Site Terms and Conditions

Welcome to Gizmo5.com (the Site). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Gizmo5 Technologies, Inc. and its affiliates and subsidiaries (individually and collectively, Gizmo5).

By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. Gizmo5 has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at Gizmo5. To better protect your rights we have provided the Gizmo5 Privacy Policy to explain our privacy practices in detail.

Use of Gizmo5 Software

Gizmo5 Phone software, sometimes referred to as (the Software) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of Gizmo5. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and Gizmo5, the materials in or purchased through this site are provided as is and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Gizmo5 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, Gizmo5 does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Gizmo5 does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Gizmo5) assume the entire cost of all necessary servicing, repair, or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Gizmo5 service, we include links to other web sites on the world wide web portion of the internet and that Gizmo5 has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall Gizmo5 be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if Gizmo5 or a Gizmo5 authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No advice or information, whether written or oral, obtained by you from Gizmo5 or from or through the site shall create any warranty not expressly stated in the terms of use.

Term of Use

The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Gizmo5 to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Gizmo5 at your expense.

Web Site Links

Gizmo5 may provide links to other sites that we feel are relevant and interesting to our users (Link Sites). Gizmo5 is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (Products). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of Gizmo5's community features such as Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (User Materials). You may not submit or publish through Gizmo5 any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Gizmo5 that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Gizmo5 a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Gizmo5 and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called moral rights in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (Submissions). In such a case, please read carefully the specific terms, which govern those Submissions (Additional Terms). In the absence of Additional Terms, the Gizmo5 Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of Gizmo5. Gizmo5 shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Gizmo5 will not be treated as confidential and Gizmo5 shall not be liable for any disclosure of the Submissions.

Accounts and Security

Gizmo5 does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each Patron will select a password (Password) and User Name (User Name). You shall provide Gizmo5 with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Gizmo5, in its sole discretion, deems inappropriate or offensive.

You shall notify Gizmo5 of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Gizmo5's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Notification of Copyright Infringement

Gizmo5 will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Gizmo5.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• a description of the copyrighted work or works that you claim have been infringed (infringed work) and identification of what material in such work(s) is claimed to be infringing (infringing work) and which you request to be removed or access to which is to be disabled;
• a description of where the material that you claim is infringing is located on the Site;
• information sufficient to permit Gizmo5 to contact you, such as your physical address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For Notice of claims of copyright infringement, Gizmo5 can be reached by our contact form.

Administrative Information

Jurisdictional Issues

This Site is controlled and operated by Gizmo5. Gizmo5 makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold Gizmo5, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and Gizmo5 agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law.

Trademarks

The trademarks, logos and service marks (Marks) displayed on this Site are the property of Gizmo5 or other third parties. You are not permitted to use the Marks without the prior written consent of Gizmo5 or such third party, which may own the Marks. Gizmo5 and the Gizmo5 logo are trademarks of Gizmo5 Technologies, Inc.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: Gizmo5 Technologies Information Center

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