ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.SCINTERA.COM (THIS “SITE”). YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
The Site is the property of Scintera and reserves the right to modify these Terms of Use without notice and any modifications are effective immediately at the time of their posting. If you are accessing this Site as a representative of an organization, these Terms of Use bind both you individually and the organization you represent and references to “you” and “your” shall be construed to apply to you individually and the organization you represent.
As a condition of your use of this Site, you will not use the Site or the information contained herein (the “Site Information”) for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or its use by third parties.
Copyright
The contents of this Site are Copyright © 2011 Scintera. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Scintera is prohibited except in accordance with the following Terms of Use.
Scintera consents to you browsing the Site’s pages on your computer, printing copies and extracts from these pages, or using information derived or generated from the Site for your internal and private use only. No material or information may be used for external redistribution or commercial activities unless expressly consented to in writing by Scintera. Individual documents in our Site may be subject to additional terms indicated in those documents. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been stated.
Trademarks
The full list of Scintera’s Trademarks and Scintera’s Trademarks Guidelines are available here.
No mention is made of rights with respect to other trademarks, service marks or trade names whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, trade names, words or signs.
Please note that any product, process or technology described in this Site may be the subject of other Intellectual Property Rights reserved by Scintera or a third party. No right to use such Intellectual Property Right is granted hereunder.
Confidential Information
Certain restricted product information is available on this Site though Scintera’s customer/partner portal. This information is only available to licensed customers of Scintera that are registered to receive information via login information issued by Scintera. This restricted information is considered confidential and proprietary information of Scintera. If you are a registered customer or a representative of a registered customer, Scintera authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within your organization, and only for the intended purposes authorized by Scintera. You shall not transfer your password to any parties internal or external not authorized by Scintera. You will immediately notify Scintera of any unauthorized use of your login information. You are responsible for the use of your login information. You agree to not attempt to gain unauthorized access to any Site Information or restricted area within this Site that you are not authorized to access.
Submissions
Any information or material you submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by Scintera for any purpose whatsoever, including without limitation the development and/or provision of products and services except in regards to any personal data submitted to this Site. The use of personal information is governed in accordance to Scintera’s Privacy Policy.
No Warranties; Limitation of Liability; Indemnity
THIS SITE AND ALL SITE INFORMATION IS PROVIDED “AS IS”. SCINTERA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT’S ABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL RIGHTS.
IN NO EVENT WILL SCINTERA’S MANAGERS, OFFICERS, EMPLOYEES OR INVESTORS BE LIABLE FOR ANY INCIDENTAL CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY SITE INFORMATION.
You agree to release, defend, indemnify and hold Scintera harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site or any Site Information.
Scintera makes no representations or promises to develop, provide or market any product or service discussed on this Site, and you shall not rely on the information provided or the prospect of availability of any product or service currently in development or currently anticipated to be made available in the future.
Linking
This Site may contain links to third-party web sites. Third-party web sites may also link to this Site , either with or without the consent of Scintera. In either case, the linked (or linking) Web sites are not under the control of Scintera and Scintera is not responsible for the content of any linked Web site or any link contained in a linked Web site. Scintera reserves the right to terminate any link or linking program at any time. Scintera does not endorse companies, institutions, organizations, or products to which it links to or is has links from. If you decide to access any of the third-party Web sites linked to this Site, or if you link to this Site from some other Web site, you do this entirely at your own risk. If you link to another Web site, you are leaving the Scintera Web site. Scintera is not responsible for the content of any off-site pages or any pages linked to this Site.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Site Information provided on or pursuant to this Site except in full compliance with all United States, foreign and other applicable laws and regulations.
Severability
If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.
Assignment
Scintera may assign its rights and duties under these Terms of Use to any party at any time without notice to its users.
Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America, without regard to the conflicts of laws principles thereof, and any dispute arising hereunder shall be resolved exclusively in the competent courts of California.
See Scintera’s Privacy policy relating to the collection and use of information through this Site.