The following Terms and Conditions ("TCs") describes the terms on which Quantenna, Inc. ("Quantenna") offers you access to the services on this web site ("Services"). By accessing this web site, you acknowledge acceptance of these TCs and you represent and warrant that you have the right, authority and capacity to enter into these TCs and to abide by all of the terms and conditions of these TCs. In the case of any violation of these TCs, Quantenna reserves the right to seek all remedies available by law and in equity for such violations.
2. Modified Terms. Quantenna reserves the right to change these TCs from time to time at its sole discretion without notice to you. You are responsible for regularly reviewing these TCs to ensure that you are in compliance and you agree that your continued use of this web site following the posting of the revised TCs constitutes your acceptance of the revised TCs.
3. Member Account, Password And Security. Your access to portions of this website will require a username and password (“Login”). You are responsible for maintaining the confidentiality of the Login, and are fully responsible for all activities that occur under your Login. You are not permitted to share, or distribute the Login under any circumstance. Failure to comply with this policy will result in immediate legal action by Quantenna against non-compliant Login owners and any unauthorized parties. You agree to immediately notify QUANTENNA of any unauthorized use of your password or account or any other breach of security. Please be sure that you log out from your account at the end of each session. QUANTENNA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4. Copyright. Unless otherwise specified, all materials appearing on our web site, including the text, site design, graphics, logos, icons and images, audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are the property of QUANTENNA and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners.
5. Trademarks. Unless otherwise specified, all product and service names, slogans, custom graphics, icons, logos and service names are registered trademarks, unregistered trademarks, trade names or service marks ("Marks") of QUANTENNA. All third party trademarks, trade names or service marks are the property of their respective owners. The use of any QUANTENNA Marks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks appearing on the web site without the prior written consent of QUANTENNA or the third party that may own the Mark. If you have any questions, you may contact our Legal Department by sending an email to email@example.com, ATTN: QUANTENNA LEGAL DEPARTMENT.
6. Use. As a condition of your use of the Service, you warrant to QUANTENNA that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You may view, download, print and retain a copy of pages of our web site provided that (1) your use of such information from our web site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information.
Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our web site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our web site you may contact us at firstname.lastname@example.org. All rights not expressly granted herein are reserved.
7. Special Admonitions For International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Modification of Service. QUANTENNA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that QUANTENNA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. In addition, QUANTENNA assumes no responsibility for the accuracy of the information presented on this web site. QUANTENNA may make improvements and/or changes in the products and/or the programs described in this web site at any time without notice. Mention of non-QUANTENNA products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
9. Termination. You agree that QUANTENNA, in its sole discretion, may terminate your access to and use of the Service at any time and for any reason, including, without limitation, if QUANTENNA believes that you have violated or acted inconsistently with the letter or spirit of this TCs. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. QUANTENNA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TCs may be effected without prior notice, and acknowledge and agree that QUANTENNA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that QUANTENNA shall not be liable to you or any third-party for any termination of your access to the Service.
10. Disclaimer of Warranties. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. QUANTENNA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE; (III) THE RESULTS THAT YOU OBTAIN FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) THE DATA SUBMITTED WILL BE SECURE FROM UNAUTHORIZED ACCESS. QUANTENNA DISCLAIMS ANY LIABILITY WITH REGARDS TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
QUANTENNA SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY PERSON, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM, EVEN IF QUANTENNA HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL QUANTENNA 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 RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, OR DAMAGES FROM GOODWILL OR INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TCS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), EVEN IF QUANTENNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnity. You agree to indemnify and hold QUANTENNA, 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 Service, your connection to the Service, your violation of these TCs and/or your violation of any rights of another party.
13. Disclosure; Forward-Looking Statements. All statements included or incorporated by reference in this web site, other than statements or characterizations of historical fact, are forward-looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry, management's beliefs, and certain assumptions made by us. Forward-looking statements can often be identified by words such as "anticipates," "expects," "intends," "plans," "predicts," "believes," "seeks," "estimates," "may," "will," "should," "would," "could," "potential," "continue," similar expressions, and variations or negatives of these words. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. These forward-looking statements speak only as of the date they are made and are based upon the information available to us at that time. Such information is subject to change, and we will not necessarily inform you of such changes. These statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that are difficult to predict. Therefore, our actual results could differ materially and adversely from those expressed in any forward-looking statement as a result of various factors. Any Securities and Exchange Commission filings discuss the foregoing risks as well as other important risk factors that could contribute to such differences or otherwise affect our business, results of operations and financial condition. We undertake no obligation to revise or update publicly any forward-looking statement for any reason.
14. Notices. Notices to you shall be made via either email or regular mail. QUANTENNA may also provide notices of changes to these TCs or other matters by displaying notices or links to notices to you generally on the Service.
15. Links And Search Results. Our web site may contain links to other sites or automatically produce search results that refer or link to other sites. Clicking on such a link to a third party site will cause you to leave our web site. We do not control or endorse the linked third party sites and are not responsible for the contents of any linked third party site, any link contained in a linked third party site, or any changes or updates to such third party sites. We do not guarantee, represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. These links are provided to you only as a convenience and are governed by Terms and Conditions of the particular third party site to which you are linked. By using our web site to search for or link to another site, you agree and understand that you may not make any claim against us for any resulting damages or losses. If you have a problem with a link from our web site, however, please notify us at email@example.com.
16. Miscellaneous. These TCs constitute the entire agreement between you and QUANTENNA and governs your use of the Service, superceding any prior agreements between you and QUANTENNA. These TCs and the relationship between you and QUANTENNA 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 QUANTENNA to exercise or enforce any right or provision of these TCs shall not constitute a waiver of such right or provision. If any provision of these TCs 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 these TCs 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 these TCs must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these TCs are for convenience only and have no legal or contractual effect. If any term or other provision of these TCs is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of these TCs will nevertheless remain in full force and effect.
17. Contact Information. Please direct any inquiries and/or comments to firstname.lastname@example.org.