Website Terms of Use

Agreement to Terms of Use
These Terms of Use apply to the Mako Networks website located at www.makonetworks.com and all associated sites linked to www.makonetworks.com by Mako Networks, its subsidiaries and affiliates (collectively, the “Site”). BY USING THIS SITE YOU AGREE TO THESE TERMS OF USE IF YOU DO NOT AGREE: DO NOT USE THIS SITE.

Mako Networks reserves the right, at its sole discretion to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Mako Networks grants you the personal, non-exclusive and non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this Site is owned and controlled by Mako Networks and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any other commercial enterprise, without Mako Networks’ express prior written consent.

You may use information on Mako Networks products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Mako Networks for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site
You may not use any “deep-link” , “page-scrape”, “robot”, “spider” or other automatic device, programme, algorithm or methodology, or any similar equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Mako Networks reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Mako Networks server, or to any of the services offered on or through the Site, by hacking, password “mining” or by any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Mako Networks, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, included but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mako Networks’ systems or networks, or any systems or networks connected to the Site or Mako Networks.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mako Networks on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use this Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mako Networks or others.

Trademark Information
Mako Networks is a registered trademark in New Zealand, Australia, USA, European Union and the United Kingdom.

The trademarks, service marks and logos (“the Marks”) displayed on the Site are the property of Mako Networks or other third parties. You are not permitted to display or use the Marks in any manner whatsoever without the prior written consent of Mako Networks or such other third party which may have other rights to the Marks. Proper usage guidelines for the Marks may be linked to from time to time on the Mako Networks home page. If usage guidelines are available, you must strictly adhere to them.

Member account, Password, and Security
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mako Networks immediately of any unauthorised use of your account or any other breach of security. Mako Networks 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 Mako Networks or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Privacy
Mako Networks Privacy Statement applies to use of this Site, and its terms are made part of these Terms of Use by this reference. To view Mako Networks’ Privacy Statement click here.

Links to Third Party Sites
Some links will let you leave the Site. The linked sites are not under the control of Mako Networks and Mako Networks is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Mako Networks is not responsible for webcasting or any other form of transmission received from any linked site. Mako Networks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mako Networks of the site. You will need to make your own independent judgment regarding your interaction with these linked sites.

Disclaimers
MAKO NETWORKS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MAKO NETWORKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MAKO NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKO NETWORKS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MAKO NETWORKS SERVICES. YOU ASSUME TOTAL RESPONSIBILTY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MAKO NETWORKS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay, in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use whether for breach of contract, tort, negligence or any other cause of action.

Mako Networks reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability
Except where prohibited by law, in no event will Mako Networks be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Mako Networks has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold Mako Networks, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including lawyers’ fees), made against Mako Networks by any third party due to or arising out of or in connection with your use of the Site.

Violation of these Terms of Use
Mako Networks may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mako Networks rights or property, or the rights or property of visitors to or users of the Site, including Mako Networks’ customers. Mako Networks reserves the right at all times to disclose any information that Mako Networks deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Mako Networks also may disclose your information when Mako Networks determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud prevention purposes.

You acknowledge and agree that Mako Networks may preserve any transmittal or communication by you with Mako Networks through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Mako Networks determines that such preservation or disclosure is reasonably necessary to (1) to comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Mako Networks, its employees, users of or visitors to the Site, and the public.

You agree that Mako Networks may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Mako Networks determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mako Networks, for which monetary damages would be inadequate, and you consent to Mako Networks obtaining injunctive relief that Mako Networks deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mako Networks may have at law or in equity.

You agree that Mako Networks may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Mako Networks does take any legal action against you as a result of your violation of these Terms of Use, Mako Networks will be entitled to recover from you, and you agree to pay, all reasonable lawyers fees and costs of such action, in addition to any other relief granted to Mako Networks. You agree that Mako Networks will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law
You agree that all matters relating to access to or use of the Site, including all disputes will be governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.