Terms of Use

Terms of Use

Welcome to the ScaleMatrix website.   By accessing, browsing or using our website, you agree to be bound by the following Terms of Use (“Terms”).   From time to time, we may modify our Terms of Use, and you agree to accept and be bound by any such modifications.    Adherence to all laws, rules, and regulations applicable to use of specific Service Offerings, including the Acceptable Use and Privacy policies is required.   

Intellectual Property

All contents of the ScaleMatrix website, including text, images, graphics and iconography is the copyrighted work of ScaleMatrix.  Except with prior written authorized from ScaleMatrix, the Materials may not be copied, reproduced, or distributed in any form or by any means.  Portions of the site contain content which is protected by trademark.  

Submissions

Except as otherwise set forth in the ScaleMatrix Privacy Policy, materials or information transmitted or posted to this website will be considered non-confidential and non-proprietary.  

Third Party Websites

Links to third party websites are provided solely as a convenience.  ScaleMatrix makes no endorsements or representations about these third party websites or their content.  Accessing any of the third party websites linked to this website will be entirely at your own risk.

Linking to ScaleMatrix Website

Requests for hyperlinks to the ScaleMatrix website may be directed to the ScaleMatrix marketing department.   Prior approval must be granted in writing before links may be deployed.  

Disclaimer of Warranties

Use of and access to the ScaleMatrix website is at your sole risk.  The ScaleMatrix website is provided for informational purposes only on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose.  ScaleMatrix makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the materials herein contained.  

Indemnification

By using this website, you agree to indemnify, defend, and hold harmless ScaleMatrix against all claims, losses, expenses, damages and costs resulting from any breach of the Terms of Use as defined here. 

General

These Terms shall be subject to and construed in accordance with the laws of the State of California. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in San Diego County, California, in all disputes arising out of or relating to these Terms of Use.  If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall remain in effect.