About INRange

Terms of Use

These Terms of Use ("Terms of Use") explain the contractual agreement between you ("you," "your") and INRange Systems, Inc. ("INRange," "we," "us," "our"), regarding your use of and access to this web site (the "Web Site"). You should print a copy of these Terms of Use for your records. Please note that these Terms of Use may be updated and amended by us from time to time as provided herein.

1. Agreement To Terms Of Use.

Your access to and use of this Web Site is subject to your agreement to these Terms of Use. If you do not agree with these Terms of Use, you are not authorized to use the Web Site.

2. Ownership.

The Web Site and the content, and all intellectual property rights included in or associated with the Web Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, "Content"), are owned or licensed by us, and all right, title and interest in and to the Web Site and Content remains with us. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of viewing such web site, Content may not be copied, distributed, re-published, uploaded, posted, modified, reverse-engineered, or transmitted in any manner inconsistent with these Terms of Use. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such Content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Web Site or in the Content.

3. Information Provided Via The Web Site.

All communication, information or material you transmit to the Web Site by electronic mail or otherwise, including any data, video, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or by our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You are solely responsible for information you post on or send to the Web Site, including, but not limited to, any posting or listing in any public message area or through any e-mail feature. Your information must not (a) infringe any third party rights, including, but not limited to intellectual property, publicity or privacy rights; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted or content provided by users of the Web Site and we are not liable for any information posted on the Web Site, including, but not limited to information posted about you. We reserve the right to take any action with respect to information posted on the Web Site which we believe is appropriate in our sole discretion, including, but not limited to, termination of your rights of use. However, we cannot, nor do we, review, edit and/or control the information provided by users or content providers which is made available through the Web Site.

4. Privacy.

Your use of this Web Site constitutes your consent to the collection and use of your personal information in accordance with our Privacy Policy.

5. Disclaimer Of Warranties.

YOU USE THE WEB SITE AT YOUR OWN RISK. THE WEB SITE IS PROVIDED "AS IS," WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR USE AND ENJOYMENT OF THE WEB SITE OR AGAINST INFRINGEMENT. We also do not guarantee continuous, uninterrupted or secure access to the Web Site or our services, or that the Web Site or the servers that make it available are free of viruses or other harmful components.

6. Limitation Of Liability.

We shall not be responsible for any loss or injury whatsoever due to content or information published through this Web Site. The Web Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100. Any claims or actions brought by you against us hereunder shall be brought within six (6) months of the event out of which such claim or action arose, and shall be settled exclusively in the federal and state courts located in Allegheny County, Pennsylvania, and you hereby submit to the exclusive jurisdiction of such courts.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

7. Termination.

We may, in our sole discretion and at any time, discontinue the Web Site, either in part or in whole, or your access to the Web Site, with or without notice. You agree that any termination of your access to the Web Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.

8. Prohibited Activities.

You may not use any device, software or routine intended to damage or interfere with the proper working of the Web Site or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

9. Linking And Third-Party Content.

The Web Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Web Site may contain news and information published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

10. Laws And Regulations.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Web Site and (ii) release of information to and retrieval of information from the Web Site. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Web Site, as applicable, to any applicable government agencies.

11. Indemnification.

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the Web Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness or originality of any submission via the Web Site; and/or (iv) any intentional wrongdoing by you.

12. Assignment.

You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Web Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

13. Contact.

If you have any problems, questions or complaints about these Terms of Use or the Web Site, please contact Customer Service by email at info@inrangesystems.com.

14. Governing Law, Arbitration And Jurisdiction.

You recognize that, although the Internet can be accessed from anywhere in the world, the Web Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access the Web Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of law and the federal laws of the United States of America.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEB SITE SHALL BE FILED ONLY IN ALLEGHENY COUNTY, PENNSYLVANIA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN ALLEGHENY COUNTY, PENNSYLVANIA.

15. COPPA.

Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of thirteen (13). The Web Site is not directed at children under the age of thirteen (13), and by using the Web Site, you represent that you are not under the age of thirteen (13). While it is unlikely that a child would have any interest in the Content or services offered on the Web Site, should such interest exist, the parent or guardian of the child must contact Customer Service by email at info@inrangesystems.com prior to disclosing any personal information of such child.

16. Miscellaneous.

Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.