Legal Notice and Terms and Conditions of Use
YOU MUST READ THE FOLLOWING NOTICES, TERMS AND CONDITIONS CAREFULLY AND FULLY BEFORE USING THIS WEB SITE.
This Web site (“site”) and its contents are the property of Phonetics, Inc. d.b.a. Sensaphone (“Sensaphone”), unless otherwise noted on any particular web page's content. US copyright and trademark law protects this site and its contents. By accessing and using this site, you agree to the following terms and conditions of use. If you do not agree, you may not have any right to access or utilize the materials and information on this site.
If you are using this site in connection with operating any service or product provided by Sensaphone, then you have received and agreed to the written terms, conditions, licenses, warranties, limitations of warranty and/or damages and/or notices which set forth your agreement with Sensaphone, solely and completely governing your use of such products or services, and which may further provide some terms and conditions of agreement on your use of this web site. In such instances, those written terms, conditions, licenses, warranties, limitations of warranty and/or damages and/or notices control your agreement and relationship to Sensaphone concerning the use of its products and services, not the terms and conditions of this web site, except as otherwise stated in those documents. If you have not received and/or agreed to the terms and conditions in such documents, then you should not proceed with use of those products or services. You should immediately either contact the entity from which you purchased your product or service, or contact Sensaphone at 1-877-373-2700, and request such documents; or you should return you product for a full refund.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANYONE USING THIS WEB SITE IS BOUND AND SUBJECT TO THE NOTICES, TERMS AND CONDITIONS PROVIDED HEREIN CONCERNING THE USE OF THIS WEB SITE AS SET FORTH BELOW. YOU SHOULD READ THEM CAREFULLY AND FULLY.
Sensaphone is committed to the protection of the privacy of its customers and website visitors. Our website servers do not automatically collect any personal information identifiable to you, any information about your systems, or place or examine cookies. No automatic collection of your e-mail address is made, unless you specifically give it to us.
In order to fulfill your requests or provide you with information that you request it will be necessary to ask for certain information such as your name, company name, and address, telephone number or e-mail address. We may use this information to contact you with questions or information about the products or services that you may have requested. We also may use this information in our continuing efforts to keep our customers and friends informed about new and exciting products, services and promotions that we offer, which may include mailings, telephone calls and e-mail mailings.
The information we receive from you is treated with discretion and respect and we have chosen to limit the use of this information for purposes designed to provide you with product and service information that we believe you will find interesting.
We do NOT promote nor participate in the practice of selling our customer lists or customer information to third parties not of our customers, not of our vendors, and not of those who contact Sensaphone for product information.
The material on this website is the property of Sensaphone, who is solely responsible for its content. The material this site represents is part of the intellectual property owned by Sensaphone. Except for purposes of research and day-to-day normal use of this website, no part of this website shall be reproduced, in part or whole, for an intent other than which it is intended. Sensaphone's channel partners may utilize content of this website for use in promoting Sensaphone or IMS-4000 products in their normal course of business as so designated in the Sensaphone Reseller Agreement.
Sensaphone reserves the right to make changes to the web site's content and is not responsible for any inaccuracies or omissions on this website.
Sensaphone is a registered trademark of Phonetics Incorporated.
IMS-4000 is a trademark of Phonetics Incorporated.
Axis is a registered trademark of Axis Communications. Tivoli is a registered trademark of Tivoli, a division of IBM Corporation. OpenView is a registered trademark of Hewlett Packard. Unicenter is a registered trademark of Computer Associates Inc. Windows is a registered trademark of Microsoft Corporation.
Other marks which may be used on this website represent the manufacturer which holds the registration of their respective marks.
Limitation of Warranties and Damages
USE OF THE SITE IS AT THE RISK OF THE USER.
