Sigma Designs

Terms of Use

TERMS OF USE

In this Terms of Use (“TOU”), we, Sigma Designs, Inc. and our affiliate companies (“Sigma”), set forth the terms by which you may use our websites including www.sigmadesigns.com, www.z-wave.com and other web sites that we operate and on which we post a direct link to this statement (collectively the “Site”). The following TOUs apply to all visitors of the Site and by accessing the Site; you accept the following terms and conditions. Sigma reserves the right to change these terms and conditions from time to time at our sole discretion and we therefore advise you to check this page regularly.

USE OF THE SITE

You may not incorporate any portion of the Site into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Site, information, materials, trademarks, or other content or otherwise assign any rights to anything found on the Site in whole or in part. You may not use the Site for any illegal purpose. Your rights to use the Site will automatically terminate without notice from us if you fail to comply with any of these TOU. All software used on the Site is the property of Sigma or its software suppliers and protected by United States and international copyright laws. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Site or software, whether in whole or in part, or create any derivative works from or of the Site or software.

CAUTIONARY STATEMENTS

The information, communications and presentations contained on this website contain information believed to be accurate when produced and posted but that may have been superseded by subsequent events and/or the passage of time. These materials are available as archives, but Sigma Designs cautions that they are not reviewed or updated, and disclaims any intent or undertaking to do so. The information, communications and presentations contained on this website may also contain certain “forward-looking statements”, which include words such as “believe”, “anticipate” and “expect.” These forward-looking statements involve risks and uncertainties that may cause Sigma Designs’ actual results to differ materially from those expressed or implied by these statements. Risks and uncertainties are detailed from time to time in Sigma Designs’ filings with the U.S. Securities and Exchange Commission. Sigma Designs is under no obligation to, and expressly disclaims any obligation to, update or alter its forward-looking statements, whether as a result of changes, new information, subsequent events or otherwise. By viewing these archived materials, you acknowledge that you understand these cautionary statements.

DEALINGS WITH THIRD PARTIES

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party provider. You agree that Sigma shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.

LINKS

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites.

Sigma has no control over such sites and resources, you acknowledge and agree that Sigma is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sigma shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.

WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY SIGMA ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIGMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIGMA DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIGMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE SITE AND THAT SIGMA MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS SIGMA MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, ANY TRANSACTIONS, PRODUCTS OR SERVICES EXECUTED THROUGH A THIRD PARTY, OR BY A THIRD PARTY IN CONNECTION WITH A SIGMA PRODUCT OR A PRODUCT OF A SIGMA AFFILIATE, OR SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR SERVICES THROUGH A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY SIGMA. NOR WILL SIGMA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST SIGMA WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Further, Sigma does not warrant or represent that any third party provider is compliant with federal, state or local laws and regulations. Furthermore, as it relates to third party products and services and without limitation, Sigma makes no warranties or representations as to the storage, handling, processing and transmission of a cardholder’s data to any particular standards such as the Payment Card Industry Data Security Standard.  Sigma, nor any of its affiliates make any warranties and representations regarding the performance and security of any third party system.

THE USE OF THIRD PARTY PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES.

THIRD PARTY PRODUCT DESCRIPTIONS

In the event that Sigma is making thirty party product descriptions, Sigma aims to be as accurate as possible. However, Sigma does not warrant that any third party product descriptions or other content is accurate, complete, reliable, current, or error-free.

COPYRIGHT

All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Sigma or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of Sigma and protected by U.S. and international copyright laws.

TRADEMARKS

The trademarks, service marks, and trade names used on this Site are owned by Sigma and its affiliates, and may also contain brand and product names that are trademarks, service marks or trade names that are owned by their respective owners. Any product, process, or technology described in the content of the Site may be subject to other intellectual property rights that are expressly reserved by Sigma, its affiliates, or third parties.

PRIVACY

Our practices with respect to the information we collect is described in our Privacy Policy which is available at www.sigmadesigns.com/privacy/ (“Privacy Policy”). By agreeing to this TOU you are agreeing to our Privacy Policy.

MODIFICATIONS

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time for any reason. In order to keep the Site and software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

SURVIVABILITY

If any of these conditions shall be deemed invalid, void, or unenforceable for any reason, that condition will be severable and will not affect the validity and enforceability of any remaining of the remaining conditions.

Export Regulations

You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Site and other materials obtained from the Site.

APPLICABLE LAW

By using the Sigma Site, you agree that applicable federal law, and the laws of the state of California, 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 Sigma.