Legal Notice and Terms and Conditions of Use

This Web site (“site”) and its contents are the property of Phonetics, Inc. d.b.a. Sensaphone (“Sensaphone”), unless otherwise noted on any particular web page's content. US copyright and trademark law protects this site and its contents. By accessing and using this site, you agree to the following terms and conditions of use. If you do not agree, you may not have any right to access or utilize the materials and information on this site.

Please check this Agreement periodically for changes as Sensaphone reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. Sensaphone reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User.

If you are using this site, then you are doing so in connection with the Customer Service Agreement and Terms of Use between you and Sensaphone. Under that Agreement, among other things, you have received and agreed in writing to the terms, conditions, licenses, warranties, limitations of warranty and/or damages and/or notices which set forth your agreement with Sensaphone governing your use of any such product or services provided therein, and which may further provide some terms and conditions of agreement on your use of this web site. If you have not executed and agreed to a Customer Service Agreement and Terms of Use with Sensaphone, then you should not proceed with use of the product or services, nor attempt to use this site. Under such circumstances, any attempt to use or use of this site is unauthorized.

Privacy

Sensaphone is committed to the protection of the privacy of its customers and website visitors. Our website servers do not automatically collect any personal information identifiable to you, any information about your systems, or place or examine cookies. No automatic collection of your e-mail address is made, unless you specifically give it to us.

Cookies are used on our interactive web sites. The term “cookie” refers to the files that are transferred from a web site to your computer's hard drive. The purpose of cookies used on our interactive web site(s) is to enable an authorized user, with proper password and identification or serial number, to use those web sites in connection with a product or service that the user has purchased and been authorized to use. The cookies used on these web sites are tailored to identify authorized users by password and identification to permit authorized use, and to assist in collecting a record of use; but are not used to collect any personal information about the user.

In order to fulfill your requests or provide you with information that you request it will be necessary to ask for certain information such as your name, company name, and address, telephone number or e-mail address. We may use this information to contact you with questions or information about the products or services that you may have requested. We also may use this information in our continuing efforts to keep our customers and friends informed about new and exciting products, services and promotions that we offer, which may include mailings, telephone calls and e-mail mailings.

The information we receive from you is treated with discretion and respect and we have chosen to limit the use of this information for purposes designed to provide you with product and service information that we believe you will find interesting.

We do NOT promote nor participate in the practice of selling our customer lists or customer information to third parties not of our customers, not of our vendors, and not of those who contact Sensaphone for product information.

Copyright

The material on this website is the property of Sensaphone, who is solely responsible for its content. The material this site represents is part of the intellectual property owned by Sensaphone. Except for purposes of research and day-to-day normal use of this website, no part of this website shall be reproduced, in part or whole, for an intent other than which it is intended. Sensaphone's channel partners may utilize content of this website for use in promoting Sensaphone products in their normal course of business as so designated in the Sensaphone Reseller Agreement.

Sensaphone reserves the right to make changes to the web site's content and is not responsible for any inaccuracies or omissions on this website.

Trademarks

Sensaphone is a registered trademark of Phonetics Incorporated.

SAT4D is a registered trademark of Phonetics Incorporated.

Other marks which may be used on this website represent the manufacturer which holds the registration of their respective marks.

Limitation of Warranties and Damages

USE OF THE SITE IS AT THE RISK OF THE USER. SENSAPHONE MAKES NO REPRESENTATIONS OR WARRANTIES: THAT THIS SITE IS FREE OF DEFECTS, VIRUSES, WORMS, TROJAN HORSES, PESTS OR OTHER HARMFUL COMPONENTS; THAT USE OF THE SITE WILL BE UNINTERRUPTED, VIRUSFREE OR ERRORFREE; THAT THIS SITE SHALL BE FROM HACKING OR INFILTRATION; THAT THE PAGES ON THIS SITE WILL BE FREE FROM TECHNICAL INACCURACIES, OUTDATED INFORMATION, AND/OR TYPOGRAPHICAL ERRORS; AND/OR THAT USE OF THE SITE WILL NOT AFFECT OTHER SOFTWARE OR OPERATING SYSTEMS USED TO ACCESS THE SITE.

SENSAPHONE SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND THAT MAY ARISE OUT OF AND/OR RESULT FROM THE HACKING OR INFILTRATION OF THIS SITE, OR SENSAPHONE’S COMPUTER SYSTEMS, OR THE COMPUTER SYSTEMS OF ANY ENTITY ENGAGED OR UTILIZED BY SENSAPHONE IN CONNECTION WITH THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE.

