Security Gateway Manual SG-3100
1.6.10 Applicable Law
By using any Products/Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of
the state of Texas, without regard to principles of conflict of laws, will govern these terms and conditions of use and
any dispute of any sort that might arise between you and RCL and/or ESF. Any claim or cause of action concerning
these terms and conditions or use of the RCL and/or ESF website must be brought within one (1) year after the claim
or cause of action arises. Exclusive jurisdiction and venue for any dispute or claim arising out of or relating to the
parties’ relationship, these terms and conditions, or the RCL and/or ESF website, shall be with the arbitrator and/or
courts located in Austin, Texas. The judgment of the arbitrator may be enforced by the courts located in Austin, Texas,
or any other court having jurisdiction over you.
1.6.11 Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on our websites. These policies also govern your
use of Products/Services. We reserve the right to make changes to our site, policies, service terms, and these terms
and conditions of use at any time.
1.6.12 Miscellaneous
If any provision of these terms and conditions of use, or our terms and conditions of sale, are held to be invalid, void
or unenforceable, the invalid, void or unenforceable provision shall be modified to the minimum extent necessary in
order to render it valid or enforceable and in keeping with the intent of these terms and conditions. If such modification
is not possible, the invalid or unenforceable provision shall be severed, and the remaining terms and conditions shall
be enforced as written. Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding
and agreement between us with respect to the subject matter hereof, and supersede any prior oral or written agreement
pertaining thereto, except as noted above with respect to any conflict between these terms and conditions and our
reseller agreement, if the latter is applicable to you.
1.6.13 Limited Warranty
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRODUCTS/SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUD-
ING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE PRODUCTS/SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BA-
SIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCTS/SERVICES, OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTS/SERVICES, UN-
LESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PROD-
UCTS/SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RUBICON COMMUNICATIONS, LLC (RCL)
AND ELECTRIC SHEEP FENCING (ESF) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUD-
ING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE. RCL AND ESF DO NOT WARRANT THAT THE PRODUCTS/SERVICES, INFORMA-
TION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTS/SERVICES, RCL’S OR ESF’S
SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RCL OR ESF ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. RCL AND ESF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
© Copyright 2022 Rubicon Communications LLC 23
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