This Terms of Service agreement ("Agreement" or “Terms of Service”) is a binding agreement between you ("you") and ArmourGrid Inc. ("Company", “ArmourGrid”, “we”, or “us”) located at 2700 Patriot Blvd., Suite 250, Glenview, IL 60026, USA. This Agreement describes the terms and conditions applicable to your access and usage of the www.kuvrr.com, www.kuvrr.com/products/family-kuvrr, mobile or digital software (the “Family Kuvrr”) or any of our web and/or mobile services available through or in connection with the service (collectively, the “Service”). The Service is licensed, and not sold, to you.
This Agreement applies to all visitors, users, and others who access or use the Service (“Users”). Your access and usage of our Service signifies your binding acceptance this Agreement including any modifications ArmourGrid may make from time to time. This agreement also contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes instead of jury trials or class actions. Your access and usage of our Service signifies your consent and binding acceptance to this Agreement.
We may amend this Agreement at any time by posting the amended Agreement on our website at Terms of Service and you agree that you will be bound by any changes to this Agreement. For your convenience, the date of last revision is included at the top of this page. ArmourGrid may make changes to the Agreement and/or to the Service at any time. You understand that ArmourGrid may discontinue or restrict your use of the Service for any reason or no reason with or without notice.
- Representations and Warranties
ArmourGrid provides you with the ability to collect certain information or to remotely manage the mobile devices, depending on the features of the Service you may have subscribed to and enabled. The Service may also provide you with the ability to remotely manage certain aspects of the mobile devices on which the Family Kuvrr is installed (the “Device Controls”) and provide you with certain device usage features which may collect text, phone calls, browsing history, applications and other sensor data from your device to share it with other Users depending on the feature access level that you provided to those Users (the “Device Usage”). By accessing or using the Service, you hereby warrant, represent, covenant and certify the following:
- All information that you provide to ArmourGrid is true and accurate, including, without limitation, the phone numbers, email and other related information.
- You will not use the Service, Device Usage or Device Controls in violation of any Federal, State or local law, rule, ordinance or governmental regulation you are subject to. Notwithstanding the foregoing, ArmourGrid is not responsible for your access or use of the Device Usage or the Device Controls;
- You consent to ArmourGrid taking all actions as directed by you through the Device Controls with respect to the mobile devices on which you may have installed Service
- You will not use the Service to monitor the activities of any person that is 18 years of age or older without consent of that person;
- You agree that ArmourGrid is not responsible or liable in any manner for any content you encounter through the Device Usage. ArmourGrid is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Device Usage. You further agree that ArmourGrid is not responsible or liable in any manner for any such actions you direct ArmourGrid to take through the Device Controls.
- You will not copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- You will not transmit spam, chain letters, or other unsolicited email;
- You will not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- You will not take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms, or other software agents through the Service;
- You will not collect or harvesting any personally identifiable information, including account names, from the Service;
- You will not use the Service for any commercial solicitation purposes;
- You will not impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
- You will not interfere with the proper working of the Service;
- You will not access any content on the Service through any technology or means other than those provided or authorized by the Service;
- You will not bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Service.
- Rules of Service
- Ability to Use the Service
You hereby affirmatively represent that (a) you have all the applicable rights and authority to enter into a binding contract with the Company; and (b) You are in compliance with all applicable local, state, national, and international laws, rules and regulations; and (c) You have never been removed from the Service by us; (d) you have read, understood, and agree to be bound by this Agreement; and (e) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
- Account Security
The integrity and security of your personal information is very important to us. However, ArmourGrid cannot guarantee: (i) security of your account and personal information; or (ii) use of your personal information for improper and/or illegal purposes by unauthorized third parties.
- Social Networks
The Service includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by this Agreement, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for the Company to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third-party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third-party websites which could result in the termination of your account and ability to access these third-party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT ARMOURGRID WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
- To access the Service, you must have an account. You can create an account by completing the registration process for the Service.
- Accounts give you access to the Services and related features and functionality that we may establish and maintain from time to time and in our sole discretion.
- You shall not share or transfer any account. You shall not disclose your password to anyone else.
- You are strictly prohibited from using another User’s account without permission.
- You are entirely responsible for maintaining the confidentiality of the account password and you are solely responsible for all the activity that occurs on your account. You agree to notify ArmourGrid immediately if you believe that an account password may have been compromised or any breach of account security or unauthorized access to your account.
