Terms of Use

 

The information, materials and related graphics (“Materials”) available on this Web site (the “Site”) are provided by Gladiator Technologies, Inc. (“Gladiator” or the “Company”) as a service to its customers and may be used for information purposes only. This page states the Terms and Conditions (the “Terms” or the “Agreement”) under which you may use this Site. Please read this page carefully. By accessing and using this Site, you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated herein, do not use the Site. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

 

Use Restrictions:
The Materials contained on this Site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Except as stated herein, these Materials may not be reproduced, modified, displayed or distributed in any form or by any means without our prior written consent.

 

We grant permission to download, reproduce, display and distribute the Materials posted on this site solely for informational and non-commercial or personal use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such Materials. Unauthorized use of any of these Materials is expressly prohibited.

 

Warranties and Disclaimers:
We believe the Materials contained on this Site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. We may make corrections or other changes to these Materials at any time. Some Material on this Site may be provided by third parties and Gladiator shall not be held responsible for any such Material provided by third parties. We and our suppliers also reserve the right to make modifications, enhancements, improvements and other changes to the products, programs and services that may be described on this Site at any time or to discontinue any products, programs, or services without notice.

 

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS." WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT.

 

YOU ACKNOWLEDGE AND AGREE THAT ANY DATA SHEETS, APPLICATION NOTES, REFERENCE DESIGNS AND OTHER SUCH DESIGN MATERIALS INCLUDED HEREIN ARE PROVIDED AS AN EXAMPLE ONLY AND THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS. WE ASSUME NO LIABILITY FOR YOUR USE OF THESE MATERIALS OR YOUR PRODUCT DESIGNS OR ANY APPLICATIONS ASSISTANCE PROVIDED BY US.

 

NO LICENSE, EITHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY PATENT RIGHT, COPYRIGHT, MASK WORK RIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF GLADIATOR COVERING OR RELATING TO THESE MATERIALS OR ANY COMBINATION, MACHINE, OR PROCESS TO WHICH THESE MATERIALS RELATE OR WITH WHICH THESE MATERIALS MAY BE USED.

 

USE OF THE INFORMATION ON THIS SITE MAY REQUIRE A LICENSE FROM A THIRD PARTY UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF THAT THIRD PARTY, OR A LICENSE FROM GLADIATOR UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF GLADIATOR.

 

Limitation of Liability:
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site.

 

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Specific Notice Regarding Software Available on This Site:
Any software that is made available to download from this site ("Software") may include a copyright notice. Use of such Software is governed by the terms of the license agreement that accompanies or is included with this Software ("License Agreement"). A user will be unable to install any Software before first agreeing to the License Agreement terms. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. FOR YOUR CONVENIENCE, WE MAY MAKE AVAILABLE ON THIS SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE OR DOWNLOAD. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM THE USE OF ANY SUCH SOFTWARE PRODUCTS, TOOLS AND UTILITIES.

 

GLADIATOR SHALL NOT BE LIABLE IN ANY WAY, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GLADIATOR FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, GLADIATOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Specific Notice Regarding Links to Third-Party Sites:
Certain links provided herein permit you to leave this site and enter non-Gladiator sites. These linked sites are not under our control. We are not responsible for the contents of any such site that may be linked to or for any changes or updates to such sites. We are providing these links only as a convenience, and the inclusion of any link does not imply endorsement of any linked site.

 

PUBLICATION ON THIS SITE OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A REPRESENTATION, WARRANTY OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY GLADIATOR PRODUCT OR SERVICE.

 

User Submissions:
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Gladiator will have no obligations with respect to the Communications. Gladiator and its designees will be free to copy, disclose, distribute, 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. 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.

 

Export Control:
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

 

Indemnity:
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

 

Trademarks; Copyright Notice:
Gladiator Technology, Gladiator and Gladiator logo designs are the trademarks of Gladiator Technology, Inc. Other brands and product names on this site may be trademarks or service marks of their respective owners.

 

Applicable Laws:
This site is controlled by Gladiator from its offices within the United States of America. Gladiator makes no representation that Materials in the 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 U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of California.

 

General:
Gladiator may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are 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.


If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company. 


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