SENSAPHONE SHALL NOT BE RESPONSIBLE FOR AND/OR LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND ARISING FROM OR CONNECTED TO: VIRUSES, DEFECTS, ERRORS, WORMS, TROJAN HORSES, PESTS OR OTHER HARMFUL COMPONENTS OF ANY TYPE, THAT MAY INFECT, AFFECT OR EFFECT YOUR COMPUTER SOFTWARE, HARDWARE OR EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE.

YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF EQUIPMENT, PROPERTY AND/OR DATA USED IN CONNECTION WITH THIS SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND TO HOLD SENSAPHONE HARMLESS FROM, ANY CLAIMS ARISING OUT OF, CONNECTED TO OR BASED UPON THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST DATA; WORK DELAYS; PROPERTY DAMAGE OF ANY KIND; PERSONAL INJURY; AND ANY ACTUAL, ALLEGED OR POTENTIAL DAMAGES ARISING FROM CLAIMS BY ANY THIRD PARTIES; AND INCLUDING BUT NOT LIMITED TO CLAIMS FOR, DIRECT DAMAGES, INCIDENTAL DAMAGES; CONSEQUENTIAL DAMAGES; AND/OR LOST PROFITS, WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE.

EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS YOU AGREE AND COVENANT NOT TO SUE SENSAPHONE FOR ANY CLAIMS ARISING OUT OF, CONNECTED TO OR BASED UPON THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST DATA; WORK DELAYS; PROPERTY DAMAGE OF ANY KIND; PERSONAL INJURY; AND ANY ACTUAL, ALLEGED OR POTENTIAL DAMAGES ARISING FROM CLAIMS BY ANY THIRD PARTIES; AND INCLUDING BUT NOT LIMITED TO CLAIMS FOR, DIRECT DAMAGES, INCIDENTAL DAMAGES; CONSEQUENTIAL DAMAGES; AND/OR LOST PROFITS, WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE.

THIS SITE IS PROVIDED "AS IS." NEITHER SENSAPHONE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MODIFYING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED TO ACCESS TO, OR USE OF, OR THE INABILITY TO GAIN ACCESS TO, OR THE INABILITY TO USE THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, FOR: LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WORK DELAYS; PROPERTY DAMAGE OF ANY KIND, PERSONAL INJURY, AND/OR ANY ACTUAL, ALLEGED OR POTENTIAL DAMAGES TO YOU ARISING FROM CLAIMS BY THIRD PARTIES, EVEN IF SENSAPHONE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SOUGHT IN CONTRACT, BREACH OF WARRANTY TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE CLAIM RAISED AGAINST SENSAPHONE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MODIFYING, OR DELIVERING THE SITE.

WITHOUT LIMITING THE FORGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND/OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

IN THE EVENT THAT IT IS DETERMINED THAT YOU ARE YOU ARE ENTITLED TO ANY REMEDY CONCERNING THE USE OF THIS WEB SITE, THEN YOUR SOLE REMEDY SHALL BE A REFUND OF WHAT YOU HAVE PAID TO SENSAPHONE FOR ITS PRODUCTS AND SERVICES OR $250.00, WHICHEVER IS GREATER.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INDEMNIFICATION TERMS OR LIMITATIONS OF DAMAGES, SO THE ABOVE EXCLUSIONS, LIMITATIONS OR TERMS MAY NOT APPLY TO YOU.

Username and Passwords

If the service or product you are using by agreement with Sensaphone requires or permits you to use Sensaphone’s web site, then you will choose a Password to use the site. You agree to choose a Password not easily guessed by a third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR THE USE OF THE SITE IN CONNECTION WITH YOUR BUSINESS OR OPERATIONS. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD AND ACCOUNT. YOU AGREE TO NOTIFY SENSAPHONE IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD AND ACCOUNT OR ANY OTHER BREACH OF SECURITY. SENSAPHONE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES INCURRED BY SENSAPHONE OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT.

This site (excluding third party linked sites) is controlled by Sensaphone from its offices within the United States. It can be accessed from countries around the world to the extent permitted by site. As each of these places has laws that may differ from the United States, by accessing this site, both you and the Company agree that the statues and laws of the United States shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. Specifically, your Agreement to use this site is governed by the law of the State of Delaware, without regard to the principles of conflicts of law. Any claims based upon a dispute arising out of your use of this web site shall solely be brought in the Court of Common Pleas of Delaware County, Pennsylvania or in the United States District Court for the Eastern District of Pennsylvania. The use of this web site shall not be governed by the Convention for the International Sale of Goods.

All products and services sold by Sensaphone are done so pursuant to written documents which have been provided to purchasers of these products and services, and which govern the terms of the relationship between the purchasers and Sensaphone. Any person or entity using this site in connection with operating a Sensaphone product or using a Sensaphone service must be a party to such agreement(s), the terms of which control the use of such products or services.