- ArmourGrid will not be liable for any losses, damages or issues caused by the unauthorized use of your account.
- Service Termination
ArmourGrid reserves the right to deny, change, stop, limit or terminate the Service or any of its features to you or to Users at ArmourGrid’s sole and absolute discretion, without notice. The Service is offered with the understanding that ArmourGrid may terminate any account registered to you and/or your access to the Service at any time, for any reason or no reason, including without any limitation, in our sole determination, for any violation of this Agreement by you. You are responsible for all the mobile data usage resulting from the access to and/or use of Service. If your Service or account is terminated, suspended, stopped or limited for any or no reason, you continue to be bound by this Agreement. ArmourGrid shall have no liability for your interactions or lack thereof with any Users.
If you voluntarily terminate your account or allow your account to lapse, you may reactivate that account at any time through the account subscription feature of the Service. Accounts terminated by ArmourGrid for any reason or for no reason may not be reactivated. Upon termination or suspension of your account or expiration of your account subscription, the Service may not function at all or may only function with very limited features. Furthermore, ArmourGrid reserves the right to delete all data, at its discretion for any accounts that are found to be violating this Agreement.
- User Generated Content
ArmourGrid does not claim ownership of any materials, posts, text, audio, video content or any other content (“User Generated Content”) you make available through the Service. ArmourGrid’s has the right (but no obligation) at its sole discretion to remove any User Generated Content. With respect to User Generated Content you submit or make available for inclusion through the Service, you grant ArmourGrid a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such User Generated Content or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section 5.
You agree that you will not under any circumstances upload, post or transmit any content that:
You affirm and agree that that ArmourGrid shall not be liable for any damages you allege to incur as a result of User Generated Content posted by you or third party through the Service.
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is harmful, discriminatory, libelous or fraudulent;
- is or abusive, defamatory, racially or ethnically offensive, toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
1. Family Kuvrr Software Application
As part of the Service, we make available the Family Kuvrr. To use the Family Kuvrr you must have a mobile device that is compatible with the Family Kuvrr. Company does not warrant that the Family Kuvrr will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Family Kuvrr for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the Family Kuvrr, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Family Kuvrr to any third party or use the Family Kuvrr to provide similar services for any third party; (c) make any copies of the Family Kuvrr; (d) remove, circumvent, disable, damage or otherwise interfere with security-related: (i) features of the Family Kuvrr, (ii) features that prevent or restrict use or copying of any content accessible through the Family Kuvrr, or (iii) features that enforce limitations on use of the Family Kuvrr; or (e) delete the copyright and other proprietary rights notices on the Family Kuvrr. You acknowledge that Company may from time to time issue upgraded versions of the Family Kuvrr and may automatically electronically upgrade the version of the Family Kuvrr that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Family Kuvrr is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Family Kuvrr or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Family Kuvrr (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. The Family Kuvrr originates in the United States and is subject to United States export laws and regulations. The Family Kuvrr may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Family Kuvrr may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Family Kuvrr and the Service.
Company may send you communications related to the Service which may include but not be limited to performance of the Service, enhancements, changes, or improvements to the Service to the email address you have provided. This may also include any communications and/or notices that may be required by law, in-lieu of communication by postal email. You may opt out by unsubscribing from such email communications from Company, however please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Kindly also note that we don’t sell your phone number, email address or any of your other personal information to anyone.
We may also ask you or you may choose to give us feedback, comments, suggestions (“Feedback”) about our Service or products. You consent and agree that any Feedback shared by you with us is without restrictions, unsolicited and does not obligate the Company in any way. Company shall be able to use the Feedback as it deems fit without any compensation or any obligation to you. You also agree that even if the Company accepts your Feedback, the Company does not waive any rights to use similar or related ideas which may have been known to the Company through sources other than you.
- Proprietary Rights
- a. The Service and all materials therein or transferred thereby, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, Feedback, and all intellectual property rights related there are the exclusive property of the Company and its licensors.
- b. All the information provided by the Service, without limitation, all design, text, graphics, interfaces, and the selection and arrangements are protected by law including copyright law.
- c. ArmourGrid does not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them in the Service.
- d. Product names, logos, designs, titles, words or phrases shall be protected under law as the trademarks, service mark or trade names of ArmourGrid or other ArmourGrid affiliated entities.
