Terms & Conditions
Last updated: November 20, 2015
To Use Our “Services” (as defined below), You:
- May need to register with us to access and use some of our services and websites
- Must not initiate or participate in any activities on our services that are illegal, harmful, or interfere with anyone's use of our services
If You Post Content On our Services, You:
- May post content that you create or have been given permission to post by the owner, is legal, and doesn't violate the Terms
- Are responsible for content that you post to our services and assume all risks of posting personal information online
I. DESCRIPTION OF SERVICES
By using our websites or using or receiving any of our mobile apps, software, other products, services, or information supplied to you by the Company (collectively, the "Services"), including without limitation by downloading, installing or using any associated software or apps supplied by the Company the purpose of which is to enable you to use the Services (collectively, the "Software"), you agree to the terms of this Agreement. Any reference to the “website”, the “web site”, the “site”, “www.GetScreen.com” or other similar references, shall include any and all pages, subdomains, affiliated domains, brands, products or other areas of our website, or any other affiliated sites or domains owned or operated by or on behalf of us, plus any of the online content, information and services as made available in or thought the website. The Services include without limitation all aspects of the website, or of any app or other product or service, including but not limited to all products, Software and other software, applications, features, channels and services offered therein. Any reference to “content” shall include all content in all forms or mediums, such as (without limitation) text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. You must be of legal age for contractual consent or older to use this website and/or the other Services. All information and services are exchanged electronically, via the internet. You are responsible for maintaining your own access to the internet. You consent to receiving communications electronically. Company is a privately owned and operated company and does not represent or speak for any governmental office or authority.
This paragraph shall apply if and only if you obtain any hardware and/or equipment from us (“Equipment”). Any references herein to “Services” shall be deemed to include Equipment, if and to the extent applicable by context. Any such Equipment obtained by you from us, whether leased or purchased, shall be subject to the additional warranty terms set forth on Schedule 1 attached hereto and made a part hereof. Customer shall be responsible for risk of loss of all Equipment, starting from the time of initial delivery. If and to the extent you purchase any Equipment from us (“Purchased Equipment”), then you shall take title to such Purchased Equipment only after payment in full of all amounts due and owing hereunder to us, including without limitation payment in full for all Equipment. We maintains ownership of, and a security interest in and to, all Purchased Equipment, until such time as all payments have been made by you of all amounts due and owing hereunder. If and to the extent you lease any Equipment from us (“Leased Equipment”), then you shall be responsible for maintaining such Equipment and keeping it secure, in good working order, normal wear and tear excepted, and shall return any and all such Equipment in such condition immediately upon expiration or termination of this Agreement or when the lease expires. If you fail to return such Equipment in such condition, you shall pay to us the full retail new cost for any such unreturned Equipment. We maintain ownership of, and a security interest in and to, all Leased Equipment, at all times. You shall not, and shall not permit any third party to, modify or make adjustments to the Equipment, or use the Equipment with sensors or other devices not provided by us, without our prior written approval. You are responsible for the safe and normal use of all Equipment only in the manner for which it is intended.
It is your responsibility to use the Services in compliance with all applicable laws and privacy regulations and to obtain any necessary consents and approvals from other users to use the Services on their devices or on shared devices. You must own all devices on which you use the Services, or otherwise have the necessary rights to use the Services thereon. The Service is designed, among other things, to help a parent or legal guardian monitor and limit screen time by their own minor children, but not, for example and without limitation, to monitor other adults or their devices without their consent, such as, without limitation, spouses, ex spouses, nannies, babysitters, etc. The Service is not a substitute for proper adult supervision, and is meant to be used only as an informational tool. You may only share the Services to the extent expressly permitted and contemplated herein, such as with your children. You are responsible for all use of the Service by any end users, whether family members or other persons with whom you share the Services. You and the end users you represent consent to receive alerts and electronic notifications from us.
Although visitors of all ages may navigate through our website, and/or use our Services, we do not intentionally collect personal information from persons under the age of thirteen, except to the extent authorized by you. You represent and warrant that you are an adult, with full authority to enter this agreement. We are relying on you to have, and you hereby represent and warrant to us that you have, the authority to give us proper consent on behalf of any children you invite to use the Service, and you hereby give that consent. If following a notification by a parent or guardian, or discovery by other means, that a child under thirteen has improperly registered with us or signed up for any Services by using false information, we will immediately cancel the child's account and delete the child's personally identifiable information from our records.
