Last Updated: September 29, 2009
I. Description of the Ikanos Website
The Ikanos website provides information relating to our company and the goods and services we sell. The Ikanos website is provided for general reference purposes only. Although Ikanos tries to ensure the accuracy of the information presented on the website, this information is offered without warranty as to its completeness or accuracy. Ikanos is not responsible for any errors or omissions on ikanos.com.
For more specific information about our company or our products or services, please contact us directly. Our contact information can be found at our contact us page.
II. Your use of the Ikanos Website
Any use of any of the Ikanos website other than for private, non-commercial use is strictly prohibited.
The website is not intended for or directed to persons under the age of 13.
In using the Ikanos website, you represent and warrant that you will comply with all applicable laws, including U.S. export control laws. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:
(a) Store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the website or compile or collect any content on this website as part of a database or other work;
(b) Use any automated device or process, such as a “bot” or “spider” to use the website or to copy or extract information or content from the website;
(c) Circumvent or disable any digital rights management, usage rules, or other security features of the website;
(d) Use the website in a manner that threatens the integrity, performance, or availability of the website; or
(e) Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the website or website content.
III. International Users
Ikanos is based in the United States. If you are a user from another country, you represent and warrant that you will comply with all local laws and regulations regarding online content, data transfers and conduct.
IV. Links to Third Parties
The Ikanos website may link or enable access to other websites and resources. Ikanos does not control these websites and other resources. By clicking on such links, you acknowledge and agree that Ikanos is not responsible for the availability of content on websites not controlled by Ikanos. In addition, you understand that Ikanos does not endorse the content on other websites, and does not assume responsibility or liability for any content, advertising, products, or other materials on or available from such websites or resources.
VI. Disclaimer of Warranties
YOU AGREE THAT USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK. YOU UNDERSTAND AND AGREE THAT IKANOS, AND OUR AFFILIATES AND SUPPLIERS (COLLECTIVELY, “IKANOS” OR “WE”) PROVIDE THE IKANOS WEBSITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. IKANOS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE WEBSITE OR THE CONTENT AVAILABLE ON THE WEBSITE. REFERENCES ON THE WEBSITE TO AN INDUSTRY OR TECHNOLOGY STANDARD MAY NOT BE INTERPRETED AS A WARRANTY THAT THE PRODUCT OR FEATURE DESCRIBED COMPLIES WITH ALL ASPECTS OF THAT STANDARD.
IN NO EVENT SHALL IKANOS BE LIABLE FOR ANY DAMAGES BASED ON YOUR RELIANCE ON INFORMATION CONTAINED IN THE IKANOS WEBSITE, AND IN PARTICULAR IKANOS SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO IKANOS’ WEBSITES OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
VII. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IKANOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IKANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE WEBSITE . UNDER NO CIRCUMSTANCES WILL IKANOS’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON TORT, CONTRACT OR OTHERWISE, EXCEED THE VALUE OF GOODS SOLD TO OR PURCHASED BY YOU.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
IX. Intellectual Property
All trademarks and logos used on this website are the trademarks, service marks or logos of Ikanos or their respective owners. These trademarks include, but are not limited to, Ikanos Communications, Ikanos, the Ikanos logo, the “Bandwidth without boundaries” tagline, Fusiv, Fx, and FxS. Nothing on this website shall be construed as granting any license, right of ownership or right to use any trademark used on the website. Any questions concerning the use of Ikanos’ trademarks should be referred to firstname.lastname@example.org.
X. General Terms
These Terms are governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law principles. The state or federal courts of Alameda, California shall have exclusive jurisdiction and venue over any disputes arising out of these Terms or relating to the Terms or your use of the Ikanos website. Both parties agree that they will not bring a suit against the other in any other forum.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ikanos without restriction. Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
These Terms sets forth the entire and exclusive understanding and agreement between you and Ikanos. You agree that if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
XI. Updates to this Website Agreement
XII. Contacting Ikanos
Ikanos Communications, Inc.
47669 Fremont Blvd.
Fremont, CA 94538
I. Collection and Use of Your Personal Information
In certain portions of our website, Ikanos collects your personal information to respond to your requests and for internal sales, marketing and administrative purposes only. The information we collect may include your name, telephone number, email address and mailing address. We may also collect anonymous browser and “cookie” information during your visit to our website.
- Ikanos collects personal information for the following purposes:
- To respond to your request for sales, investor or marketing information.
- Please note that beginning in 2009, the stockholder proxy materials issued in connection with our Annual Meeting of Stockholders will be available on a section of our website that does not collect cookies from your computer.
- To register you at your request on our website, periodic newsletters or other services.
- To contact you about new products or services that we think you may be interested in. If you do not wish to receive these offers, you can opt out by sending an email to email@example.com.
- We collect anonymous, aggregated data for statistical purposes. We may use such information to help determine ways to improve our site and may share this unidentifiable information with our affiliates.
- To develop and improve our relationship with you and for our other business purposes consistent with this policy.
Ikanos does not knowingly collect personal information from children under the age of thirteen (13).
II. Transfer and Sharing of Your Personal Information
Ikanos does not provide, share or sell your personal information without your consent to any non-affiliated third parties for their direct marketing purposes.
We may disclose personally identifiable information to third parties if in our sole judgment such disclosure may help comply with law or regulation, respond to a request from law enforcement, or protect the rights, property or safety of Ikanos or others.
If Ikanos should ever file for bankruptcy or have its assets sold to or merge with another entity, personal information Ikanos receives from you may be transferred to a non-affiliated entity and will be treated as any other Ikanos asset.
III. International Users
Ikanos takes every precaution to protect and secure the personal information you provide us from unauthorized access or modification, improper use or accidental loss.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Ikanos website or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. We may post a notice on our web site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at firstname.lastname@example.org.
If you have any questions or concerns regarding how we use your personal information at Ikanos, please e-mail us at email@example.com write to us at:
Ikanos Communications, Inc.
47669 Fremont Blvd.
Fremont, CA 94538