Terms & Conditions
The following Terms and Conditions govern your use of the Sendmail.com website and the materials accessible on or from the website. Please read them carefully before using the website. By using Sendmail's website, you agree to and accept these Terms and Conditions. If you do not agree with these Terms and Conditions, you should not use the Sendmail website.
Nature of Information
The information on this website is provided solely for general illustrative and instructional purposes only, and does not create a business or professional services relationship. Business practice, business challenges, technology, laws and regulations vary by country and change from time to time, and compliance with such standards depends on the particular circumstances. Any reliance on the information in this website is solely at the user's own risk. This website contains links to servers maintained by other organizations. Sendmail cannot and does not provide any warranty about the accuracy or source of information found on any of these servers or the content of any file that you might choose to download from a third party website. Sendmail assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, user's computer or other property on account of user's access to, use of, or browsing in the website or user's downloading of any materials, data, text, images, video, or audio from the website.
Documents
Any documents on the Sendmail website (e.g., white papers, press releases, data sheets, product descriptions, technical support information and FAQs), are the copyrighted work of Sendmail and/or its suppliers and are protected under U.S. and worldwide copyright, trademark and other laws and treaty provisions. Sendmail grants you a limited license to copy and use such documents so long as each copy (i) is solely for informational, internal, non-commercial use in support of Sendmail products, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. Documents do not include (a) the design or layout of this website or (b) any materials (e.g., software) which are governed by license terms separate from these Terms and Conditions. Sendmail may terminate this license at any time if you are in breach of its terms.
Trademarks
Sendmail, the Sendmail logo, Mailstream, Sentrion, Ecosys, Switch and other names and product names are trademarks or registered trademarks of Sendmail, Inc. Sendmail trademarks may be used only with written permission from Sendmail and proper acknowledgement. All other trademarks, brands, and names are the property of their respective owners. All Rights Reserved. Except as expressly granted in these Terms and Conditions (or to you specifically in writing), Sendmail and its licensors do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Disclaimer of Warranties
THE MATERIALS ACCESSIBLE FROM OR ON THIS WEBSITE ARE PROVIDED "AS IS," AND SENDMAIL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. Although Sendmail has attempted to provide accurate information on this website as a service to its users, Sendmail assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Sendmail is not obligated to update any information. Sendmail may change the programs or products mentioned at any time without notice. Mention of non-Sendmail products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, SENDMAIL EXCLUDES FOR ITSELF, ITS SUBSIDIARIES AND ITS LICENSORS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS WEBSITE AND THE MATERIALS AND PRODUCTS ACCESSIBLE ON OR FROM THE WEBSITE, EVEN IF SENDMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to Consumers
Some countries or states do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
This website is operated by Sendmail in the United States. Sendmail makes no representation that the contents of this website are appropriate or legal for use in any other location. If you choose to access this website, you are responsible for complying with all local laws. Export of any material from the Sendmail website outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. Any claims relating to the materials or the website will be governed by California law.
Revisions to Terms and Conditions
Sendmail reserves the right to modify or amend this Disclaimer at any time and for any reason. Any changes to this Disclaimer posted on the Website apply as soon as they are posted. By continuing to use the website after any changes are posted, you acknowledge acceptance of those changes.
Governing Law
This contract shall be governed by the laws of California (except as pertaining to conflicts of law), excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Alameda, California, for all claims arising out of or relating to this contract.
General Legal Provisions
You agree to comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire contract between Sendmail and you. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. Sendmail may change these Terms and Conditions at any time by updated this posting.