Terms of Use

Acceptance of the Agreement

These Terms of Use (the “Agreement”) are entered into by and between you and SigmaWiFi, LLC (“Company, “we,” “us,” “our”). This Agreement governs your access to and use of Sigmawifi.com (“Website”), and the Sigmawifi Service Portal (“Portal”), including any content, functionality, and services offered to you on or through the Website and the Portal, whether as a guest or a registered user (“Website” and the “Portal” are collectively referred to as “Sigma Platforms”).

Please read this Agreement carefully before you start to use the Sigma Platforms. By using the Sigma Platforms, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, found at https://www.sigmawifi.com/privacy-policy, incorporated herein by reference. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Sigma Platforms.

The Sigma Platforms is not offered and intended for use by individuals who are minors in the jurisdiction where they reside. By using the Sigma Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sigma Platforms.

Changes to the Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sigma Platforms thereafter.

Your continued use of the Sigma Platforms following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Sigma Platforms

We reserve the right to withdraw or amend the Sigma Platforms, and any service or material we provide on the Sigma Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sigma Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sigma Platforms, or the entire Sigma Platforms, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Sigma Platforms.
• Ensuring that all persons who access the Sigma Platforms through your internet connection are aware of this Agreement and comply with them.

To access the Sigma Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sigma Platforms that all such registration information you provide on the Sigma Platforms is correct, current, and complete. You agree that all information you provide to register with the Sigma Platforms or otherwise is governed by our Privacy Policy [insert hyperlink], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sigma Platforms or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Intellectual Property Rights

The Sigma Platforms and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Sigma Platforms for your personal, non-commercial use, or in your professional capacity, as permitted by the Company’s contractual relationship with your employer or organization (“Services Contract”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Sigma Platforms, except as follows:

• In the event your use of the Sigma Platforms is governed by a Services Contract, the Company’s rights to the images, text, information, materials, content, and media you upload to the Sigma Platforms on behalf of your employer (collectively, the “Platform Media”) are limited per the terms of the Services Contract.
• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download a reasonable number of pages of the Sigma Platforms for (a) your own personal, non-commercial use and not for further reproduction, publication, or distribution, and (b) purposes related to your professional capacity, provided that such use is permitted by a Services Contract.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use or to assist your professional responsibilities as permitted by a Services Contract.

You must not:

• Modify copies of any materials from this site, except as otherwise permitted by a Services Contract.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, except as otherwise permitted by a Services Contract.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sigma Platforms, except as otherwise permitted by a Services Contract.

Except as stated otherwise in this Agreement, no right, title, or interest in or to the Sigma Platforms or any content on the Sigma Platforms is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sigma Platforms not expressly permitted by this Agreement or any other agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Sigma Platforms are the trademarks of their respective owners.

Prohibited Uses

You may use the Sigma Platforms only for lawful purposes and in accordance with this Agreement. You agree not to use the Sigma Platforms:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms of this Agreement and the Services Contract.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sigma Platforms, or which, as determined by us, may harm the Company or users of the Sigma Platforms, or expose them to liability.

Additionally, you agree not to:

• Use the Sigma Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sigma Platforms, including their ability to engage in real time activities through the Sigma Platforms.
• Use any robot, spider, or other automatic device, process, or means to access the Sigma Platforms for any purpose, including monitoring or copying any of the material on the Sigma Platforms.
• Use any manual process to monitor or copy any of the material on the Sigma Platforms, or for any other purpose not expressly authorized in this Agreement, without our prior written consent, with the exception of the Platform Media that you or someone else from your employer or organization upload to the Sigma Platforms, consistent with the terms of the Services Contract.
• Use any device, software, or routine that interferes with the proper working of the Sigma Platforms.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sigma Platforms, the server on which the Sigma Platforms are stored, or any server, computer, or database connected to the Sigma Platforms.
• Attack the Sigma Platforms via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sigma Platforms.

Monitoring, Enforcement, Termination

We have the right to:

• Terminate or suspend your access to all or part of the Sigma Platforms for any or no reason, including without limitation, any violation of this Agreement or the Services Contract.
• Remove any Platform Media for violations of the Platform Media Standards or the terms of this Agreement.
• Take any action with respect to Platform Media that we deem necessary or appropriate in our sole discretion, including if we believe that such Platform Media violates the terms of this Agreement, including the Platform Media Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sigma Platforms or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that Platform Media uploaded by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform Media.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone uploading Platform Media to the Sigma Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all Platform Media before it is uploaded to the Sigma Platforms, and cannot ensure prompt removal of objectionable material after it has been uploaded. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Platform Media Standards

These content standards apply to any and all Platform Media and use of the Sigma Platforms. Platform Media must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Platform Media must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement, the Services Contract, and our Privacy Policy https://www.sigmawifi.com/privacy-policy/
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any Platform Media violates your copyright, please contact us at info@sigmawifi.com.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of the information available at the  Sigma Platforms. Any reliance you placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance place on such materials by you or any other visitor to the Sigma Platforms, or by anyone who may be informed of any of its contents.

