Terms of Use

Last Updated: November 30, 2023

             These Terms of Use (as modified, “Terms”) apply to each visitor (“you” or “your”) that accesses or uses the website, https:// sigmasense.com (the “Site”), operated by SigmaSense, LLC (“SigmaSense,” “we,” “us,” or “our”).

Your access and use of the Site is subject to, and governed by, these Terms and all applicable laws, rules, and regulations. Please read these Terms carefully and contact us with any questions that you may have.

            By accessing and/or using the Site, you agree that you have read, understand, and agree to be legally bound by these Terms and SigmaSense’s privacy policy (https://sigmasense.com/privacy-policy/) (as modified, the “Privacy Policy”).  If you do not agree to be bound by these Terms or the Privacy Policy, do not access or use the Site.  

             The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with SigmaSense and meet all of the foregoing eligibility requirements. If you do not meet any of these requirements, you must not access or use the Site.

1. Right to access and use the Site.

Subject to the terms and conditions of these Terms, SigmaSense hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, right to access and use the Site, only in accordance with these Terms. This right to access and use shall continue until terminated in accordance with these Terms.

Notwithstanding the foregoing, the Site is not available where it is illegal to access or use, and SigmaSense reserves the right to refuse and/or cancel access to the Site to anyone at its own discretion.

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site.

Except as expressly granted in these Terms, there are no other rights or licenses granted to you, express, implied or by way of estoppel.  All rights not granted in these Terms are reserved by SigmaSense and its third-party licensors.

2. Privacy.

Any information that you provide during access to, and use, of the Site is governed by our Privacy Policy. By using the Site, you agree to the collection, use, and sharing, if any, of your information, including any personal information, as set forth in our Privacy Policy.  Any dispute over privacy is subject to these Terms and the Privacy Policy.

3. Ownership.

As between SigmaSense and you, all right, title and interest in the Site and all of its contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and all related intellectual property (e.g., copyrights, trademarks, etc.) are owned by SigmaSense. You do not acquire any right, title, or interest in any content on the Site or any related intellectual property by virtue of accessing or using the Site.

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, sell, download, store, provide access to, or transmit any of the materials or content on, or made available through, the Site, without the prior written consent of SigmaSense, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of the content available through the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You shall not:

• Modify copies of any materials or content available through the Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use, for any commercial purposes, any part of the Site or any services, content, or materials made available through the Site, without the prior written consent of SigmaSense. If you wish to make any use of the materials or content on the Site (other than as expressly permitted in this section), please send your request to: info@sigmasense.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any use of the Site not expressly permitted by these Terms is a material breach of these Terms and may violate copyright, trademark, and other laws.

4. Trademarks.

As between SigmaSense and you, SigmaSense owns all right, title and interest in the SigmaSense name, SigmaSense’s trademarks, SigmaSense’s logo, and all related names, logos, product and service names, designs, and slogans that are trademarks (collectively, the “Marks”). You must not use any of the Marks without the prior written consent of SigmaSense. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

5. Restrictions.

You may use the Site only for lawful purposes and in accordance with these Terms. You shall not use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
• To impersonate or attempt to impersonate SigmaSense, any SigmaSense personnel, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm SigmaSense or users of the Site, or expose them to liability.

In addition, you shall not:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including screen scraping, or monitoring or copying any of the materials or content on the Site.
• Use any manual process to monitor or copy any of the materials or content on the Site, or for any other purpose not expressly authorized in these Terms, without the prior written consent of SigmaSense.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Site.
• Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Site or any content contained therein.
• Collect any information (including, without limitation, email addresses) about other visitors of the Site.
• Create or transmit unwanted electronic communications to other visitors of the Site or otherwise interfere with such visitors’ enjoyment of the Site.
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any materials or content from the Site without the prior written consent of SigmaSense.
• Bypass any measures we may use to prevent or restrict access to the Site.
• Otherwise attempt to interfere with the proper operation of the Site. 

6. Reliance on Information Posted.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

7. Disclaimers; Limitation on Liability.

            ALL PROVISIONS SET OUT IN THIS SECTION 7 WILL APPLY TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW.

