Last updated: January 2019
Unless otherwise noted, all materials such as logos, brand names, images, designs, photographs, video clips, user interfaces, computer code, written and other materials (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content,that appear as part of our Site are copyrights and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by or to Gyration®. Our Site as a whole is protected by copyright and trade dress. Nothing on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Site, without prior written permission of the Intellectual Property owner. The names and logos of Gyration® Air Mouse®, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without our prior written permission. Fair use of our Intellectual Property requires proper acknowledgment. Other materials displayed in our Site may be the Intellectual Property of their respective owners.
Postings on our Site are made at such times as we determine in our discretion. We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Gyration®. make no commitment to update the materials on the Site with respect to such products and services. You should not assume that the information contained on our Site has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.
Any policies posted on the Site may be changed from time to time and are effective immediately upon posting such changes on the Site.
Account, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Gyration®. of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Gyration®. or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Gyration® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Third-Party Websites
Our Site may contain links to third-party websites or services owned or controlled by parties other than Gyration®. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree we 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 web sites or services.
You agree to defend, indemnify and hold Gyration® harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Site or any contracts or services you purchase through it.
Gyration® DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Gyration® CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Gyration® SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gyration® DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Gyration® FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Gyration® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The information contained in this web site is subject to change without notice.