Last updated: July 2018
GUAVUS provides access to this website to you, and invites you to review the products, services and other information contained in this website, subject to the following terms and conditions. If you visit this site or enter information into or receive information from this site, you accept and agree to each of the terms and conditions in these Terms of Use. Please read them carefully. This website is published by Guavus, Inc., a Delaware corporation.
PRIVACY
The most current version of our Privacy Notice can be reviewed by clicking on the “Privacy Notice” hypertext link located at the bottom of this website. Your access and/or use of this site signifies your acknowledgment of and agreement to our Privacy Notice terms.
ELECTRONIC COMMUNICATIONS
When you visit GUAVUS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of GUAVUS or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of GUAVUS, with copyright authorship for this collection by GUAVUS, and protected by international copyright laws.
TRADEMARKS
“GUAVUS”, the GUAVUS logo, and other GUAVUS product or service names described in this site are trademarks or registered trademarks of GUAVUS or its subsidiaries. GUAVUS trademarks and trade dress may not be used in connection with any product or service, unless GUAVUS’ express written consent is first obtained, or in any manner that is likely to cause confusion among potential or actual customers, or in any manner that disparages or discredits GUAVUS. All trademarks not owned by GUAVUS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GUAVUS or its subsidiaries.
LICENSE AND SITE ACCESS
GUAVUS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GUAVUS. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or other product or service information, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another website provider, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GUAVUS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GUAVUS and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing GUAVUS name or trademarks without the express written consent of GUAVUS. Any unauthorized use terminates the permission or license granted by GUAVUS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GUAVUS so long as the link does not portray GUAVUS, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GUAVUS logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR REGISTRATION INFORMATION
If you enter any information into this site to register to receive or gain access to product or service information, newsletters, white papers, or other information, or to explore career opportunities or other activities on this site, you are responsible for maintaining the confidentiality of all such information and of any account number and password you have created, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. GUAVUS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your registrations, requests, or access in their sole discretion.
VIRUSES
GUAVUS recommends that you install appropriate anti-virus software and any other necessary protective software before you download or retrieve any newsletter, job description or other information from this site. GUAVUS does not accept responsibility for any virus contracted as a result of visiting this site or any other web site and will not be liable for any loss, damage, costs, expenses or claims suffered or incurred by you or any other person as a consequence of the presence of any virus or similar item on this site or any other web site, whether linked or not.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
You may submit suggestions, ideas, comments, questions, or other content into this site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. GUAVUS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit content or other material, and unless we indicate otherwise, you grant GUAVUS and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GUAVUS and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit: that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GUAVUS or its associates for all claims resulting from content you supply. GUAVUS has the right but not the obligation to monitor and edit or remove any activity or content. GUAVUS takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT AND SERVICE DESCRIPTIONS AND AVAILABILITY
GUAVUS and its associates attempt to be as accurate as possible. However, GUAVUS does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
GUAVUS products and services are not licensed or made available through this site. They are available for licensing directly from GUAVUS through its sales and service organizations and pursuant to separate written contracts between GUAVUS and its customers. For more information on licensing GUAVUS products, please click here.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GUAVUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. GUAVUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GUAVUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GUAVUS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GUAVUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUAVUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting this site, you agree that the laws of the state of California, United States of America, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GUAVUS or its associates.
DISPUTES
Any dispute relating in any way to your visit to this site, or your use or access to this site or any materials provided by GUAVUS to you through this site, shall be submitted to confidential arbitration in San Jose, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate these Terms of Use, GUAVUS may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
GENERAL
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. These Terms of Use constitute the entire agreement between you and GUAVUS and govern your use of this site and access to any materials provided in this site, superseding any prior agreements between you and GUAVUS, unless you and GUAVUS enter into a separate agreement related to the use of the site, in which case you also may be subject to additional terms and conditions. The failure of GUAVUS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision hereof 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 Terms of Use remain in full force and effect. You may not assign or delegate any of your rights or obligations under these Terms of Use without GUAVUS’ express written consent. These Terms of Use inure to the benefit of GUAVUS’ successors, assigns and licensees. The section titles herein are for convenience only and have no legal or contractual effect.
QUESTIONS
Questions regarding our Terms of Use, Privacy Notice, or other policy-related material can be directed to our support staff by clicking on the “Contact” link in the top menu. Or you can email us at: info@guavus.com