Terms of Use
IMPORTANT - READ CAREFULLY: THE FOLLOWING DESCRIBES THE TERMS ON WHICH ADOMO, INC. ("ADOMO") OFFERS YOU ACCESS TO THIS WEB SITE ("AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THIS WEB SITE.
The terms of the Adomo Privacy Policy are incorporated herein by reference. By using this site, you agree to allow Adomo to use your information as described in our Privacy Policy, available at Privacy Policy.
1. Modified Terms. Adomo may revise the terms of this Agreement and the Privacy Policy, from time to time, at its sole discretion, by updating this posting. The revised Agreement shall be effective on and after the date that it is posted on the site. You agree that your continued use of the site following the posting of the revised Agreement constitutes your acceptance of the revised Agreement. You agree to review this Agreement periodically for changes to the Agreement.
2. Ownership. Adomo retains all of its ownership rights in and to this web site including, but not limited to, all graphical designs, names, icons, interfaces, and other design elements (e.g the selection and arrangement of materials therein and the "look and feel" thereof). You acknowledge and agree that the web site and any necessary software used in connection with the site is owned by Adomo and contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
3. No Unlawful or Prohibited Use. As a condition of your use of the site, you warrant to Adomo that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
4. Modifications to Site. Adomo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that Adomo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.
5. Termination. You agree that Adomo, in its sole discretion, may terminate your access to and use of the site at any time and for any reason, including, without limitation, if Adomo believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the site, may be referred to appropriate law enforcement authorities. Adomo may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice.
6. Disclaimer of Warranties. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ADOMO INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR GOODWILL, USE, DATA OR INTANGIBLE LOSSES, ARISING OUR OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), EVEN IF ADOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnity. You agree to indemnify and hold Adomo, and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the web site, your connection to the web site, your violation of this Agreement and/or your violation of any rights of another party.
9. Miscellaneous. This Agreement constitutes the entire agreement between you and Adomo and governs your use of the web site, superseding any prior agreements between you and Adomo. This Agreement and the relationship between you and Adomo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California. The failure of Adomo to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement will nevertheless remain in full force and effect.