II. PASSWORDS AND ACCESS
In order to access some features of the Services, you may have to register or create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
You may not grant, resell or sublicense access to the Services, or any of the rights granted to you herein, to any third party. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Services is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services. You agree not to use the Services to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
You shall not download any content unless you see a “download” or similar link displayed by Company on the Services for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Services and their content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
III. YOUR OBLIGATIONS
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services.
You may not:
- restrict or inhibit any other user from using and enjoying the Services;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding;
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
- resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them;
- use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly;
- use data mining, robots or other similar data gathering and extraction tools;
- make any derivative works based, in whole or in part, on any portion or all of the Services;
- use webpage frames to enclose any part of the Services;
- use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services;
- portray Company or any company affiliated with it in a negative manner or otherwise portray its Services in a false, misleading, derogatory or offensive manner;
- use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services;
- attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;
- post or transmit any photograph or likeness of another person without that person's consent, if and to the extent necessary under applicable laws;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
While this Section highlights some of your key obligations, headers and section titles are for convenience only, and you are bound by all the terms of this Agreement.
IV. PUBLIC POSTINGS AND LICENSED MATERIALS
Certain material you may post on our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, "Public Postings"). Public Postings include any ‘family contract’, ‘family rules’ or similar group agreement that you may post or share through the Service and/or publish via social media. These Public Postings will be treated as non-confidential and nonproprietary. You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.
Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any Personally Identifiable Information, collectively, "Submissions"), will be treated as non-confidential and nonproprietary.
By providing any Public Posting or Submission, you (i) grant to Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Services pursuant to this Agreement; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Company the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions.
You shall be solely responsible for your own content and any Pubic Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all content if properly notified that such content infringes on another's intellectual property rights as set forth herein below. We reserve the right to remove content without prior notice. We reserve the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user's account or otherwise block access for submitting such material in violation of this Agreement.
We are not responsible for end user error or errors in inputs or for errors in any user supplied data. We do not independently verify the truthfulness or accuracy of any data or content input into the Services and are not responsible for the fraud, misrepresentation, negligence or misconduct of any end user or other third party.
V. FEES AND PAYMENTS
If and to the extent any portion of the Services may require a fee payment or incremental payment or subscription, you agree to pay Company any applicable fee posted for the Services. By completing and submitting any credit card, ACH, bank wire, or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
VI. WARRANTIES AND LIMITATIONS OF WARRANTIES.
THE SERVICES, THE WEBSITE, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
VII. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, IF ANY, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US AND RESULTING FROM (1) ANY VIOLATION BY YOU OF THIS AGREEMENT; (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR VIOLATION OF ANY THRID PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; AND/OR (5) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.
ANY USE OF THE SERVICES BY ANY PARTY, INCLUDING YOU, IN ANY HIGH RISK APPLICATION IS DONE AT THE USER’S OWN RISK, WITHOUT ANY WARRANTY. AS USED HEREIN, A “HIGH RISK APPLICATION” IS ANY USE WHERE THE FAILURE OF THE SERVICE COULD CAUSE SERIOUS RISK, INCLUDING RISK OF INJURY TO PERSONS OR PROPERTY, OR A LIFE-THREATENING SITUATION. For example and without limitation, while some parts of the Service may allow you to monitor location of your children, you should not rely on this as a safety feature.
VIII. DURATION OF TERMS
Once in effect, this Agreement will continue in operation until terminated by either you or us. However, even after termination, the provisions of sections III through XV of this Agreement will remain in effect in relation to any prior use of the Services by you. You may terminate this Agreement at any time and for any reason by providing notice to Company in the manner specified in this Agreement or by choosing to cancel your access to the Services using the tools provided for that purpose within the Services. We may terminate this Agreement without notice or, at our option, temporarily suspend your access to the Services, in the event that you breach this Agreement. Notwithstanding the foregoing, Company also reserves the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means. After termination of this Agreement for any reason, you understand and acknowledge that Company will have no further obligation to provide the Services or access thereto. Upon termination, all licenses and other rights granted to you by this Agreement, if any, will immediately cease, but your licenses to us shall survive, and certain of your obligations (including payment obligations, if any) will survive in accordance with the terms hereof.
