Created: May 2009
Infinia ("Infinia," "we," "us," or "our") offers this website, including its content, site functionality, and services (the "Website") to you subject to the terms and conditions set forth below ("Terms").
Changes in Terms. Infinia may, in its sole discretion, revise these Terms from time to time by updating the Terms, with the new terms taking effect on the date of posting. You should review the Terms every time you use this Website as they are binding on you. If you do not agree to all of the Terms, do not use this Website.
Intellectual Property. All information, data, documents (e.g. press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Website ("Website Content"), as well as their selection and arrangement, are protected by copyrights, trademarks, and other intellectual property and proprietary rights. Any unauthorized use of the Website Content may violate those rights and the Terms. Infinia and its licensors do not grant any implied right to use the Website Content. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior consent of Infinia. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website or Site Content.
All trademarks, service marks and trade names of Infinia and its partners and licensors used on the Website (including without limitation: Infinia, the Infinia logo, and the associated designs and logos) (collectively "Marks") are trademarks or registered trademarks of Infinia or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Infinia's prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
All content of the Website is Copyright 2009 by Infinia. All rights reserved.
Restriction and Termination of Website Access. Infinia may block, restrict, suspend or terminate your access to our Website at any time in Infinia's sole discretion, without prior notice or liability to you.
Third Party Content. Infinia may provide content of third parties ("Third Party Content") as a service to those interested in this information. Infinia does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content.
Notices. Infinia may deliver notice to you under these Terms by means of electronic mail, a general notice on the Website, or by written communication.
You may give notice to Infinia at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
US Headquarters - Infinia
6811 West Okanogan Place
Kennewick, WA 99336
Attention: Legal Notice
Notice Regarding Copyright Agent. Infinia does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Infinia's designated copyright agent for notice of claims of copyright infringement on this Website is Suzanne McCleary, who can be reached as follows:
Infinia Marketing Team
6811 W. Okanogan Place
Kennewick, WA 99336
Disclaimer of Warranties. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE IS NO WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT, OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability. INFINIA SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). IN NO EVENT SHALL INFINIA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INFINIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
You expressly agree that exclusive jurisdiction for any dispute with Infinia, or in any way relating to your use of the Website ("Legal Action"), resides in the state or federal courts of Seattle, Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Seattle, Washington in connection with any such dispute.
These Terms are governed by the internal substantive laws of the State of Washington, without regard to conflict of law principles.
If any provision of these Terms 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 these Terms, which shall remain in full force and effect.