Terms of Use

Welcome to the SigmaSense website located at www.sigmasense.com (the “Site”). These Website Terms of Use (“Terms of Use”) impose conditions on your access to and use of the Site, so please read them carefully.

All contents of this Site are copyright © SigmaSense, LLC. All rights reserved.

1.         Scope of these Terms. These Terms of Use apply to your access to and use of the Site. These Terms of Use apply to all visitors to the Site. SigmaSense, LLC. (“SigmaSense”) makes the materials on the Site available to you solely for informational purposes to learn about SigmaSense products and services. All other uses of the materials on the Site are prohibited.

2.         Limited, Single Copy License; Termination.

(a)        All materials on the Site are protected by United States and worldwide copyright laws and treaties. The copyrights of all such materials are held by SigmaSense unless otherwise specified. Except as stated in these Terms of Use, none of the material on or comprising the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means without the prior written consent of SigmaSense. You may copy materials published by SigmaSense on this Site for internal, non-commercial use solely for the purpose of learning about SigmaSense products and services, provided that any copy you make of the materials on the Site must retain all copyright and other proprietary notices in the same form and manner as on the original.

(b)        Except as specified above, nothing in these Terms of Use will be construed as conferring any license or right under any patent, trademark, copyright, or other right of SigmaSense or any third party, whether by implication, estoppel, or otherwise.

(c)        Any unauthorized use of the Site immediately and automatically terminates your permission to use the Site and any license granted by these Terms of Use. Such unauthorized use may violate applicable law, including copyright laws, trademark laws, and other laws and regulations relating to proprietary rights, communications, or otherwise, and may subject you to civil liability and/or criminal penalties. Upon such termination, you must immediately destroy any materials downloaded, printed, or otherwise obtained from the Site.

3.         General Website Disclaimers. Although SigmaSense has attempted to provide accurate information on the Site, SigmaSense assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions, or typographical errors. SigmaSense may change any of the information or other materials on the Site at any time without notice. SigmaSense makes no commitment to update the materials or information on the Site. You use the Site at your sole risk.

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIGMASENSE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SIGMASENSE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF INFORMATION OR MATERIAL ON THE SITE.

SigmaSense will not be liable for any damages, whether direct, indirect, incidental, consequential, punitive, special, or other arising out of the use or inability to use the Site or these Terms of Use, including, without limitation, loss of or damage to data, loss of use of or damage to computers or other systems, lost or damaged programs, costs of replacement goods, and lost profits or revenues, even if SigmaSense has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of certain damages, so some of the above limitations or exclusions may not apply to you.

4.         Information Submitted by You. SigmaSense is committed to the privacy of your information. The SigmaSense Privacy Policy <LINK TO PRIVACY POLICY> discloses what information we may collect about you and how we use that information. This includes information you may choose to submit to SigmaSense through forms on the Site or otherwise.

5.         Acceptable Use. You agree that you will not do any of the following:

(a)        use the Site or any material from the Site for any purpose that is unlawful or prohibited by these Terms of Use;

(b)        whether directly or via framing, meta tags, hidden text, or any other techniques, use any SigmaSense trademark, logo, product name, or other proprietary information (including the images, text, other content, or the layout or design of any page or form contained on a page) without SigmaSense’s express written consent;

(c)        interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(d)        attempt to resell any SigmaSense product or service, or hold yourself out as a SigmaSense reseller or agent of any kind, without SigmaSense’s written authorization; or

(e)        attempt to gain unauthorized access to any restricted part of the Site, other accounts, computer systems or networks connected to any SigmaSense server or materials, through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

6.         Links to Other Sites; Social Media.

(a)        The Site may include links to third-party websites or services, including videos or other materials hosted by a third-party site or service. SigmaSense makes no representations about any third-party site or service that you may access through our Site, or any products or services mentioned on our Site that are not products of SigmaSense. When you access a site or service that is not controlled by SigmaSense, you are subject to the third party’s terms and policies, none of which SigmaSense controls, and you do so at your own risk. A link on the Site to any third-party site or service does not mean that SigmaSense endorses or accepts responsibility for the content or use of such sites or services.

(b)        SigmaSense’s social media channels are another place for you to learn more about SigmaSense and its products and services. SigmaSense does not control or endorse any social media sites or third-party content available on them, and SigmaSense is not responsible for any third-party content posted or appearing on these other sites, including but not limited to content and links posted by social media companies or users.

7.         Access to Password-Protected or Secure Areas. Certain areas of the Site may be available only to users with login credentials such as a username and password. Access to and use of areas of the Site that are password-protected and/or secure is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to civil liability and/or criminal penalties.

8.         Indemnification. You agree to indemnify SigmaSense and its affiliates and its and their respective directors, officers, agents, employees, partners and licensors against, and hold each of them harmless from, any claim, action, or demand and any resulting loss, damage, or expense (including reasonable attorneys’ fees) arising from or relating to your breach of these Terms of Use, your conduct, or your violation of any rights of another.

9.         Trademarks and Patents. The trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks and service marks of SigmaSense and its suppliers and customers. You are not granted, expressly or by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo used or displayed on the Site, without the express written permission of SigmaSense. SigmaSense’s technology and products, including products and services that may from time to time be described or available on the Site, may be protected by one or more patents or patents-pending in the United States and other countries.

10.       Copyright Infringement; DMCA. SigmaSense is committed to complying with U.S. copyright law and respecting the rights of others, and SigmaSense requires that you do the same. You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. If you believe that your work has been copied and posted to the Site in a way that constitutes infringement of your copyright, please provide SigmaSense’s copyright agent with the following written information in accordance with the Digital Millennium Copyright Act (DMCA):

•          an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•          a description of the copyrighted work that you claim has been infringed upon;

•          a description of where the material that you claim is infringing is located on the Site;

•          your address, telephone number, and email address;

•          a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

•          a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Such claims of copyright infringement should be directed to SigmaSense’s copyright agent:

SigmaSense, LLC

2408 Rutland Drive

Austin, TX 78758

Phone: _____________

Email: ______________

11.       Product and Performance Information. Any description of product and service performance is measured using specific system parameters and components, and any such description reflects approximate performance of the tested products and services. Any difference in hardware, software, or other parameters may affect actual performance, and customers should consult other sources of information to evaluate the performance of SigmaSense products and services.

12.       Export Laws. By accessing or using the materials on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods or technology. You agree that you will not export or re-export (transfer) materials from the Site or any product or service that contains such materials unless you have complied with all applicable United States and other government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security’s web site at: http://www.bxa.doc.gov.

13.       Governing Law and Venue. The Site is controlled by SigmaSense from its offices within the State of Texas, USA. The laws of the State of Texas, without regard to principles of conflicts of laws, govern these Terms of Use and all matters or claims arising from or relating to these Terms of Use, the Site, or any materials on the Site. Your use of the Site from elsewhere does not subject SigmaSense to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. The parties irrevocably consent to the exclusive personal jurisdiction of the state and federal courts located in Austin, Texas. Such courts are the exclusive venue for any dispute or claim brought by either party arising out of or relating to these Terms of Use, and the parties hereby waive any defense of improper venue or forum non conveniens.

14.       Waiver and Severability. No waiver by a party of any provision of these Terms of Use will be effective unless set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms of Use, no failure to exercise, or delay in exercising, any right or remedy will operate as a waiver. Any part of these Terms of Use that is held to be unlawful, void, or unenforceable will be deemed severable and will not affect the validity or enforceability of remaining provisions.

15.       Updates or Amendments to Terms of Use. SigmaSense may revise these Terms of Use from time to time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions because they are binding upon you when you visit the Site.