IX. MODIFICATION OF TERMS
Company may change the terms of this Agreement from time to time. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by our posting notice of the changes on the Services (which may consist of publishing the changes on our website). Any such changes will become effective when notice is received or when posted on the Services, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Services following such notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
X. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation of the Services, your sole remedy shall be to terminate this Agreement as set forth herein. Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, Software, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and including all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, such as without limitation, regarding your (including your family or other shared end users’) usage of the Services. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner's prior written consent.
Unless otherwise stated, all content in our websites or other Services, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
XII. INTERNATIONAL USERS
The Services are controlled, operated and administered by us from within the United States. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement. Access to the Services is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services.
XIII. THIRD PARTY CONTENT
Certain content on the Services may be supplied by third parties. Company does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including without limitation, suppliers and vendors, or any customer or user of the Services, are those of the respective authors or distributors and not of Company or its affiliates or any of its officers, directors, employees, or agents. In many instances, the content available on the Services represents the opinions and judgments of the respective third parties, whether or not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Services. Under no circumstances shall Company, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Services.
You understand that when using the Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
A. If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at Info@getscreen.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.
XIV. CLASS ACTION WAIVER AND ARBITRATION
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
P.O. Box 582 Scarsdale, NY 10583
You must include your name and residence address, the email address you use for your account with us, and a clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
LIMITED PRODUCT WARRANTY AND DISCLAIMERS
Limited Warranty. Company warrants to the original purchaser of Equipment from us (the “Original Purchaser”) that for a period of twelve (12) months from the date of purchase (the “Warranty Period”) that the Equipment will be free from significant defects in materials and workmanship (the “Limited Warranty”).
The Limited Warranty does not apply to normal where and tear, nor where (i) the Equipment has been subjected to accident, abuse, improper use, neglect, improper storage or handling, abnormal physical stress, damage from the elements or abnormal environmental conditions, damage or loss caused by or resulting from any acts, accidents or disasters beyond the Company’s control, or (ii) the Equipment has been reconstructed, repaired or altered by any person other than the Company one of its authorized representatives or combined with other equipment or software.
Original Purchaser’s Exclusive Remedy For Defective Equipment. The Original Purchaser’s exclusive remedy for any Equipment not conforming to the Limited Warranty (“Defective Equipment”) is set forth below.
- (i) The Original Purchaser shall notify the Company in writing, of any alleged claim or defect within thirty (30) days from the date the Original Purchaser discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period).
- (ii) The Original Purchaser shall ship any Equipment claimed to be defective to: Licensor, at P.O Box 582 Scarsdale, NY 10583. Shipping shall be at the Original Purchaser’s expense and risk of loss.
- (iii) Upon Receipt, the Company will inspect and test the Equipment, and if to its reasonable satisfaction, it determines that that such Equipment is Defective Equipment, the Company will in its sole discretion, and at its expense, either (i) repair or replace such Defective Equipment, or (ii) credit or refund the price of such Defective Equipment less any applicable discounts, rebates or credits, less a deduction for the pro rata amount of use accrued during the Warranty Period, amortized over the life of the Warranty Period.
- (iv) If the Company elects to repair or replace the Defective Equipment, it will ship to the Original Purchaser, at the Original Purchaser’s expense and risk of loss, the repaired or replaced Equipment to the address specified in writing by the Original Purchaser.
Disclaimer. Except for the express limited warranty set forth above, there are no other warranties, representations or conditions of any kind, express or implied, whether arising by law, course of dealing, course of performance, usage of trade or otherwise, with respect to the product supplied hereunder including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. All such warranties are hereby specifically disclaimed and the company shall not be liable in this respect. No statement, conduct or description by the company or any other person on the company’s behalf, in addition to or beyond this limited warranty, shall constitute a warranty. Or maximum as sole liability to you would be to repair or replace Defective Equipment, and for no additional monetary value.