Killer - gaming network card delivers smoother gameplay during intense action

Terms and Conditions of Use

ELECTRONIC COMMUNICATIONS

When you visit www.BigfootNetworks.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bigfoot Networks Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bigfoot Networks Inc. and protected by U.S. copyright laws. All software used on this site is the property of Bigfoot Networks Inc. or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

BIGFOOT NETWORKS, LAGMETER, LAGS-PER-MINUTE, LAGOMETER, UltimatePing, MAXFPS, Killer, KILLER NIC, LLR TECHNOLOGY, GAMEFIRST, FLEXIBLE NETWORK ARCHICTURE, FNAPPS, FNA, PINGTHROTTLE.

and other Bigfoot Networks Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Bigfoot Networks Inc., Inc. or its affiliates in the U.S. and/or other countries. Bigfoot Networks Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Bigfoot Networks Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bigfoot Networks Inc.. All other trademarks not owned by Bigfoot Networks Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bigfoot Networks Inc. or its affiliates.

LICENSE AND SITE ACCESS

Bigfoot Networks Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bigfoot Networks Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bigfoot Networks Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bigfoot Networks Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bigfoot Networks Inc.'s name or trademarks without the express written consent of Bigfoot Networks Inc.. Any unauthorized use terminates the permission or license granted by Bigfoot Networks Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bigfoot Networks Inc. so long as the link does not portray Bigfoot Networks Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bigfoot Networks Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

ORDERING

If you are under 18, you may use Bigfoot Networks Inc. only with involvement of a parent or guardian. Bigfoot Networks Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Certain Bigfoot Networks owned sites may allow visitors to post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bigfoot Networks Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Bigfoot Networks Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bigfoot Networks Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bigfoot Networks Inc. or its affiliates for all claims resulting from content you supply. Bigfoot Networks Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Bigfoot Networks Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

SOFTWARE AND HARDWARE AVAILABLE ON THIS WEB SITE.

Any hardware such as a network interface card (“Hardware”) or software that is made available to download from this Website or sold as part of or incorporated in Hardware ("Software") is the copyrighted work of BigFoot Networks, Inc. and/or its suppliers. Use of the Hardware and Software is governed by the conditions stated herein. An end user will be unable to purchase any Hardware or install any Software unless he or she first agrees to the conditions.

The Software is made available for license to end users on a non-exclusive, non-transferable basis solely for personal use by end users. You shall not (a) use the Hardware or Software for commercial time sharing, outsourcing environment, rental or service bureau use or as an application service provider; (b) use any portion of the Hardware or Software as a component or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution to any other Person; (c) use any portion of the Hardware or Software to support commercial use by any other Person; (d) transfer, sell, assign, sublicense or otherwise convey any portion of the Hardware or Software to any other Person; (e) copy any portion of the Software except as authorized herein; (f) disassemble, reverse engineer, decompile, modify, merge or translate the Software; or (g) permit any other Person to do any of the foregoing. End Users may use the Flexible Network Architecture™ feature of the Killer Network Interface Card (“NIC”) to write their own personal programs, applications or utilities to run on the Killer’s Network Processing Unit (“NPU”), subject to the limitation of liability and disclaimer below. You agree to indemnify, defend and hold harmless Bigfoot Networks and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liabilities, damages and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim alleging that the use of the end user’s personal programs, applications and utilities with the any Hardware or Software caused harm or damages to any person or violates the intellectual property rights of any person, including claims arising out of the negligence of the Indemnified Parties. Bigfoot Networks reserves all rights in the Hardware and Software not expressly granted herein.

EXCEPT AS STATED IN THE PRODUCT WARRANTY DOCUMENT, BIGFOOT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE HARDWARE AND SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE HARDWARE AND SOFTWARE IS MADE AVAILABLE ON AND “AS IS” BASIS ONLY. BIGFOOT NETWORKS MAY MAKE AVAILABLE AS PART OF ITS HARDWARE OR SOFTWARE OTHER TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. BIGFOOT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE THAT BIGFOOT NETWORKS IS NOT RESPONSIBLE FOR ANY DAMAGES, REDUCTION IN PERFORMANCE, OR IMPACT THAT ANY OF THE END USER’S PROGRAMS, APPLICATIONS OR UTILITIES MAY HAVE ON THE KILLER NIC OR NPU, THE END USER’S GAME OR COMPUTER HARDWARE AND SOFTWARE, A GAME OR COMPUTER HARDWARE OR SOFTWARE OWNED BY ANOTHER PERSON, OR ANY OTHER EFFECT CAUSED BY THE END USER’S PERSONAL PROGRAM, APPLICATION OR UTILITY.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If you open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bigfoot Networks immediately of any unauthorized use of your account or any other breach of security. Bigfoot Networks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bigfoot Networks or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

