROVIDES THE SITE AND ITS CONTENT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. AGNITY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE.

LIMITATION ON LIABILITY

IN NO EVENT SHALL AGNITY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SUCH LIMITATION SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

INDEMNIFICATION

You hereby indemnify, defend, and hold harmless AGNITY and/or any of its successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents and representatives from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. AGNITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and AGNITY with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by AGNITY.

SITE ACCESS

AGNITY may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.

APPLICABLE LAW

This Site is controlled by AGNITY from its offices within the State of California, U.S.A. The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, U.S.A., and applicable federal law, without regard to any conflict of law provisions. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree to the submission of any dispute to the state and federal courts having within their jurisdiction Fremont, Texas, U.S.A. For more information on legal matters pertaining to this Site, please contact our legal department at 1-510-270-2669. All rights not expressly granted are reserved.