Ambientcorp.com Terms of Use

Ambientcorp.com (the “Site”) is operated by Ambient Corporation ("Ambient"), and the terms "we," "us" and "our" as used in this Site refer to Ambient. We may refer to you, as “user”, “you” or “your”.

This Site, including all information, tools and services available from this Site, is offered to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. BY USING THIS SITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. DO NOT USE THE SITE IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE. You are always bound by the terms and conditions that apply at the time of your use of our Site and you should periodically visit this page to review them so you know the terms and conditions that apply to you. Your continued use of our Site means that you accept and fully agree to the terms and conditions that apply at the time of your use.

The term “use” means and includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing, obtaining customer service and engaging in any other activity or using the features and functions of the Site, as a visitor, registered user or otherwise.

Accuracy and Completeness of Information/Modifications

Ambient is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. Any historical information provided is for your reference only.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. Upon posting revisions on the Site or otherwise notifying you, the revisions will be effective on the date in the notice or posting. You agree that it is your responsibility to monitor changes to the Site.

We also reserve the right to discontinue, temporarily or permanently the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any such action

Use of Materials on the Site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of, and owned by, Ambient, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Ambient, or its licensors or content providers, retain full and complete title to the material on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Ambient's sole discretion. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.

Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as may be updated from time to time. Ambient neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Ambient reserves the right to refuse or cancel any person's registration for this Site, remove any person from this Site or prohibit any person from accessing or using this Site for any reason whatsoever without notice.

Links to and from Third Party Sites

This Site may contain links to other web sites, which are operated by third parties. Ambient provides these links as a convenience to you. Ambient has no obligation to review all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Our inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites, nor indicate any endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. Different terms and conditions may apply to your use of any linked sites, and you should review the applicable Terms of Use of Legal Statements for such third party sites. Ambient is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

A third party may provide a link to this Site. Any such third party link to this Site is not to be taken as an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us.

Materials Submitted by You

You are responsible for any material you may submit via this Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

If you do submit material, you are agreeing that your submission is entirely voluntary non-confidential, gratuitous, and non-committal. Ambient shall be free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in such material for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon such information and/or distributing such information to others without restriction.

Trademarks and Copyrights

The Ambient Corporation name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Ambient Corporation and may not be used in any manner without the prior written consent of Ambient Corporation. All other product and service marks are trademarks of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission.

This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Ambient reserves all rights not expressly granted in and to the Site and its content.

Infringement Notice

Ambient respects the intellectual property rights of others and requests that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

Director, Corporate Communications
Ambient Corporation
7 Wells Avenue, Suite 11
Newton, MA 02459 U.S.A.
(617) 332-0004
ambient-corpcomm@ambientcorp.com

Disclaimer of Warranties/Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND/OR THE CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS FOR YOUR USE OF THE INTERNET GENERALLY. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

AMBIENT DISCLAIMS ALL WARRANTIES OF ANY KIND, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.

IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

IN NO EVENT UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE) SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE USE OF THIS SITE OR THE INTERNET GENERALLY OR OUR AGREEMENT WITH YOU CONCERNING THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN ALL SUCH CIRCUMSTANCES, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

Indemnification

You agree to indemnify and hold us and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys' fees), resulting from your use of the Site and/or any violation of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

General

You agree that all legal actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site or any materials obtained by you through such use, shall be litigated in any state or federal court of competent jurisdiction in Suffolk County, Commonwealth of Massachusetts. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that any such court is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Ambient Corporation in the Commonwealth of Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

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