THE SITE, INCLUDING ALL MATERIALS AND CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITE AT YOUR OWN RISK. SIGMASENSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SIGMASENSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SIGMASENSE DOES NOT WARRANT THAT THE SITE, OR MATERIALS OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT SIGMASENSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.

SIGMASENSE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITE. IN NO EVENT SHALL SIGMASENSE, ITS PARENT, ITS SUBSIDIARIES OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “SIGMASENSE RELEASED PARTIES”), BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM  (A)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (B)  ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE, (C)  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITE, (D)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (E)  ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITE, OR (F)  OTHERWISE RESULTING FROM THE USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT THAT ANY OF THE SIGMASENSE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR ACCESS OR USE OF THE SITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, THE MAXIMUM AGGREGATE LIABILITY OF THE SIGMASENSE RELEASED PARTIES SHALL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS (US $100.00).

8. Indemnification.

To the fullest extent permitted pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless SigmaSense, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective  employees, officers, directors, representatives and agents from any and all third-party claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Site in violation of these Terms, including without limitation (a) all matters related to your access to and use of the Site, (b) your violation of any provision contained in these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) any claims that your use of the Site caused damage to a third party, and/or (e) violations of any applicable laws, rules, or regulations from any jurisdiction.

9. Termination; Survival.

You agree that SigmaSense, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Site. You agree that any termination of your access to the Site or any portion thereof, may be effected without prior notice, and you agree that SigmaSense will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that SigmaSense may have at law or in equity. 

             Section 2 (Privacy), Section 3 (Ownership), Section 4 (Trademarks), Section 6 (Reliance on Information Posted), Section 7 (Disclaimers; Limitation of Liability), Section 8 (Indemnification), Section 9 (Termination, Survival), Section 10 (Governing Law; Dispute Resolution), Section 12 (Worldwide Access) and Section 13 (General) shall survive the termination of these Terms for any reason. The termination of these Terms shall not effect any rights, remedies or liabilities that accrued prior to the effective date of termination.

10. Governing Law; Dispute Resolution.

            These Terms and your use of the Site shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles.

If a dispute arises between you and SigmaSense, SigmaSense strongly encourages you to first contact SigmaSense directly to seek a resolution.

Any dispute that is not resolved by you and SigmaSense shall be determined by, and subject to, the exclusive jurisdiction of, the federal and state courts in Travis County, Texas, and the parties agree to the personal and exclusive jurisdiction of these courts. The parties hereby agree that any such court shall be a proper forum for the determination of any dispute arising hereunder and waive any defenses based upon inconvenient forum or jurisdiction.

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR ANY STATEMENT OF WORK.

In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to any dispute, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

In no event shall any claim, action, or proceeding by you related in any way to the Site be instituted more than one (1) year after the cause of action arose.

11. Changes to the Terms of Use.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are responsible for periodically checking for changes and/or updates to these Terms.  You can review the most current version of these Terms at any time on the Site.

12. Worldwide Access.

Although users from all over the world may access the Site, keep in mind that no matter where you live or where you happen to access the Site from, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.

 General.

These Terms and the Privacy Policy constitute the entire agreement between you and SigmaSense with respect to the Site  and your access and use of the Site. If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Any invalid or unenforceable (part of the) provision will be replaced by a valid and/or enforceable, as the case may be, (part of the) provision which is as close to the intention of the parties as possible. The failure of SigmaSense to insist upon or enforce any of the provisions of these Terms, or to exercise any rights or remedies under these Terms, will not be construed as a waiver of SigmaSense’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by SigmaSense without restriction. Any assignment attempted to be made in violation of this restriction shall be void. There are no third party beneficiaries under this Agreement. If the Site contain links to other websites, these Terms and the Privacy Policy do not govern those websites. You should read their terms of use and privacy notices and make an informed decision about whether you want to use those websites. We do not have any control over that or how they collect, use, maintain, protect and disclose your information.

 Questions.

Should you have any questions regarding these Terms or the Site, you may contact us at info@sigmasense.com.

When contacting us for any reason, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you must not use information about any other person.