PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
The materials on this web site (the “Site”) are provided by Fluidmesh Networks, Inc. (“Fluidmesh”) as a service to its customers, potential customers, partners, visitors, or users (“You” or “Your”), and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from or using this Site, You agree to these terms (the “Agreement”). If You do not agree to them, do not use the Site or download any further materials from it. If You object to any material found on this Site, please bring Your concerns to the attention of
. The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
1. TRADEMARK AND COPYRIGHT INFORMATION: www.fluidmesh.com and the Fluidmesh logo are the property of Fluidmesh. All other names and trademarks are the property of their respective holders.
2. SINGLE COPY LICENSE: The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software (“Materials”) found on the Fluidmesh Site on a single computer for Your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Fluidmesh in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
3. TERMINATION OF THIS LICENSE: Fluidmesh may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.
4. OWNERSHIP OF MATERIALS: All Materials on this Site are Copyright © Fluidmesh Networks, Inc. 2006, All Rights Reserved, unless indicated otherwise. Fluidmesh retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Fluidmesh’s prior written permission. Except as expressly provided herein, Fluidmesh, its parents, subsidiaries, affiliates and their respective directors, officers, partners, associates, employees, and agents do not grant any express or implied right to You under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to You by Fluidmesh in writing or incorporated elsewhere in the Materials.
5. DISCLAIMER AND LIMITATION OF LIABILITY: THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL FLUIDMESH, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, ASSOCIATES, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY FLUIDMESH OR FLUIDMESH’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER FLUIDMESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLUIDMESH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Fluidmesh and its parents, subsidiaries, affiliates and their respective directors, officers, partners, associates, employees, and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Fluidmesh may make changes to these materials, or to the products described therein, at any time without notice. Fluidmesh makes no commitment to update the Materials. Any description of products or services in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location.
6. INDEMNITY: You agree to defend, indemnify and hold Fluidmesh, its parents, subsidiaries, affiliates and their respective directors, officers, partners, associates, employees and agents harmless against any losses, expenses, costs or damages (including Fluidmesh’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement or (2) Your unauthorized or unlawful use of the Site.
7. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Fluidmesh will have no obligations with respect to the Communications. Fluidmesh and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Fluidmesh hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Fluidmesh in its sole discretion and without further notice.
8. COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, Fluidmesh will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, potential customers, Fluidmesh, its parents, subsidiaries, affiliates and their respective directors, officers, partners, associates, employees, and agents and operational providers, to prevent unauthorized use of this Site.
9. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of Fluidmesh and Fluidmesh is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Fluidmesh reserves the right to terminate any link or linking program at any time. Fluidmesh has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Fluidmesh shall not be responsible for notification of any change in name or location of any information of the Site. Fluidmesh reserves the right to request any web site administrator to disable or remove any link that violates any rights of Fluidmesh or causes interruption or deterioration of services provided by Fluidmesh. Failure to abide by this request shall be dealt with as any other unauthorized use or access to Fluidmesh resources.
10. APPLICABLE LAWS: This Site is controlled by Fluidmesh from its offices within the Commonwealth of Massachusetts. Fluidmesh makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
11. DISPUTE RESOLUTION: Any dispute between Fluidmesh and You arising out of this Agreement shall be resolved first by direct communication with one or more of Fluidmesh's management team members. Should Fluidmesh and You be unable to resolve the dispute by communication, either Fluidmesh or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Fluidmesh's headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
13. TERMINATION: Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. Fluidmesh may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 5, 6, 7, 10, 11, 15, 16 and 19 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Fluidmesh reserves the right to discontinue or make changes to the Site at any time.
15. ASSIGNMENT: Fluidmesh may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Fluidmesh’s prior written permission. Any attempt by You to assign Your rights under this Agreement without Fluidmesh’s permission shall be void.
16. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
17. FORCE MAJEURE: Fluidmesh shall not be liable for any failure or unavailability of the Site and/or services or failure by Fluidmesh to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Fluidmesh 's control.
18. NOTICE: Fluidmesh may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.fluidmesh.com, or by written communication delivered by first class U. S. mail to Your address on record in Fluidmesh’s account information. You may give notice to Fluidmesh at any time via electronic mail to info@fluidmesh or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Fluidmesh Networks, Inc.
165 Tremont Street - Suite 1502
Boston, MA 02111
Attn: Business Development Manager
19. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
20. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
21. GENERAL: Fluidmesh and/or its subsidiaries or divisions may revise these Terms at any time by updating this posting. You agree to be bound by these Terms and any modifications to these Terms occurring prior to your continued use of the Materials or access to the Site. You should visit this page from time to time to review the then current Terms because they shall be equally binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright © 2006 Fluidmesh Networks, Inc.
All Rights Reserved.