Last Updated: 2023-05-22
Welcome to Sigma’s website (the “Site”). Please read these Website Terms of Service (“Terms of Service”) carefully, they are a binding agreement between you and Sigma Computing, Inc., (“Sigma”, “we”, “us” or “our”). In these Terms of Service, the words "you" and "your" refer to each Site visitor. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE, YOU REPRESENT THAT: (I) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE, (II) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SIGMA, AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
It is your responsibility to review these Terms of Service periodically. If at any time you find these Terms of Service unacceptable, or if you do not agree to these Terms of Service, please do not use this Site. We may revise these Terms of Service at any time, without notice to you, by posting a new version of these Terms of Service to the Site. By continuing to use or log in to the Site after these Terms of Service have changed, you indicate your agreement to the changes. If you do not agree to the changes, you must stop using or logging in to the Site.
These Terms of Service do not apply to Sigma’s online services and support services, which are subject to applicable agreements between Sigma and our customers. Sigma’s services are provided by Sigma subject to a separate manually or digitally executed agreement.
Please also review our Privacy Policy, which is incorporated herein by reference.
The Site is protected by copyright, trademark, and other applicable laws; all intellectual property rights are reserved by Sigma. No license or other rights are granted except as expressly stated in these Terms of Service. You may not remove, alter, or obscure any proprietary notices on the Site.
The Site may have links to other websites owned or operated by third-parties and outside of Sigma’s control. These third-party sites may have different terms of use and privacy policies. Sigma is not responsible for the activity or content on such third-party sites. The provision of any link does not imply Sigma’s endorsement of the website and is provided only as a convenience.
You may use the Site solely for informational and noncommercial purposes. Unless expressly permitted by Sigma in writing or as otherwise permitted by law, you may not sell, resell, rent, sublicense, copy, publish, display, distribute, modify, link to, or make derivative works of any content on the Site. You may not scrape or otherwise use any information, content, or material on the Site. You also may not create frames around the Site pages or use other techniques that alter in any way the visual presentation or appearance of the Site. Using the Site does not give you ownership of any intellectual property rights to any content you access.
You may not use the Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any features on the Site.
When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email, chat, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating a user account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
If we determine, in our sole discretion, that you have acted inappropriately, we reserve the right to prohibit you from using the Site and, if we deem necessary, take appropriate legal actions.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER SIGMA NOR ITS AGENTS OR SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SITE AND WE PROVIDE THE SITE “AS IS”. WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTION OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS AND IMPLIED.
SIGMA IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE, USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF SIGMA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND
REGARDLESS OF WHETHER ANY REMEDIES IN THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE. IN THE EVENT THAT THIS LIMITATION IS SUPERSEDED BY APPLICABLE LAW, THE MAXIMUM AMOUNT OF DAMAGES YOU MAY OBTAIN AGAINST SIGMA SHALL BE LIMITED TO $100.00 USD.
These Terms of Service and the PRIVACY POLICY constitute the entire legal agreement between you and Sigma with respect to Sigma’s Site. Sigma reserves all rights not expressly granted under these Terms of Service. Sigma reserves the right to stop providing or modify the Site at any time and without notice. If you do not comply with these Terms of Service, and we don’t take immediate action, this does not mean your actions are permissible, or that we are giving up any rights that we may have (such as taking action in the future). These Terms of Service are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service will be in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If a particular provision in these Terms of Service is not enforceable, that will not affect any other provision. If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the remaining provisions will be unaffected. There are no third-party beneficiary rights under these Terms of Service.
Sigma is committed to respecting and protecting the legal rights of copyright owners. As such, Sigma adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the content or materials on the Site infringe upon your intellectual property rights, please submit a notification notifying us of such infringement (hereafter a “DMCA Takedown Notice”). Your DMCA Takedown Notice must be sent to legal@sigmacomputing.com and include (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that the materials on our Site are infringing; (b) identification of the copyrighted work claimed to have been infringed; (c) your contact information; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(d) a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If you have any questions or complaints about these Terms of Use or the Privacy Policy, please contact us via email at legal@sigmacomputing.com.
Sigma Computing is located at:
116 New Montgomery St #700
San Francisco, CA 94105