Conflict

Your use of the Sigma Platforms shall be governed by the terms of this Agreement, provided, however, that in the event you use the Sigma Platforms pursuant to any other agreement, if there is a conflict between the terms of this Agreement and the agreement, this Agreement shall govern.

Termination

Company may terminate this Agreement, effective on written notice to you, if: (A) you breach any of your obligations under this Agreement, or (B) there is breach under the Services Contract, to the extent relevant.

You may terminate this Agreement, effective on written notice to Company, if Company materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured 30 days after Company has received a written notice of such breach from you.

Either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

Changes to the Sigma Platforms

We may update the contents of the Sigma Platforms from time to time, but such content is not necessarily complete or up-to-date. Any of the material on the Sigma Platforms may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Sigma Platforms

All information we collect on the Sigma Platforms is subject to our Privacy Policy https://www.sigmawifi.com/privacy-policy/. By using the Sigma Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Sigma Platforms

If the Sigma Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sigma Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sigma Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SIGMA PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SIGMA PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SIGMA PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SIGMA PLATFORMS IS AT YOUR OWN RISK. THE SIGMA PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SIGMA PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SIGMA PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SIGMA PLATFORMS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SIGMA PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SIGMA PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SIGMA PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SIGMA PLATFORMS, ANY WEBSITES OR PORTALS LINKED TO IT, ANY CONTENT ON THE SIGMA PLATFORMS OR SUCH OTHER WEBSITES OR PORTALS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S LIABILITY FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SIGMA PLATFORMS, EXCEED, FOR ALL CLAIMS IN THE AGGREGATE, AN AMOUNT EQUAL TO THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDINGS THE DATE GIVING RISE TO THE LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Company shall indemnify, defend, and hold you harmless from and against any and all losses, damages, liabilities, costs (including attorneys’ fees) (“Losses”) incurred by you resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Sigma Platforms, or any use of the Sigma Platforms in accordance with this Agreement, infringes or misappropriates such third party’s US intellectual property rights, provided that you promptly notify Company in writing of the claim, cooperate with Company, and allow Company sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agrees to permit Company, at Company’s sole discretion, to (A) modify or replace the Sigma Platforms, or component or part thereof, to make it non-infringing, or (B) obtain the right for you to continue use. If Company determines that neither alternative is reasonably available, Company may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice. This section will not apply to the extent that the alleged infringement arises from: (A) use of the Sigma Platforms in combination with data, software, hardware, equipment, or technology not provided by Company or authorized by Company in writing; or (B) modifications to the Sigma Platforms not made by Company.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Sigma Platforms, including, but not limited to, the Platform Media you have uploaded, any use of the Sigma Platforms content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Sigma Platforms.

Your Obligations Pursuant to Data Privacy Laws

You shall comply with all Data Privacy Laws (as the term is defined in the Privacy Policy) governing processing of Personal Information (PI), including but not limited to: (1) making all disclosures required by Data Privacy Laws of Company’s processing of PI related to the Sigma Platforms; (2) obtaining all consents required by all Data Privacy Laws for processing of PI by you and Company; (3) notifying relevant parties, including government agencies and individuals, in the event of any Breach (as the term is defined below) by you or Company; and (4) responding to and acting on all consumer and individual requests to enforce rights under Data Privacy laws. “Personal Information” means information that Company receives from you, or creates or acquires on your behalf, that relates to an identified or identifiable natural person.

California

Company is a “service provider”, you are a “business”, and Company receives PI from you for a “business purpose,” as those terms are defined in the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”). Company is prohibited from (a) selling or sharing PI, except with your consent, (b) retaining, using, or disclosing PI outside of the direct business relationship between you and Company, and (c) combining PI that Company receives from you or on your behalf, provided that Company may combine PI to perform any business purpose as defined in regulations adopted pursuant to the CCPA and CPRA, except as prohibited in regulations adopted by the California Privacy Protection Agency. 

Governing Law and Jurisdiction

All matters relating to the Sigma Platforms and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New Hampshire without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to this Agreement or the Sigma Platforms shall be instituted exclusively in the federal courts of the United States or the courts of New Hampshire, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from this Agreement or use of the Sigma Platforms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying State of New Hampshire law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SIGMA PLATFORMS MUST BE COMMENCED WITHIN THE EARLIER OF (A) ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND (B) THE STATUTE OF LIMITATIONS FOR SUCH CAUSE OF ACTION; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Entire Agreement

The Agreement, and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Sigma Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sigma Platforms.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to info@sigmawifi.com.

All other feedback, comments, requests for technical support, and other communications relating to the Sigma Platforms should be directed to: info@sigmawifi.com.