Agreement between User and Sotera Wireless
Welcome to Sotera Wireless’ web site. Sotera Wireless’ web site is comprised of web pages operated by Sotera Wireless or its business partners (“Partners”).
In addition, when using particular Sotera Wireless web sites or services, you and Sotera Wireless shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by any access or use of Sotera Wireless Sites and services (the “Agreement”). If you do not agree to these TOU, do not access and use the Sotera Wireless Sites and services.
- PERMITTED USE. Subject to these TOU, Sotera Wireless hereby grants you the right to access and use the Sites solely for the following purposes: (i) if you are accessing the Sotera Wireless Sites as an individual, then any and all use of the Sotera Wireless Sites is for your personal, non-commercial use only; or (ii) if you are accessing the Sotera Wireless Sites on behalf of a business entity, then any and all use of the Sotera Wireless Sites must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with Sotera Wireless. Sotera Wireless retains all rights with respect to the Sotera Wireless Sites except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Sotera Wireless Sites unless specifically authorized in writing by Sotera Wireless to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Sotera Wireless Sites. Such framing is strictly prohibited under this Agreement. The content and software on the Sotera Wireless Sites are the proprietary property of Sotera Wireless and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. “Sotera Wireless” is a trademark of Sotera Wireless, Inc. The names of actual companies and products listed on the Sotera Wireless Sites may be the trademarks of their respective owners.
- LINKS TO THIRD PARTY SITES. The Sotera Wireless Sites may contain links or produce search results that reference links to third party web sites (“Linked Sites”). Sotera Wireless has no control over these Linked Sites or the content within them. Sotera Wireless cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Sotera Wireless does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Sotera Wireless Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Sotera Wireless for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know in writing at Sotera Wireless Inc., 10020 Huennekens Street, San Diego, CA 92121.
- NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Sotera Wireless Sites, you warrant to Sotera Wireless that you will not use the Sotera Wireless Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Sotera Wireless Sites in any manner which could damage, disable, overburden, or impair the Sotera Wireless Sites or interfere with any other party’s use and enjoyment of the Sotera Wireless Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sotera Wireless Sites.
Sotera Wireless reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Sotera Wireless’ sole discretion.
- OWNERSHIP OF SUBMITTED CONTENT. You agree that any and all information and content that you provide to the Sotera Wireless Sites becomes the exclusive property of Sotera Wireless, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Sotera Wireless upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
- WARRANTY DISCLAIMER. Sotera Wireless does not promise that the Sotera Wireless Sites will be error-free, uninterrupted, nor that the Sotera Wireless Sites will provide specific results from your use of any content, search or link on them. The Sotera Wireless Sites and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Sotera Wireless does not warrant or represent that files you download from the Sotera Wireless Sites will be free of viruses or other harmful features. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Sotera Wireless DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Sotera WIRELESS, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE Sotera WIRELESS SITES. IN NO EVENT SHALL Sotera WIRELESS’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF Sotera WIRELESS’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE Sotera WIRELESS SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO Sotera FOR ACCESSING THIS SITE.; OR (B) TEN U.S. DOLLARS ($10.00).
- ADDITIONAL REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Sotera Wireless Sites in accordance with these TOU.
- INDEMNITY. You agree to indemnify and hold Sotera Wireless and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. Sotera Wireless respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Sotera Wireless Sites has been copied in such as way to constitute copyright infringement, please send a note to the address below:
Sotera Wireless Inc.
Attn. Legal Dept
9444 Waples Street, Suite 280
San Diego, CA 92121
- GENERAL. This Agreement shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Sotera Wireless may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall, to the extent practicable, be conformed to a legal and enforceable provision that best accomplishes the original intent of the parties, and the remaining provisions shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Sotera Wireless’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.