PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCESS AND/OR USE OF THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE.
The following terms and conditions (“Terms and Conditions”) govern your use of the website located at www.thingmagic.com (the “Site”) which is owned and operated by ThingMagic, A Division of Trimble. (“ThingMagic.”).
ThingMagic reserves the right to modify content on the Site and these Terms and Conditions periodically at any time without prior notice. Your continued use of the Site constitutes acceptance of the Terms and Conditions in effect at the time of use.
- Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law and international treaties. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, software, data, illustrations, graphics, audio, video, photographs, pictures, drawings, artwork, images, text, forms, and look and feel attributes) are © 2000 – 2008 ThingMagic, Inc., all rights reserved. ThingMagic also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of ThingMagic is prohibited. Any reproduction, modification, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of ThingMagic without ThingMagic’s advance written consent is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to ThingMagic or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
- Products and Services Offered on the Site
ThingMagic may offer products and services on the Site. Except as expressly stated in a written agreement between you and ThingMagic, if you obtain a product or service from ThingMagic on or through the Site, you accept the specific agreement terms and conditions applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. ThingMagic does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.
- Communications with the Site
ThingMagic welcomes your feedback and suggestions about how to improve our products, information, and services and this Site. By transmitting any information or content to ThingMagic, you automatically grant ThingMagic a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display any or all of such information and content (in whole or part) world-wide and to incorporate such information and content in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information and content. Any information received will be considered to be non-confidential and non-proprietary. Further, ThingMagic is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
- Privacy Statement
- Disclaimer of Warranty and Liability
EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT BETWEEN YOU AND THINGMAGIC, THIS SITE AND ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THINGMAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THINGMAGIC DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWLOAD OF SUCH CONTENT.
THINGMAGIC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Corrections and Changes
ThingMagic endeavors to keep the Site and Site Materials on and through this Site up-to-date. Without limiting anything else in these Terms and Conditions, ThingMagic is not responsible for any errors or omissions in the Site or Site Materials. ThingMagic may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and ThingMagic makes no commitment to update the information contained on this Site.
You agree to defend, indemnify, and hold harmless ThingMagic and all of its directors, officers, employees, contractors, representatives, shareholders, agents and assigns from and against any and all suits, actions, claims, damages, settlements, judgments, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) relating to or arising from your use of this Site or any hyperlinked website, your violation of law, willful misconduct, or any breach by you of these Terms and Conditions.
- Links to Other Websites
This Site may contain links to other third party websites or access to third party content which are provided for your convenience only. If you use these links you will leave this Site. ThingMagic does not control, endorse, or guarantee content found in such sites. ThingMagic does not make any representations about such sites or their information, products, services or materials, and is not responsible for any content, associated links, resources, or services associated with a third party site. If you access any of the third party websites linked to this Site, you do so at your own risk and ThingMagic shall not be liable for any loss or damage of any kind associated with your use of third party content.
- Entire Agreement; Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and ThingMagic with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express or implied. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of law rules. By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Middlesex or Suffolk County, Massachusetts.
This Site is controlled and operated by ThingMagic from its offices within the United States. Without limiting anything else, ThingMagic makes no representation that the content, materials, services, information, or products available on or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations are responsible for compliance with applicable laws. The waiver or failure of ThingMagic to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions. If there is a determination that any provision of these Terms and Conditions are invalid or unenforceable, that determination will not affect the rest of the Terms and Conditions and the Terms and Conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. ThingMagic reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
- Contacting ThingMagic