Last Updated: January 15, 2016
We may update these Terms from time to time, and your continued access to or use of any portion of the Website following the posting of any updated version(s) of these Terms will constitute your acceptance of any changes made to it. You can review the current version of the Terms at any time at: www.wedgetls.com.
This Website is made available for the purpose of providing individuals and businesses with information related to the Wedge TLS products. You may not access and use the Website for any other purpose.
Additionally, you agree that you will not access and use the Website in any manner that (a) is unlawful or prohibited by these Terms; (b) could damage, disable, overburden, or impair any Tyto server (or those of its service providers), or the network(s) connected to any Tyto server; or (c) could interfere with any other party's use and enjoyment of the Website. You may not probe, scan or test the vulnerability of the Website or use any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access all or any portion of the Website, or its Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
The materials and content available through the Website (the "Content") are the sole property of Tyto and its licensors, and are protected by copyright, trademark and other intellectual property laws. Subject to these Terms, you shall have a limited, personal, non-exclusive and non-transferable right to access and use the Content on the Website solely for your personal use. Tyto and its licensors expressly reserve any and all rights and licenses not explicitly granted to you under these Terms. Except as provided in this Section 2, you may not modify, copy, reproduce, republish, upload, post, transmit, display or distribute in any manner any Content, without having first obtained written permission from us.
You understand that the Website is dynamic, and that we may make changes to, or cease providing, all or any portion of the Website, and its Content, at any time, and without notice to you, in our sole discretion. You understand and acknowledge that the Content, including any product descriptions, pricing, or other marketing materials, may be out of date, and such Content may refer to products, programs, or other opportunities that are not available in your country. We recommend that you contact us directly for the latest information regarding the products, programs, or other opportunities described on the Website.
The Website contains valuable trademarks owned and used by us to distinguish Wedge TLS, its brand, and the products from those of others. The Website may also contain references to the trademarks of others, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Website. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
The Website may contain links to other websites maintained by third parties. When you engage a third party's website or service which is linked to the Website, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such third-party websites. Posting of a link to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the Website. We are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We encourage you to be aware of this when you leave the Website, and to read the terms and privacy statements of each and every website that you visit.
Certain portions of the Website may allow you to submit information to us, such as contact information should you have an interest in our products. You are solely responsible for any information that you submit to us. You agree not to submit any information to us that is false, inaccurate, misleading, defamatory, abusive, obscene, threatening or illegal, or that infringes on the rights (including any intellectual property rights) of others.
Any ideas, recommendations, suggested improvements, or other feedback that you submit through the Website or otherwise disclose to us shall be deemed to be non-confidential and you agree that we may use such information on an unrestricted basis, including developing and improving the Website and/or any of our products and services, without consideration to you.
We reserve the right at any time to restrict, suspend or terminate your use of and/or access to, all or any part of the Website, without notice, at any time and for any reason. Your right to access and use the Website, and any Content, will automatically terminate should you fail to comply with these Terms.
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE WEBSITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
You agree to indemnify, defend, and hold harmless Tyto, its subsidiaries, affiliates, subcontractors and other partners, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys' fees) made by a third party due to or arising out of any breach of the Terms or unauthorized access to or use of the Website and its Content by you. We reserve the right at our own expense and cost to assume the exclusive defense and control of any claim subject to indemnification by you, and you agree to fully cooperate with us in connection with our defense of such claim.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO THE TOTAL AMOUNT PAID (IF ANY) DURING THE TWELVE (12) MONTHS PRECEDING THE FILING OF SUCH CAUSE OF ACTION, TO US BY YOU FOR YOUR USE OF THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS.
These Terms constitutes the entire agreement between you and Tyto regarding your access and use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Tyto with respect to such use are hereby superseded. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.
These Terms shall be governed by and interpreted in accordance with the laws of California, without regard to its principles regarding conflicts of law. You and Tyto hereby irrevocably submit to, and waive any objection to, the exclusive personal jurisdiction of the state and federal courts located in San Francisco County, California.
After your use of and/or access to the Website is terminated, all terms that by their nature may survive termination shall be deemed to survive such termination, including Sections 1, 5, and 7 through 10.
We welcome any feedback, suggestions for improvements to the Website, as well as any questions or other inquiries related to the Website. Please feel free to contact us at any time by emailing us at email@example.com. Alternatively, you may reach us at our mailing address as follows:
15 Guittard Rd.
Burlingame, CA 94010