Effective Date/Last Updated: March, 2022
Permission to Use the Site. We grant you the right to view and use the Site subject to the terms and conditions of this Agreement. Specifically, you may do the following: (a) access and view those portions of the Site to which we have granted you access, and (b) download and/or print a copy of content contained on the Site for your use only. You are prohibited from copying or using any information or content, including any intellectual property, contained on the Site in whole or in part, for any other purpose. You are prohibited from deleting or altering any trademark, service mark or copyright notice when downloading any content from any part of the Site.
User Name and Password. You are responsible for the confidentiality and use of your user name and sign-on password which may be required to use portions of the Site.
Copyrights, Trademarks and Other Intellectual Property. The Site contains or will contain text, graphics, photographs, videos, information and other content (collectively, the “Content”) that is (a) the property of us or our licensors, who reserve all of their respective rights, and (b) protected by state, national and international laws pertaining to copyrights, trademarks, trade secrets and other proprietary rights. You agree not to copy, modify, adapt, translate, distribute, transmit, reverse engineer, decompile or disassemble any aspect of the Site or Content except as expressly authorized by us. All company names, product and service names, and logos appearing on the Site are the property of their respective owners. You must obtain permission from those owners before copying or using their company names, product or service names, or logos.
Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online Conduct.
Children’s Information. The Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using the Site.
Rules Governing Use of the Site. As a condition of your use of the Site, you agree not to:
restrict or inhibit any other user from using the Site; copy or otherwise duplicate all or part of the Site without our prior written permission; attempt to gain unauthorized access to other files, computer systems or networks, including ours, connected to or associated with the Site; post or transmit using or through the Site any unlawful, threatening, abusive, libelous, defamatory, obscene or profane files, information or content; post or transmit using or through the Site any files, information or content that is fraudulent or violates or infringes the rights of others, including content that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights; post or transmit using or through the Site any files, information or content that contain a virus, bot, worm, trojan horse or other harmful component; use the Site, including the information and content provided thereon, for any unlawful purpose; and misrepresent your identity or provide incorrect identifying information, impersonate any person or entity, or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.
Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Modifications. We reserve the right, in our sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content or feature of the Site. Such amendments, modifications, additions or deletions shall become effective once posted on the Site. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS ABOUT ACCESS TO OR USE OF THE SITE OR ALL INFORMATION AND CONTENT THEREON. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SITE, INCLUDING, FOR EXAMPLE, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT ON THE SITE.
UNISENSE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. Unisense DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. Unisense DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENTE PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Unisense OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “Unisense PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THE SITE OR ANY INFORMATION OR CONTENT MADE AVAILABLE BY THE SITE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE UNISENSE PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE Unisense PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THIS AGREEMENT OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of Unisense. If Unisense grants you a right to link to this Site, certain terms may apply and Unisense reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Unisense in enforcing its rights under this section.
Use in the United States. The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk. THE -EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS Unisense OR THE Unisense PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
Termination. If you violate applicable laws or this Agreement, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. Unisense may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Unisense shall not be liable to you or anyone else for any damages arising from or related to Unisense’s suspension or termination of your access to the Site or the Content, or in the event Unisense modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
Cooperation with Law Enforcement. Unisense will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD ROOTED AND THE Unisense PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Disputes. This Agreement, and your access to and use of the Site, are governed by the laws of the State of Illinois, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Chicago, Illinois. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
Assignment. We may assign our rights and delegate our duties under this Agreement at any time to any party without notice to you. You may not assign your rights or delegate your duties under this Agreement without our prior written consent. This Agreement inures to the benefit of Unisense’s successors and assigns.
Waiver. Unisense’s failure to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Unisense.
Severability. If any provision of this Agreement is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement.
How to Contact Us. You may contact us at:
500 Calaveras Blvd. #240
Milpitas, CA 95035