SENSAPHONE MAKES NO REPRESENTATIONS OR WARRANTIES: THAT THIS SITE IS FREE OF DEFECTS, VIRUSES, WORMS, TROJAN HORSES, PESTS OR OTHER HARMFUL COMPONENTS; THAT USE OF THE SITE WILL BE UNINTERRUPTED, VIRUSFREE OR ERRORFREE; THAT THIS SITE SHALL BE FROM HACKING OR INFILTRATION; THAT THE PAGES ON THIS SITE WILL BE FREE FROM TECHNICAL INACCURACIES, OUTDATED INFORMATION, AND/OR TYPOGRAPHICAL ERRORS; AND/OR THAT USE OF THE SITE WILL NOT AFFECT OTHER SOFTWARE OR OPERATING SYSTEMS USED TO ACCESS THE SITE.
SENSAPHONE SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND THAT MAY ARISE OUT OF AND/OR RESULT FROM THE HACKING OR INFILTRATION OF THIS SITE, OR SENSAPHONE’S COMPUTER SYSTEMS, OR THE COMPUTER SYSTEMS OF ANY ENTITY ENGAGED OR UTILIZED BY SENSAPHONE IN CONNECTION WITH THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE .
SENSAPHONE SHALL NOT BE RESPONSIBLE FOR AND/OR LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND ARISING FROM OR CONNECTED TO: VIRUSES, DEFECTS, ERRORS, WORMS, TROJAN HORSES, PESTS OR OTHER HARMFUL COMPONENTS OF ANY TYPE, THAT MAY INFECT, AFFECT OR EFFECT YOUR COMPUTER SOFTWARE, HARDWARE OR EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE .
YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF EQUIPMENT, PROPERTY AND/OR DATA USED IN CONNECTION WITH THIS SITE.
THIS SITE IS PROVIDED "AS IS." NEITHER SENSAPHONE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MODIFYING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED TO ACCESS TO, OR USE OF, OR THE INABILITY TO GAIN ACCESS TO, OR THE INABILITY TO USE THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, FOR: LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WORK DELAYS; PROPERTY DAMAGE OF ANY KIND, PERSONAL INJURY, AND/OR ANY ACTUAL, ALLEGED OR POTENTIAL DAMAGES TO YOU ARISING FROM CLAIMS BY THIRD PARTIES, EVEN IF SENSAPHONE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MODIFYING, OR DELIVERING THE SITE .
YOU AGREE NOT TO SUE SENSAPHONE, AND TO DEFEND, INDEMNIFY AND TO HOLD SENSAPHONE HARMLESS, FOR ANY CLAIMS ARISING OUT OF, CONNECTED TO OR BASED UPON THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR, DIRECT DAMAGES, INCIDENTAL DAMAGES; CONSEQUENTIAL DAMAGES; AND/OR LOST PROFITS, WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE .
WITHOUT LIMITING THE FORGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND/OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INDEMNIFICATION TERMS OR LIMITATIONS OF DAMAGES, SO THE ABOVE EXCLUSIONS, LIMITATIONS OR TERMS MAY NOT APPLY TO YOU.
This site (excluding third party linked sites) is controlled by Sensaphone from its offices within the United States. It can be accessed from countries around the world to the extent permitted by site. As each of these places has laws that may differ from the United States, by accessing this site, both you and the Company agree that the statues and laws of the United States shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. Specifically, your Agreement to use this site is governed by the law of the State of Delaware, without regard to the principles of conflicts of law. Any claims based upon a dispute arising out of your use of this web site shall solely be brought in the Court of Common Pleas of Delaware County, Pennsylvania or in the United States District Court for the Eastern District of Pennsylvania. The use of this web site shall not be governed by the Convention for the International Sale of Goods. All products and services sold by Sensaphone are done so pursuant to written documents which have been provided to purchasers of these products and services, and which govern the terms of the relationship between the purchasers and Sensaphone. Any person or entity using this site in connection with operating a Sensaphone product or using a Sensaphone service must be a party to such agreement(s), the terms of which control the use of such products or services.