1. Who Can Use the Tomo Services
To use the Services, you must be at least 18 years old and a resident of the United States. If you are under the age of 13 years old, you should not be visiting this Site.
2. Intellectual Property Ownership and License
4. How We May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your Tomo account, including your email address, telephone number, or the postal address you provided. We have no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. When you request information from us you are extending an express invitation for us to contact you.
5. Third Party Sites
You agree to defend, indemnify, and hold harmless Tomo, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of your violation of this Agreement or use or misuse of the Services or this Site.
TOMO PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOMO, TOMO NETWORKS, INC., AND THEIR AGENTS, AFFILIATES AND REPRESENTATIVES DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER TOMO NOR TOMO NETWORKS, INC. IS RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. TOMO DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TOMO AND TOMO NETWORKS, INC. DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
8. Limitation of Liability
9. Additional Legal Terms
- A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
- B. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement; provided that the Loan Services will also be subject to the terms and conditions of any documents and disclosures provided in connection with the Loan Services (the “Loan Services Documents”) and in the event of any conflict, the Loan Services Documents will control. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tomo services.
- D. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- E. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
- F. International Matters. Tomo is controlled and operated from our United States offices in Stamford, Connecticut. The Services, including software from Tomo Networks, Inc., is further subject to United States export controls. No Services, including software from Tomo Networks, Inc., may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, or regulation.
- G. Complaint Regarding Copyright Infringement. If you are a copyright holder and believe your work has been used on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information: (i) your name, address, phone number, and email address, so that we can reach you; (ii) identification of the copyrighted work(s) you believe to be infringed; (iii) identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL); (iv) a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate; (v) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a physical or electronic signature. Send your infringement notices to: Tomo Networks, Inc., Legal Department, 2200 Atlantic Street, 5th Floor, Stamford, CT 06902.
If you believe in good faith that a claim has been wrongly made against you, the Digital Millennium Copyright Act permits you to submit a counter-notification to Tomo. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which Tomo may be found, and that you will accept service of process from the person who notified Tomo of the alleged infringement or an agent of such person. We expect all users of any part of the Services to comply with applicable copyright laws.
10. Governing Law
You agree that this Agreement will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. Except as otherwise provided herein, You agree that any action at law or in equity arising out of or relating to these this Agreement or the use of this website shall be filed only in the state or federal courts located in New Haven or Fairfield Counties, Connecticut, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11. Contact Us
If you have questions about this Agreement or the Site, please call us at (737) 510-2523. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TOMO