Website Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Terms of Use
Whaleback Systems and its affiliates (“Whaleback”) make available information and other materials on this Web site ("Materials"), subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. Whaleback reserves the right to change these terms and conditions from time to time at its sole discretion by updating this posting. You should visit this page from time to time to review the then-current terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.
 

Ownership of Materials
The information on this Web site are protected by worldwide copyright laws and treaty provisions:

Copyright © 2011 Whaleback Systems.  All Rights Reserved.

Except as specifically permitted herein, no Materials on this Web site may be reproduced in any form or by any means without the prior written permission from Whaleback.

Trademark Information
The trademarks, logos and service marks (“Marks”) displayed on this Web site are the property of Whaleback or other third parties. You are not permitted to use the Marks without the prior written consent of Whaleback or such third party which may own the Marks. Whaleback and the Whaleback logo are trademarks of Whaleback.
 

Use of Web Site Materials
Except where otherwise stated on particular pages of this Web site, you may view, copy, and print Materials available on this Web site subject to the following conditions:
1. The Materials may be used solely for personal, informational, non-commercial purposes;
2. The Materials may not be modified or altered in any way;
3. Any copy of the Materials or portion thereof must include the copyright and any other proprietary notices which accompany or are contained within the Materials. If such Materials or portion thereof are not accompanied by a copyright notice you must include the copyright notice set out above (see "Ownership of Materials"); and
4. Whaleback reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Whaleback.
Materials specified above do not include the design or layout of this Web site. The design and layout of this Web site are protected by copyright, trade-mark, trade dress and other laws and may not be copied or imitated in whole or in part.
This website may contain sections that restrict access to individuals that have been granted a user ID and/or password by Whaleback. Unless specifically stated otherwise, such user IDs and passwords, and the Materials accessed through use of such user IDs and passwords are for personal use only and may not be disclosed to any other person. Whaleback reserves the right to revoke any user IDs and passwords, and any rights or privileges associated with them, at its sole discretion.

Warranties, Disclaimers, Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND WHALEBACK, ALL MATERIAL ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WHALEBACK ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL WHALEBACK, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, INCLUDING TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WHALEBACK, IT’S AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES DRAGONWAVE MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. WHALEBACK MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.
ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. WHALEBACK DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.
THIS WEBSITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO WHALEBACK PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT DRAGONWAVE INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN YOUR COUNTRY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
 

Links to Third-Party Web Sites
This Web site contains links to third-party Web sites, which are not under the control of Whaleback. Whaleback makes no representations whatsoever about any other Web site to which you may have access through this Web site. When you access a non-Whaleback Web site, you do so at your own risk and Whaleback is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Whaleback provides these links merely as a convenience and the inclusion of such links does not imply that Whaleback endorses or accepts any responsibility for the content or uses of such Web sites.
 

Governing Law and Jurisdiction
This Web site (excluding linked sites) is controlled by Whaleback from its offices in Portsmouth, NH. By accessing this Web site, you and Whaleback agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the United States, without regard to the conflicts of laws principles thereof. You and Whaleback also agree and hereby submit to the personal jurisdiction and venue of the courts of United States with respect to such matters. Whaleback makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
 

Severability
If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the agreement and the other provisions and the remaining part thereof of that provision shall remain in full force and effect.
 

Benefit of Agreement
These Terms of Use are binding upon and shall ensure to the benefit of Whaleback and its subsidiaries, and affiliates and their respective successors and permitted assigns