Terms and Conditions

    Welcome to widetag.com, the website of Widetag, Inc., an innovative company in the internet of things (“Widetag” or “we”).

    By accessing this website, you represent and warrant that you have read, understood, and agree (1) to be bound by the following General Terms & Conditions (“T&Cs”); (2) that you have the right, authority, and capacity to abide by these T&Cs; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.

    1. Access and Use of Website

    1. You must be at least thirteen (13) years old, or at least the minimum legal age in the jurisdiction from which you are viewing our website, in order to view and use the Widetag.com website.
    2. You cannot access or use the Widetag.com website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
    3. You must not modify, adapt, or hack into Widetag.com or modify another website so as to falsely imply that it is associated with Widetag.com.
    4. You must not transmit any worms or viruses or any code of a destructive nature.
    5. You must not violate any laws in your jurisdiction (including but not limited to copyright laws).

    2. Ownership, Proprietary Information, and Intellectual Property

    1. Except as otherwise noted, all information and materials that appear as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, names, and written and collectively defined as the “Intellectual Property”) are the property of Widetag. The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable.
    2. Except for that information which is in the public domain or for which you have been given written permission to use by Widetag, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.
    3. Use of any of our trademarks as metatags on other websites is also strictly prohibited. You may not display this website in frames (or any of the content via in-line links) without our express written permission. You shall not use any automatic or manual device, process, software, program, algorithm, methodology, or routine, including, but not limited to, a robot, spider, site search/retrieval application, or other similar process, to retrieve, index, “data mine,” or in any way reproduce, interfere with, or circumvent the navigational structure, presentation, or operation of the website, its contents, or the website as a whole.

    3. DISCLAIMER OF WARRANTIES

    YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. WIDETAG CANNOT BE RESPONSIBLE FOR THE CONTENT AND THE ACCURACY OF CONTENT POSTED ON ITS WEBSITE. VIEWS EXPRESSED BY USERS ARE THE VIEWS OF THE USERS AND NOT THE VIEWS OF WIDETAG. BY ACCESSING WIDETAG.COM YOU ACKNOWLEDGE AND AGREE TO VIEW SUCH CONTENT.

    ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. WIDETAG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIDETAG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WIDETAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WIDETAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. ANY CONTENT OR INFORMATION THAT YOU MAY SUBMIT WILL BE SUBMITTED IN YOUR SOLE DISCRETION.

    WIDETAG IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE, INCLUDING NEGLIGENT ERRORS.

    OUR SERVICES MAY RELY ON THIRD PARTY PROVIDERS FOR MAPPING AND LOCATION POSITIONING SERVICES. WE DISCLAIM ANY LIABILITY IN CONNECTION WITH THE ACCURACY OR PUBLICATION OF INFORMATION THAT SUCH SERVICES PROVIDE THROUGH OUR WEBSITE.

    OUR APPLICATIONS RELY ON PRODUCTS AND SERVICES PROVIDED BY THIRD PARTY TELEPHONE CARRIERS, DEVICE MANUFACTURES, AND SOFTWARE PROVIDERS. Information that OUR APPLICATIONS PROVIDE IN CONNECTION WITH THE MEASUREMENT OF AMBIENT DATA, SUCH AS NOISE LEVELS, MAY BE APPROXIMATE AND/OR NOT ACCURATE. We disclaim any liability in connection with the accuracy or publication of any such information.

    TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES.

    4. LIMITATIONS ON LIABILITY

    IN NO EVENT SHALL WIDETAG, ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE WIDETAG.COM AND ITS CONTENTS, BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) DAMAGES FROM YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF WIDETAG.COM; (III) DAMAGES FROM UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) DAMAGES FROM THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) DAMAGES FROM ERRORS OR INACCURACIES CONTAINED ON WIDETAG.COM OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH WIDETAG.COM; (VI) DAMAGES RESULTING FROM ANY TRANSACTIONS, USER AGREEMENTS, OR RELATIONSHIPS ENTERED INTO THROUGH WIDETAG.COM; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS WEBSITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF WIDETAG.COM . THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WIDETAG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    5. Indemnification

    You agree to indemnify, defend, and hold harmless Widetag, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these T&Cs, or any warranty you provide herein, or otherwise arising in any way out of your access or use of Widetag.com. Widetag reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Widetag in asserting any available defenses.

    6. International Use/United States Export Controls

    This website is accessible worldwide. Accessing materials on this website by certain persons in certain countries may not be lawful, and Widetag makes no representation that materials on this website are appropriate or available for use in locations outside the United States. If you choose to access this website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. By using this website and submitting any personal information, visitors waive any claims that may arise under any such other laws.

    No software or any other materials associated with this website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the United States Treasury Department list of Specially Designated Nationals and Blocked Persons or the United States Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from Widetag.com, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

    7. Miscellaneous

    We reserve the right to modify or terminate this website or suspend public access for any reason, without notice, at any time.

    We reserve the right to alter these T&Cs at any time. What constitutes a “material change” will be determined in our sole discretion, in good faith, and using common sense and reasonable judgment.

    Violation of any provision under these T&Cs may result in the termination of your access to this website and its services.

    By visiting this website you submit to the exclusive jurisdiction of the federal laws of the United States of America and the laws of the State of California with venue in San Francisco. Widetag makes no representation that this website is governed by or operated in accordance with the laws of any other nations. Widetag nonetheless reserves the right to take legal proceedings in countries other than the United States, to protect its interests or to enforce its rights whenever it deems it appropriate to do so. The prevailing party shall be entitled to reasonable attorney’s fees.

    Effective as of December 1st, 2009

    Last Updated on February 3rd, 2009