HOW TO MAKE PURCHASES FROM THIS WEBSITE

To purchase products from this web site simply press the "Add to Cart" button on the page. You'll then select your product the list on the shopping cart page and finally, click the "Checkout" button. You'll be prompted to enter your delivery, billing and credit card information, and then you'll have a chance to review the order. Enter the billing address and telephone number on file with your credit card company. This information will be verified against your credit card. Select your credit card type, then enter the credit card number, expiration date and security code found on the back of your credit card. Carefully review your order information before submitting the order. Click the 'edit' button for each section you would like to modify. Make sure you press the 'Submit Order' button one time only.

Once you confirm the order and the credit card is approved, our systems will automatically generate an email with your product confirmation. See our shipping policies and methods at http://www.bigfootnetworks.com/Shipping.aspx. Your email address may be used to confirm orders and to notify each user of product related information, so make sure you provide your correct email address. Also, enter your telephone number so we can contact you to confirm orders or if you email bounces.

NO UNLAWFUL OR PROHIBITED USE OF THIS WEBSITE OR WEBSITE LINKED TO THIS WEBSITE AND OWNED BY BIGFOOT NETWORKS.

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these conditions. You may not use the Website in any manner that could damage, disable, overburden, or impair any Bigfoot Networks’ server, or the network(s) connected to any Bigfoot Networks’ Software server, or interfere with any other party's use and enjoyment of any services offered by this website. You may not attempt to gain unauthorized access to any other person’s accounts, computer systems or networks connected to any Bigfoot Networks’ server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.

This website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use any material or information, including images or photographs, which are made available through this website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Advertise or offer to sell or buy any goods or services for any business purpose.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Restrict or inhibit any other user from using and enjoying the Communication Services.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Harvest or otherwise collect information about others, including e-mail addresses.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Violate any applicable laws or regulations.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Create a false identity for the purpose of misleading others.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Bigfoot Networks has no obligation to monitor the Communication Services. However, Bigfoot Networks reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Bigfoot Networks reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Bigfoot Networks reserves the right at all times to disclose any information as Bigfoot Networks deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bigfoot Networks’ sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Bigfoot Networks does not control or endorse the content, messages or information found in any Communication Services and, therefore, Bigfoot Networks specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Bigfoot Networks at the address below.

LINKS TO OTHER MATERIALS

The linked sites are not under the control of BIGFOOT NETWORKS INC. and BIGFOOT NETWORKS INC. is not responsible for the content of any linked site. BIGFOOT NETWORKS INC. reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

PERFORMANCE INFORMATION

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of Bigfoot Networks’ products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance.

RISK OF LOSS

All items purchased directly from Bigfoot Networks Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Bigfoot Networks Inc. and its affiliates attempt to be as accurate as possible. However, Bigfoot Networks Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bigfoot Networks Inc. itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY BIGFOOT NETWORKS INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGFOOT NETWORKS INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIGFOOT NETWORKS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGFOOT NETWORKS INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BIGFOOT NETWORKS INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGFOOT NETWORKS INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You are entirely responsible for your use of this website and use of any information on this website. You hereby indemnify, defend, and hold Bigfoot Networks and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, damages and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the conditions stated herein. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

APPLICABLE LAW

By visiting and using this website and/or making any purchase from Bigfoot Networks Inc., you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bigfoot Networks Inc. or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Bigfoot Networks Inc. or to products you purchase through Bigfoot Networks Inc. shall be submitted to confidential arbitration in Austin, Texas , except that, to the extent you have in any manner violated or threatened to violate Bigfoot Networks Inc.'s intellectual property rights, Bigfoot Networks Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You agree to the appointment of a single arbitrator, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on our site. These policies also govern your visit to Bigfoot Networks Inc. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice to you. If any of these conditions shall be deemed invalid, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition