Welcome to the website of CORSAIRE CORPORATION (“Company,” “we,” “us,” and “our”). The following Terms of Use (the “Terms”) create a binding legal agreement between you and Company. The Terms govern your access to, and use of the websites published, owned, and operated by Company and any other websites we operate that link to the Terms (collectively, the “Websites”).
PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY EVERY TIME YOU ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, APPLICABLE LAWS AND, AS APPLICABLE, ANY TERMS AND CONDITIONS OF OUR PRIVACY POLICY (“Privacy Policy”) WHICH IS INCORPORATED HEREIN BY REFERENCE.
If you do not agree to these Terms or the Privacy Policy, please do not use the Websites.
The Websites are intended for users who are at least 18 years old. By accessing or using the Websites, you represent that you are least 18 years old and have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them. If you are using the Websites on behalf of a company, organization, or other entity, you further affirm that you have authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.
Purpose of the Websites
The Websites are provided solely for informational purposes and the purposes of enabling communication between you and Company.The information provided is intended to be general in nature and does not necessarily address all the terms exclusions, and conditions applicable to our products and services.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Company disclaims all liablity and responsiblity arising from any reliance placed on such content by you or any other visitor to our websites or by anyone who may be informed of any of its contents any information
License Grant, Restrictions, and Use of the Websites.
Subject to your compliance with these Terms, Company grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable and revocable license to access and use the Websites and the data, material, content, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Websites shall be limited to noncommercial purposes unless you are otherwise expressly authorized by Company to use the Websites for commercial purposes.
You may not (i) circumvent or disable any content protection system or digital rights management technology used with the Websites, (ii) decompile, reverse engineer, disassemble or otherwise reduce the Websites or any software or technology provided to you in connection with the Websites, to a human-readable form, (iii) remove identification, copyright, trademark, or other proprietary notices from materials provided on the Websites, (iv) use the Website in violation of the Terms or the Privacy Policy, or (v) access or use the Websites in an unlawful or unauthorized manner. Any use of the Websites not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws. You agree to otherwise use the Websites only for lawful purposes, comply with all rules governing any transactions on and through the Websites, and comply with applicable laws.
Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree that you will not:
- Use the Website in any way that violates any federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the U.S. or other countries).
- Use the Websites in violation of these Terms, or any other policy or terms that apply to your use of the Websites.
- Use the Websites in any manner that could damage, restrict, disable, or impair the Websites or interfere with any other party’s use and enjoyment of the Website.
- Attempt to gain unauthorized access to any Websites account, computer systems, or networks associated with Company or the Websites.
- Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided by Company.
- Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites or otherwise engage in any unauthorized “crawling,” “scraping,” or harvesting of content or personal information from the Websites.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Take any action that imposes an unreasonable or disproportionately large load on Company’s network or infrastructure.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Disclose private or proprietary information that you do not have the right to disclose.
- Engage in any other conduct that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability damages, or detriment of any type.
- Otherwise attempt to interfere with the proper working of the Website.
- Assist any person in doing any of the above.
We reserve the right to monitor your use of the Websites to determine compliance with these Terms.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
We may suspend or terminate your access to the Websites for any or no reason at any time without notice.
Third-Party Websites.
The Websites may contain links to other websites or online services that are controlled or operated by persons and companies other than Company (“Linked Sites”). Linked Sites are not under the control of Company, and Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site or any changes or updates to a Linked Site. These Terms do not apply to Linked Sites, and we encourage you to review the privacy policies and terms of use of the Linked Sites.
Company is not responsible if a Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Company or are identified in the Websites, including any delivery of and payment for goods and services. You agree and acknowledge that Company assumes no liability with respect to your use of such Linked Sites.
Feedback.
You agree that any comments, suggestions or feedback you provide regarding your use of the Websites (“Feedback”) will become the exclusive property of Company, regardless of the form or platform in which it is delivered. You further agree that Company and Company’s technical, content, licensors, and service providers (“Providers”) may use all or part of your Feedback or any derivative thereof in any manner or media without any remuneration, compensation or credit to you, including to improve the Websites and create other products and services. You hereby assign to Company all right, title and interest to your Feedback, including all copyrights therein.
Communications with You.
