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Terms

Amulaire Thermal Technology, ("Amulaire", "us" or "we"), maintains the website www.amulaire.com (the "Amulaire Website"). By accessing and/or using the Amulaire Website, you are expressly agreeing to comply with and be bound by these Terms of Use (the "Terms of Use"). In order to use the Amulaire Website, you must be at least eighteen (18) years old. If you do not agree with the Terms of Use, you are not authorized to use the Amulaire Website and may not access or use it. Amulaire may revise and update the Terms of Use at any time. The most recent effective date of our Terms of Use is listed at the top of this page. Please periodically link to and review these Terms of Use, because your continued usage of the Amulaire Website indicates your agreement with any updated terms.

A. Proprietary Rights.

We have invested a significant amount of time, effort, and resources in the creation of the Amulaire Website. You understand and agree that Amulaire and/or its licensors retain all right, title, and interest in (including all copyrights, patents, service marks, trademarks, trade secrets and other intellectual property rights) and to all content, including without limitation, any and all text, data, graphics, images, sound, products, programs and other information provided on or to the Amulaire Website, whether by Amulaire or users and whether in print, machine-readable, visual or audible form, (altogether, "Amulaire Content"). The Amulaire Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted by the foregoing license. All trademarks are owned or licensed by Amulaire. You shall not remove, alter or obscure any such notices on any printouts, screen displays or copies thereof. You shall not add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof.

B. Separate or Additional Terms.

Notwithstanding anything contained in the foregoing paragraph, certain Amulaire Content (such as downloadable software and documentation) may be subject to separate or additional terms or conditions of use as stated either on the Amulaire Website or in such Amulaire Content. You agree to comply with such terms and conditions with respect to your use of those Amulaire Content.

C. Feedback.

Amulaire will treat any questions, comments, data, materials or the like other than personally identifiable information (collectively, the "Feedback") sent to Amulaire as non-confidential and non-proprietary information. Amulaire shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that Amulaire shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that Amulaire shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.

D. Personally Identifiable Information.

By submitting your name, company, email address, classification, and any other personally identifiable information to us through the Amulaire Website, you hereby grant to Amulaire a royalty-free license to use and disclose this information in accordance with Amulaire's Privacy Policy. Please review Amulaire's Privacy Policy before submitting any personally identifiably information to Amulaire. You also grant to Amulaire a royalty-free license to use and disclose such information in connection with periodic mailings to you about Amulaire's products, services, and news (the "Mailings"). These Terms of Use shall apply to all such Mailings.

E. Indemnity.

The Amulaire Website is being provided by Amulaire to you as a free service. You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use; (ii) your use of the Amulaire Website, and/or (iii) any authorized disclosure (including, without limitation, your authorization that Amulaire disclose your personal information and credentials to our human resources department). You agree to hold Amulaire and Amulaire's directors, officers, employees, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys' fees and expenses relating to any claim arising out or resulting from your access to the Amulaire Website or your use, disclosure or authorization for Amulaire to disclose any data or content thereon.

F. No Warranty.

You acknowledge that the services are provided "AS IS", "AS-AVAILABLE" and "WITH ALL FAULTS." Amulaire, its employees, subsidiaries and affiliates make no warranty as to the Amulaire Website and the entire risk is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMULAIRE, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

G. Exclusion of Damages; Limitation on Liability.

IN NO EVENT SHALL AMULAIRE, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF AMULAIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF AMULAIRE, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

H. General Provisions.

Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of the Terms of Use without the prior written consent of Amulaire, which may be withheld at its sole and absolute discretion. Amulaire may assign the Terms of Use in whole or in part.
Choice of Law. The Terms of Use shall be governed by the laws of the State of California as such laws are applied to contracts executed in and to be performed entirely within California by California residents. This means that California law will be applied to the interpretation of the Terms of Use even for non-California residents.
Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to the Terms of Use, or otherwise involving any party hereto, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice in San Diego, California. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction.
Entire Agreement; Amendments. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Amulaire with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, Amulaire may amend the Terms of Use without prior notice to you. Amulaire may revise the Terms of Use from time to time. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision of the Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

I. Contact.

If you have any questions about the foregoing, please contact Amulaire at the following email address: kenk@amulaire.com or mail us a letter to us at:

Amulaire Thermal Technology
11555 Sorrento Valley Road, Suite 201
San Diego, CA 92121