- Service Features
The key features of the Service may be categorized into four areas as follows:
The Service also includes analysis and detection of certain types of risks such as cyberbullying, adult content, certain in-appropriate terms in the texts, browser history and social media interactions to generate alerts.
Depending on your subscription, payment, feature selection and feature availability, some or all of the above features may be available to a User. Some of the features require Family Kuvrr to be installed on the devices that the features apply to.
We provide alerts to you regarding Users who may have consented to be connected with you and you may be connected with them via the Service. If you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies. We will endeavor to send alerts by text/email to your designated email address(es), or by text to your mobile device (if requested). You are required to maintain updated email or text contact information and bear all risks associated with providing ArmourGrid with inoperable or incorrect contact information.
- Location Tracking: Certain location tracking features are provided which may collect location information from your device and share it with other Users depending on the feature access level of those Users. The location tracking features require installation of Family Kuvrr on the device for which the location will be provided and enablement of appropriate settings on the device to allow capture and sharing of location data.
- Device Usage: Certain device usage features are provided which may collect text, phone calls, browsing history, applications and other sensor data from your device and share it with other Users depending on the feature access level of those Users. The device usage features require installation of Family Kuvrr on the device for which the device usage will be tracked and enablement of appropriate settings on the device to allow capture and sharing of various device usage data.
- Emergency Alerts: Certain emergency alert features are provided which may enable a User to send emergency alert to other Users depending on the feature access level of those Users. The emergency alert features require installation of Family Kuvrr on the device from which the emergency alert will be issued and enablement of appropriate settings on the device to allow issuance and sharing of emergency alerts.
- Device Control: Certain device control features are provided which may allow another User to issue commands to your device. The device control features require installation of Family Kuvrr on the device for which the device control will be applied and enablement of appropriate settings on the device to allow control of the device via remote commands.
- Roadside Assistance: Certain roadside assistance features may be offered through the Service. These benefits are not insurance benefits and shall not be used as a substitute for insurance coverage. Roadside assistance service is provided by Signature Motoro Club and the terms for this service are located at
ARS Terms of Service
- Subscription, Billing and Refunds
The Service is offered on a monthly or a yearly subscription basis. You may elect to use features of the Service that have associated charges or subscriptions and, in such case,, you agree to the pricing and payment terms. Depending on the User election of the features and subscription type, a monthly or yearly fee is charged to the User. All subscription and access charges are payable in advance. Depending on our promotions and requirements at any given time, you may access and use the Service with a free trial also for a specific time period. Any free trial time period shall be specified during sign-up, if at all.
- Billing & Payments
For payments, the Service requires you to provide a credit card number or other payment method with advance authorization features (“Payment Method”). By proving a Payment Method to the Company, you authorize the Company to continue charging the Payment Method for all charges due Company until your account is settled and your subscription is terminated by either you or Company. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event that Company is unable to charge the card you have provided (e.g., expired credit card), Company will send you a notice to update your card information. You will have a 10-day grace period to update your billing information. If the account is not updated within the 10-day grace period, Company will terminate your subscription.
You may cancel your account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. To cancel the Service, please contact ArmourGrid customer support at (661) 745 8877 or email us at email@example.com. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, your account will be canceled within 5 business days of your cancelation request. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed. ArmourGrid SHALL NOT BE RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE FREE TRIAL PERIOD. We reserve the right to modify, terminate or otherwise amend our Service subscription plans. We will provide you with reasonable notice upon the modification or termination of any of our Service subscription plans.
ArmourGrid reserves the right to change the features, pricing and payment terms from time to time. Any changes in pricing and payment terms shall become effective immediately after the Company has provided you with a notice of such change.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Company cares about the integrity and security of your personal information. We deploy tiers of security including isolation and encryption to safeguard your ifnormatio. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Generated Content or any User Generated Content or other information that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.)WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Some states do not allow for the disclaimer of certain warranties, so the disclaimers above may not apply to you.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.
- THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- Governing Law and Arbitration
- Governing Law.
You agree that: (i) the Service shall be deemed solely based in Illinois; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Illinois. This Agreement shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Cook County, Illinois for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. In the unlikely event that Company has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Cook County, Illinois, unless you and Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of Company’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to the Agreement.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘Last Updated’ date at the top of this Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Service.
- Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement.