Last updated: January 2024

These Terms of Use (“Terms of Use”) apply to the Adesso website located at www.Adesso.com (“Site”). The Site is property of Adesso, Inc.

The terms “Adesso®”, “Adesso”, “we” and “our” as used in these Terms of Use refer to Adesso.com

Your access to and use of the services provided by our Site is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Site.

By accessing or using the Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you disagree with any part of the Terms of Use or our Privacy policy, then you should stop visiting and using this Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Adesso® or others.

We may amend, change, modify, add or remove portions of these Terms of Use at our sole discretion, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Adesso® grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

Copyright

Unless otherwise noted, all materials such as logos, brand names, images, designs, photographs, video clips, user interfaces, computer code, written and other materials (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content,that appear as part of our Site are copyrights and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by or to Adesso®. Our Site as a whole is protected by copyright and trade dress. Nothing on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Site, without prior written permission of the Intellectual Property owner. The names and logos of Adesso® Air Mouse®, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without our prior written permission. Fair use of our Intellectual Property requires proper acknowledgment. Other materials displayed in our Site may be the Intellectual Property of their respective owners.

 

Content Disclaimer

Postings on our Site are made at such times as we determine in our discretion. We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Adesso®. make no commitment to update the materials on the Site with respect to such products and services. You should not assume that the information contained on our Site has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

Any policies posted on the Site may be changed from time to time and are effective immediately upon posting such changes on the Site.

 

Account, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Adesso®. of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Adesso®. or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Adesso® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. You can review our Privacy Policy here. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Links to Third-Party Websites

Our Site may contain links to third-party websites or services owned or controlled by parties other than Adesso®. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Indemnification

You agree to defend, indemnify and hold Adesso® harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Site or any contracts or services you purchase through it.

 

Disclaimers

Adesso® DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Adesso® CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Adesso® SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Adesso® DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Adesso® FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Adesso® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Governing Law

You agree that these terms of use are governed by the laws of the United States of America and the laws of the State of Delaware and apply to all matters relating to your access to or use of the Site . You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

The information contained in this web site is subject to change without notice.

The goal of this Online Privacy Notice is to inform you in a concise, transparent, intelligible, and easily accessible way of the choices you have about the way the information is collected.

At Gyration.com (20659 Valley Blvd, Walnut, California 91789, USA “Adesso”), we are committed to protecting your privacy. Our pledge is to safeguard any Personal Information that you provide us and to make every reasonable effort to use this information only as you choose, to deliver the services you request. Personal Information, as used in EU and US privacy laws and information security, is information that can be used on its own or with other information appropriately and making Adesso’s internet presence a safe and secure place for you to transact online.

What personal data do we collect and why do we collect it

Information you explicitly give us

In order to establish your account as a customer or commercial partner, register your orders, or interact with Adesso, you will be asked to provide certain personally identifiable information to us, such as your name, username, mailing address, e-mail address, phone number, and billing information. You can choose not to provide this information but then you might not be able to participate in some of our services or offerings.

Information we automatically collect

We use common internet technologies, such as cookies and beacons, to ensure the integrity of our site and to customize portions of the site for you.

• IP Address: We analyze IP addresses in the aggregate for system administration purposes and to gather broad demographic information. We do not link IP addresses to your computer’s User ID.
• Cookies: This website makes use of first-party and third-party cookies (for profiling purposes) to give you the best, most optimized user experience, improve our website, and show you advertising according to your preferences. You can change your cookie settings at any time, but parts of this website will not function correctly without them. By continuing to browse this website without changing your settings, we will consider that you consent to the use of cookies and other trackers as set out in our Cookie Notice. For more information about cookies and how to disable them, please see our Cookie Notice.

Who owns customer content?

You maintain ownership of your personal information and select which Adesso services process, store and host them. We do not access or use customer content for any purpose other than as legally required and for maintaining Adesso services and providing them to you.

Why is it being collected?

Adesso’s goal in collecting personal information about you is, first, to give you a meaningful, enjoyable, and personalized website experience and, second, to facilitate the development of new products and services relevant to customers, commercial partners, and visitors like you. Personal information also allows us to provide better service to you by tailoring our communications to match your interests – deliver more of what you want and less of what you don’t want.

How do we use your information?

Adesso only uses the personal information you explicitly provide to conduct business with you. We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• creating and maintaining accounts;
• processing, fulfilling, and following up on orders, as applicable;
• answering your e-mail;
• providing news about our products, offers, software upgrades, services, tips, and projects;
• sending surveys;
• analyzing aggregate data to increase our understanding of our customers and commercial partners and our ability to meet their needs.

We also use this personal information to:

• provide you with information related to your account, the products or services you purchased from us;
• understand your needs and interests;
• improve our service;
• personalize communications.

Who will it be shared with?

Your personally identifiable information will not be sold, traded, or otherwise transferred to outside parties.

Companies who work on our behalf

Occasionally, we work with third parties to provide a better user experience, such as for fulfilling online orders, emailing updates, or collecting voluntarily-provided feedback. These third-party sites will either follow our privacy policy, in compliance with USA and EU legal requirements and data protection best practices or prominently display their own. They are prohibited from transferring the information to another party except as needed to provide those services. Other than these exceptions, and for authorized government law enforcement activities, we do not provide personal information to outside organizations without first obtaining your consent.

Business Transfers: Adesso reserves the right to transfer your personal information in connection with the sale or transfer of all or a portion of our business or assets, to the extent permitted by applicable law. If the business is sold or transferred, Adesso will give you an opportunity to tell us not to transfer your personal information. In some cases, this may mean that the new organization will not be able to continue providing you with the services or products that Adesso provided.

Law Enforcement: Adesso may disclose personal information to third parties without your consent for any of the following reasons: to comply with any law, regulation, or court order; to cooperate with government investigations; to help prevent fraud or to enforce or protect the rights of Adesso.

What emails will be received?

Adesso may send you an e-mail about your orders or your account in response to your questions. Adesso and its subsidiaries may also send you e-mails with information and/or special offers about products and services that may be of interest to you, provided you agreed to receive such e-mails in accordance with applicable law.

We will give you an opportunity to let us know your preference regarding the receipt of the promotional e-mail. This option applies to promotional e-mail only, as we may find it necessary to send you an e-mail relating to your account, order, product, or pricing changes.

COPPA (Children Online Privacy Protection Act)

We do not sell products for purchase by children. When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. If you are under 18, you may use our website only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.

Cookies

To help provide website visitors with the best experience possible, we use commercial software to report and analyze aggregated web metrics data. The data is generally retained indefinitely to help improve website performance.

To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies?

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) when you visit our site. It enables the site’s or service provider’s systems to recognize your browser and capture and remember your actions and preferences. For instance, we use cookies to help us remember your login, language, font size, or process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. 

How do we use cookies?

We use cookies to:

• Identify you.
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.

What cookies do we use?

Our sites use three types of tools: session cookies, persistent cookies, and other customization tools.

Session cookies do not contain personal information and disappear once the browser window is closed. We use session cookies for technical purposes such as enabling you to navigate the websites. Session cookies only collect non-personally identifiable data.

Persistent cookies store information on your computers for longer periods of time and across multiple visits. We do not use persistent cookies to collect personally identifiable information about visitors. However, we do use persistent cookies to improve web metrics by distinguishing between new and returning visitors, to anonymously aggregate data on how visitors use our websites, and to remember your voluntarily-provided preferences to create a smoother browsing experience.

Customization tools allow you to voluntarily provide information to personalize and improve your online experience. Information from customization tools is saved on our servers.

What cookies do we use?

You can reject all cookies (except strictly necessary cookies) in case you prefer not to receive them, and you can have your computer warn you whenever cookies are being used. You can delete the cookies that are already on your computer and you can set your browser to prevent them from being placed.  You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

Disabling cookies may, however, prevent some web services from working correctly. Please be aware that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it is possible then that you do not have access to some of the features on the website.  However, you can still place orders.

To disable cookies, or to receive a warning whenever cookies are being used, you have to adjust your browser settings. You can adjust your browser settings to delete certain cookies. Visit the “help” section of your browser for how to manage your cookie settings, or follow the links below:

• Internet Explorer:  https://support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies
• Mozilla Firefox:   http://support.mozilla.com/en-US/kb/Cookies
• Google Chrome:   http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
• Safari:  http://support.apple.com/kb/PH5042
• Opera:   http://help.opera.com/opera/Windows/2308/en/private.html  

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visitwww.allaboutcookies.org. 

To opt-out of targeting by many third-party advertising companies, please visit the Network Advertising Initiative (NAI).

There are also software products available that can manage cookies for you. Many web browsers allow you to use a “Do Not Track” function to inform websites and ad networks that you do not want your online activities tracked. For more information on browser tracking signals and Do Not Track please visit Allaboutdnt.org.