Terms of Use

These Terms of Use govern your access to and use of the websites at www.xirrus.com (the “Site”) provided by Xirrus, Inc. (“Xirrus,” “we,” or “us”). Please read this agreement carefully. By accessing or using the Site, you agree to follow and be bound by these terms and conditions concerning your use of the Site (“Terms of Use”) and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time.  Please review this page regularly to familiarize yourself with any changes.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.


Use of Web Site Information

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights on a worldwide basis. You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for informational purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Xirrus.

In your access and use of the Site or Documents, you may not (a) copy, print (except for the express limited purpose permitted above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Documents retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any content and/or Documents from the Site; (d) use any content or Documents from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; or (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations.


Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Xirrus is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted on other Web sites regarding privacy and other topics before you use them. You agree that Xirrus is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Xirrus is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Xirrus is not responsible for any loss or damage of any sort you may incur from dealing with any third party.


Passwords and Security

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Xirrus immediately of any unauthorized use of your password(s). Xirrus is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.


Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.


User Conduct

You agree to use the Site only for lawful purposes. You agree not to attempt to access or modify any content that is not intended for you. You agree not to use the Site in any manner that might compromise the security of the Site or might interfere with anyone else’s access to the Site.


Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XIRRUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. XIRRUS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. XIRRUS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

XIRRUS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME.  PLEASE REVIEW THIS PAGE REGULARLY TO FAMILIARIZE YOURSELF WITH ANY CHANGES.


Limitation of Liability

IN NO EVENT SHALL XIRRUS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

IF ANY COURT OF COMPETENT  JURISDICTION INVALIDATES ANY OF THE FOREGOING LIMITATIONS OR EXCLUSIONS OF LIABILITY, THEN XIRRUS’ LIABILITY IS LIMITED AND ITS WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW BUT SHALL IN NO EVENT EXCEED $250.


Indemnity

You agree to defend, indemnify and hold harmless Xirrus, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.


Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Xirrus in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.


Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Santa Clara County, California. You and Xirrus agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.


Privacy Policy

Xirrus is concerned about your privacy and has developed a policy to address privacy concerns, which is incorporated as a part of these Terms of Use. You must review and accept the Privacy Policy as a condition to your use of the Site. You can find the current privacy policy at http://www.xirrus.com/privacy.php.


Trademark and Copyright Information

Xirrus®, Wi-Fi Array®, Wireless Array™, High Performance Wi-Fi™, Switching: Without Wires™, The Air is the Network™, and other names, slogans, graphics, logos, and trade names used on the Site are the trademarks of Xirrus and may not be used without Xirrus’ permission. Third-party trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners. Copyright ©2011, Xirrus, Inc.


Miscellaneous

The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. These Terms of Use and all incorporated agreements and your information may be automatically assigned by Xirrus in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Xirrus’ failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Xirrus’ rights under these Terms of Use shall survive termination.


Contacting Xirrus

We can be reached by e-mail at info@xirrus.com or by phone at 805-262-1600.