Welcome to www.farsightsecurity.com (“Site”). The Site is owned by Farsight Security, Inc. (“Farsight”). Our Website Terms of Use (“Terms of Use”) sets forth the terms and conditions under which visitors to the Site shall access, use and navigate the Site. Your access, use or navigation of this Site indicates your acceptance of these Terms of Use and your rights and responsibilities when visiting the Site. If you do not agree to any of the provisions of these Terms of Use, then please do not visit the Site.
WE MAY MODIFY THESE TERMS OF USE FROM TIME TO TIME BY PUBLISHING AN UPDATED VERSION. YOUR CONTINUED ACCESS, USE OR NAVIGATION OF ANY OF THE SITE AFTER PUBLICATION OF SUCH CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
If you use the Site to request information or materials about Farsight or Farsight’s subscription services (“Service”), to apply for a subscription to the Service, or to become a contributor of data for the Service, we may ask that you to supply certain applicable information. We will treat all such information as described in our Privacy Policy, which is incorporated into these Terms of Use by this reference. By accepting the Terms of Use, you agree to our collection, use, and disclosure of your information as described in the Privacy Policy. You represent and warrant that all information that you provide is and shall remain true, accurate and complete, and that you will regularly maintain and update such information.
You may obtain a free trial subscription to the Service through the Site by completing and executing the on-line free trial subscription application and trial license agreement.
For all other Service subscriptions, you will be contacted by a Farsight sales representative to execute the required subscription service agreement after you apply for such subscription and submit the required information.
Farsight or our licensors are the owners of all the content, materials, information, technology, designs, marks and logos presented on the Site (“Content”), including without limitation all copyrights, trademarks and other intellectual property rights, and we reserve all such rights are reserved. You may view the Content on a single computer or device solely for your personal, informational and non-commercial purposes. You may also download and print, for your internal, informational and non-commercial purposes only, and not for distribution, materials that Farsight specifically makes available for downloading. You shall not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Content. Your rights in and to the Content provided under the Terms of Use will not apply if you have been prohibited by Farsight from accessing or using the Site.
You may link to our homepage (www.farsightsecurity.com) without prior consent. We reserve at all times the irrevocable right to rescind any consents to link to our Site and to take any and all appropriate legal action. We may, at any time and in our sole discretion, block links to the Site through technological or other means without prior notice.
The Site may contain links to the websites or services of our partners, suppliers, licensors or other third parties. You acknowledge and agree that: (i) the existence of such links does not constitute our endorsement of such websites; (ii) we do not control the content or links that appear on these websites or services; (iii) we are not responsible for the practices employed by websites or services linked to or from our Site; (iv) your browsing and interaction on any other website or service, including websites or services which have a link to the Site, is solely at your own risk and is subject to that website's or service’s own terms and policies; and (v) you shall direct all complaints and concerns regarding such websites and services to the provider of such websites and services.
BY ACCESSING, USING OR NAVIGATING THE SITE, YOU ASSUME ALL RISK OF LOSS AND WAIVE ANY AND ALL CLAIMS RESULTING FROM YOUR ACCESS, USE OR NAVIGATION OF THE SITE, WHETHER EXPRESS OR IMPLIED. THE SITE, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER UNDER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OF LIABILITY, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, BUSINESS, REVENUES, INCOME, GOODWILL, SOFTWARE, HARDWARE, SYSTEMS, DATA OR INFORMATION, WHICH MAY ARISE OUT OF OR RESULT FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SITE, OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF ANY SUCH DAMAGES OR LOSSES WERE FORESEEABLE OR WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE WILL NOT BE LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE THAT YOU OR ANY THIRD PARTY ENCOUNTER OR RECEIVE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE THE NECESSARY AND PROPER SCANNING AND PROTECTION PRODUCTS AND TOOLS TO MAINTAIN THE SECURITY OF YOUR SOFTWARE, HARDWARE, SYSTEMS, DATA AND INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER UNDER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OF LIABILITY, WHICH MAY ARISE OUT OF OR RESULT FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THIS SITE, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY THE SITE, WILL BE THE AMOUNTS ACTUALLY PAID BY YOU TO US TO ACCESS AND USE THIS SITE, IF ANY, BUT IN NO EVENT WILL SUCH LIABILITY BE IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100). THE PROVISIONS OF THIS PARAGRAPH WILL APPLY EVEN IF A PARTICULAR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions may not allow the exclusion or limitation of incidental, consequential or other damages, so some of the above exclusions or limitations may not apply to you.
You shall defend us and our directors, officers, employees, contractors and agents, at your sole cost and expense, from and against any and all claims, actions, proceedings and demands arising out of or resulting from: (i) your breach of these Terms of Use: (ii) any information that you provide to us through your access or use of the site; or (iii) any action, inaction, negligence, intentional misconduct, misrepresentation or fraud committed by you or your agents or representatives in connection with or resulting from your access or use of the Site or any Content, information, product or services made available through the Site. You shall pay, and indemnify and hold us and our directors, officers, employees, contractors and agents harmless from, any and all damages, losses, liabilities, judgments, settlements, penalties, fines, costs (including court costs), expenses and fees (including reasonable attorneys' fees) incurred by us and/or our directors, officers, employees, contractors and agents as a result of or in connection with any and all such claims, actions, proceedings and demands.
We may terminate, suspend or discontinue these Terms of Use and/or the Site immediately and at any time without notice. We may deny you access to the Site for any reason or no reason.
These Terms of Use will be governed by the laws of the State of California without regard to its conflict of laws provisions. You irrevocably consent to submit to the jurisdiction and venue of the courts of the State of California and the Federal courts located in or serving San Mateo County, California. If any provision of these Terms of Use is held to be unenforceable in whole or in part for any reason, then the remainder of that provision and the Terms of Use will be severable and remain in effect. No waiver of any provision of these Terms of Use will be deemed a continuing waiver of such provision or any other provision of the Terms of Use. These Terms of Use constitute the entire agreement between you and us with respect to your access, use or navigation of the Site. No other agreement, statement or promise made prior to or at the time of your use of the Site will be binding. The prevailing party in any action or proceeding arising out of or to enforce any provision of these Terms of Use will be awarded reasonable attorneys' fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
