The Web Site located at www.tippingpoint.com is the property of TippingPoint, (collectively, "TippingPoint"). Designated trademarks and brands are the property of their respective owners. By accessing, browsing and/or using this Web Site and the information offered thereon (collectively, the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use (the "Terms"). If you do not agree with these Terms, do not use this Site. TippingPoint reserves the right to revise, amend or modify these Terms at any time and in any manner at our sole discretion. Notice of any revision, amendment or modification of these Terms will be posted in this section of our Web site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications.

1. Use of Site

The Site is accessible to you through a personal computer, or other access device, at www.tippingpoint.com using a communications connection (e.g., modem and telephone line). At the Site, you will be provided with certain information and content about TippingPoint, subject to the terms hereof. TippingPoint may, in its sole discretion, discontinue or alter any aspect of the Site. You are responsible for all charges (e.g., telephone) and equipment (e.g., computer) associated with connecting to the Site.

2. Copyright

This Site is owned and operated by TippingPoint and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by TippingPoint and other sources, and is protected by copyright, trademark, and other applicable laws. All material included on this Site, including any text, graphics, logos, button icons, images, audio clips and software (the "Material"), is the sole property of TippingPoint or designated third parties, and is protected by U.S. and international copyright laws. None of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TippingPoint or designated third parties. TippingPoint hereby grants you a personal, nontransferable and nonexclusive license to display, distribute and download the Material on this site for personal, non-commercial use only, provided that you do not modify the Material and that you retain all copyright and other proprietary notices contained in the Material. You also may not, without TippingPoint's permission, "mirror" any Material contained on the Site on any other server. The licenses granted under these Terms terminate automatically if you breach any term or condition set forth in these Terms. Upon termination of the licenses, you must immediately destroy any downloaded or printed Material. Any unauthorized use of any Material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3. Special Rule Regarding International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

4. Trademarks

The trademarks, logos and service marks displayed on this Web site are the property of TippingPoint. Use or other exploitation of these trademarks, logos and service marks is not permitted without the prior written consent of TippingPoint. TippingPoint, Digital Vaccine and all associated logos are trademarks of TippingPoint Technologies, Inc. All rights are reserved. All other product names may be trademarks or registered trademarks of their respective owners.

5. Links to Third Party Web Sites

The Site may provide access to third party Web sites that are not owned, managed, or maintained by TippingPoint. TippingPoint has no control over the content or privacy policies of those third party Web sites and is not responsible for the accuracy or reliability of any information made on those sites. In addition, TippingPoint is not responsible for any third party's failure to establish or abide by its privacy policy. The inclusion on the Site of any reference to any third parties or third party Web site links should not be considered as an approval or endorsement by TippingPoint.

6. Submissions

TippingPoint is pleased to hear from users, and welcomes your comments and suggestions regarding TippingPoint. Please understand, however, that any creative ideas, suggestions, or materials (collectively, "Comments") that you submit to TippingPoint shall be deemed, and shall remain, the property of TippingPoint. You represent and warrant that: (i) you are authorized to grant all rights in the Comments to TippingPoint, and (ii) the Comments do not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Disclosure, submission, or offer of any Comments shall constitute an assignment to TippingPoint of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. TippingPoint may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to TippingPoint and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. TippingPoint is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.

7. E-mail Inquiries

In response to on-line inquiries, TippingPoint will use the return e-mail address to respond to the e-mail inquiry and will not share the return e-mail address with any third party.

8. Privacy Policy Statement

TippingPoint uses pixels, or transparent GIF files, to help manage online advertising on certain pages located on www.tippingpoint.com. These GIF files are provided by our ad management partner, DoubleClick. These files enable DoubleClick to recognize a unique cookie on your Web browser, which in turn enables us to learn which advertisements bring users to our Web site. The cookie was placed by us, or by another advertiser who works with DoubleClick. With both cookies and Spotlight technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or e-mail address. For more information about DoubleClick, including information about how to opt out of these technologies, go to http://www.doubleclick.net/us/corporate/privacy

9. Indemnification

You agree to indemnify, defend, and hold TippingPoint and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any of them in connection with your use or alleged use of the Site, including claims arising from: (i) any material provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, or that defames any person or violates their rights or publicity or privacy; or (ii) any non-compliance by you with these Terms. TippingPoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TippingPoint's defense of such claim.

10. Disclaimer of Warranties

TIPPINGPOINT MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES TIPPINGPOINT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE IS MADE AVAILABLE ON AN "AS IS, AS AVAILABLE" BASIS. TIPPINGPOINT MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY MATERIAL, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ANY CONTENT IS ASSUMED SOLELY BY YOU.

11. Limitation of Liability

TIPPINGPOINT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, WHETHER DUE TO INTERRUPTION OF THE SITE OR OTHERWISE EVEN IF TIPPINGPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TIPPINGPOINT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. General Terms

These Terms shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of the Supreme Court of the State of Texas or United States District Court for the Western District of Texas regarding any and all disputes relating to these Terms or your use of the Site. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms are material terms of and that they have been taken into account in the decision by TippingPoint to provide the Site hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of TippingPoint. Any assignment of the foregoing other than as provided for in this Section shall be null and void. If any provision of these Terms is illegal, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms, will be enforced to the fullest extent allowed by law as to effect the intention of the parties, and will not affect the validity and enforceability of any remaining provisions. These Terms and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site. The titles and subtitles used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

13. For Additional Information

If you have any questions about this Web site's Terms of Use or Legal Notices, please contact us at legal@tippingpoint.com