Company may communicate with you about the Websites, including through one or more third party e-mail or survey services, via methods determined by Company, including through the Websites or contact information you provide as part of the registration process for the Websites. We may send you communications, including to: (i) solicit feedback via e-mail, surveys, bug reports, or other methods Company may determine; (ii) collect additional information regarding issues you report in your feedback; (iii) notify you of changes to the Websites or these Terms; and (iv) tell you about future Company programs, products or services. If required by applicable law, we will obtain your consent to do so. Company recommends that you keep a copy of any electronic communications we send to you for your records. Company may share your contact information with Providers, and, to the extent necessary to enable such communications, with other third parties.
Ownership and Intellectual Property Notices.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its Providers and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws as applicable.
These Terms permit you to use the Website, and any information contained therein, for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Use the information for personal use only.
- Your computer may temporarily store copies of such materials as part of your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications as may be required.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, images, likenesses, 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 Website.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
- Use any trademarks of the Company or Providers such as name, logo, product and service names, designs and slogans, without the express prior written permission of Company and/or its respective trademark owners.
- Use any copyrighted content for commercial purposes.
If you print, copy, modify, download or otherwise use, distribute or provide to any other person(s) access to any part of the Website and/or materials and information from the Website in violation of the Terms, your right to use the Website will cease immediately. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a violation of these Terms and may violate copyright, trademark, and other laws. You will, destroy any and all copies of the materials you have reproduced, used, distributed or provided to others in violation of the Terms and used outside of your own personal use.
Geographic Restrictions.
We provide this Website for use only by persons located in the United States. We make no claims that the Websites or any of its contents are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so upon own initiative and you are responsible for compliance with any and all applicable local laws related to access and use.
Disclaimer of Warranties.
ALL INFORMATION OR SERVICES PROVIDED BY COMPANY TO YOU VIA THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, SECURITY, LEGALITY OF INFORMATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR THAT THIS WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITES OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL COMPANY, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE WEBSITES), AGENTS, AND SUPPLIERS (COLLECTIVELY, “THIRD-PARTY LICENSORS”) BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS, OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE WEBSITES, OR THE DATA, CONTENT, OR INFORMATION ACCESSED VIA THE WEBSITES OR ANY HYPERLINKED WEBSITES, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN, OR FORESEEABLE, EVEN IF COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ALSO INCLUDES DAMAGES TO YOUR COMPUTER EQUIPMENT OR DUE TO ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR HARDWARE, SOFTWARE OR DATA. BY ACCESSING THE WEBSITES SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity.
You agree to defend, indemnify, and hold harmless Company and its Third Party Licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Websites (including, but not limited to, any use of the Websites Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Websites), your feedback, your violation of any third-party right, including any intellectual property rights, or any rights of publicity, confidentiality, or other property or privacy right, and any claims arising from or alleging fraud, intentional misconduct, gross negligence, or criminal acts committed by you. Company reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Company with such cooperation as Company reasonably requests.
Termination, and Restriction of Access.
In its sole discretion, Company may terminate or suspend your access to the Websites for any reason, including without limitation where we have reasonable ground to do so based on (i) breach of these Terms (ii) a request by law enforcement or other government agency; (iii) our discontinuation of or material modification to the Websites; or (iv) an unexpected technical or security issue or problem. To the fullest extent permitted under applicable law, Company shall not be liable for any losses or damages arising from any such termination of service.
Changes to the Website.
We may update the content on this Website from time to time, but Company is under no obligation to update such material. As such, at any given time, any of the material on the Website may be out of date, incomplete, incorrect or otherwise unreliable. As noted, the Company does not warrant the accuracy, completeness or usefulness of the Website or any information provided or available on the Website and reliance placed on any such information is strictly at your own risk.
Privacy.
By using our Websites, you acknowledge that we may collect and use your personal data. As applicable, all information we collect on this Website is subject to our Privacy Policy. For information about how Company collects, uses, and shares your personal information, please read our Privacy Policy.
Governing Law and Exclusive Jurisdiction.
These Terms, your access to and use of this Website and any action related thereto will be governed and interpreted by and under the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Changes to These Terms.
Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Websites after any such change is communicated shall constitute your consent to such change(s).
Waiver and Severability.
Company’s failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Company’s right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Company with respect to such uses.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Entire Agreement
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Company with respect to the Websites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Company Contact Information
This Website is owned and operated by CORSAIRE CORPORATION, 888 Prospect Street, Suite 200, La Jolla, CA 92037.
Company values your input. If you have any questions or complaints, would like more information, or need to let us know about anything relating to these Terms, please contact us:
Company Name: CORSAIRE CORPORATION
Attention: Privacy Department
Re: Websites Terms of Use
Address:888 Prospect Street, Suite 200, La Jolla, CA 92037