January 15, 2019
Pocket Drive, provided by BroadTech, LLC and The Signal (collectively, “Our”, “We”, or “Us”), offers certain benefits as listed in the Pocket Drive Agreement (“Service(s)”) provided to you (“You”, “Your”, “User”) at purchase of the Device (as defined below), in part through the use of the Device and a mobile application (“App”). The “Device” means the OBD II Adapter that plugs into the OBD II Port of Your vehicle in support of the Services.
The Device and Service(s) are available for individuals of legal driving age or older. If You are of legal driving age but under the age of 18, then You agree to review these Terms of Service with Your parent or legal guardian to make sure that both You and Your parent or legal guardian understand and agree to the terms of this Agreement and You agree to have Your parent or legal guardian review and accept this Agreement on Your behalf through Our App registration process. If You are a parent or legal guardian entering into this Agreement for the benefit of a child of legal driving age but under the age of 18, then You agree to and accept full responsibility for that child's use of the Device and Service(s), including all financial charges and legal liability that he or she may incur.
To use the Service, You must have a mobile device that is compatible with the Service. We do not warrant that the Service will be compatible with Your mobile device.
Read the following arbitration provision ("Provision") carefully. It limits and waives certain rights, including Your right to obtain relief or damages through court action. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) Pocket Drive, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Terms of Service (collectively, a “Claim”), between You and Us shall be resolved by binding arbitration before a single arbitrator, except that either You or Us may bring a Claim in small claims court (where allowed by law). To begin arbitration, either You or We must make a written demand to the other party for arbitration. The arbitration will take place before a single arbitrator. It will be administered in keeping with the Consumer Arbitration Rules (or their functional equivalent) ("Rules") of the American Arbitration Association ("AAA") in effect when the Claim is filed. You may get a copy of the AAA's Rules by contacting AAA at 120 Broadway, 21st Floor, New York, NY 10271 or visiting www.adr.org. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this Provision means that You give up Your right to go to court on any claim covered by this Provision, except where You or Us decide to proceed in small claims court. There shall be no class action arbitration or relief, and no joinder of parties other than parties to your contract. The arbitration award and/or order shall be final and binding on the parties to the arbitration. You also agree that any arbitration proceeding or small claims court proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated or litigated in any proceeding that is considering Your Claims. You also agree that, by having purchased Pocket Drive and not otherwise canceling it in accordance with the procedures described herein, You consent to and accept the terms of this arbitration provision. In the event this Provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. An arbitration decision may be confirmed by any court with competent jurisdiction.
If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be amended or construed to permit arbitration on behalf of a group or class. This Provision shall inure to the benefit of and be binding on You and Us and this Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Terms of Service.
You and We understand and agree that because of this Provision neither You nor Us will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any claim.
CALIFORNIA RESIDENTS ONLY: The arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7. Nothing herein shall prevent You from bringing an action in a small claims court of appropriate jurisdiction for damages not to exceed $5,000.00. The arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Department of Consumer Affairs. To learn more about this process, You may contact them at 1-800-952-5210, or You may write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, CA 95834, or You may visit their website at www.dca.ca.gov.
Neither the Device nor the Service(s) should be used or relied on as an emergency locator system, used in connection with any hazardous environments requiring fail-safe performance, or used in any other circumstances in which the failure or inaccuracy of that application, the Device, or the Service(s) could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge and agree that We have offered the Device and the Service(s), set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that (i) the warranty disclaimers and the limitations of liability set forth in this Agreement reflect a reasonable and fair allocation of risk between You and Us, (ii) the warranty disclaimers and the limitations of liability set forth in this Agreement form an essential basis of the agreement between You and Us, and (iii) We would not be able to provide the Device or Service(s) to You on an economically reasonable basis without these limitations and disclaimers.
Please read the Privacy Notice, (located at mypocketdrive.com/privacypolicy, and hereby incorporated by reference) carefully for disclosures relating to the collection, use, and disclosure of Your personal information.
Driving Safety; Indemnification and Disclaimer of Warranties
ALWAYS DRIVE SAFELY. YOU MUST ALWAYS EXERCISE CAUTION AND DRIVE IN ACCORDANCE WITH ALL TRAFFIC LAWS, INCLUDING LAWS REGARDING OPERATION OF SMARTPHONES WHILE DRIVING AND APPROPRIATE TO PRESENT ROAD CONDITIONS. DO NOT OPERATE OR ACTIVELY ENGAGE OR USE THE DEVICE, SERVICES(S), APP, OR MATERIALS, AT ANY TIME WHILE THE VEHICLE IS IN MOTION AND YOU ARE THE OPERATOR OF THE VEHICLE. DO NOT RELY ON THE DEVICE, SERVICE(S), APP, OR MATERIALS TO PROVIDE ACCURATE INFORMATION REGARDING DIRECTIONS, ROAD CONDITIONS, VEHICLE CONDITIONS, DRIVING OR SAFETY HAZARDS, OR WEATHER.
The Device, Service(s), and App will remain operational while driving Your vehicle. The information provided by the Service(s) is not intended to provide accurate information regarding directions, road conditions or driving hazards. We do not warrant that the use of the Device, Service(s), App, or Materials, will result in any savings, efficiencies or diagnoses in the operation of Your vehicle or that the detection of mechanical or technical errors in Your vehicle will be accurate or error-free. The Device and Service(s) are not intended to replace the professional advice of a car-care technician or licensed mechanic. You are solely responsible for the care, maintenance, operation, and diagnoses of Your vehicle.
You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any accident, damage, liability, bodily injury or death, that might occur to You, Your passengers, Your property, any third-party claims relating to Your use of the Device, Service(s), and/or App, any violation of the Agreement, or any other actions connected with Your use of the Device, Service(s), and/or App (including all actions taken under Your account), even if the Device or Service(s) contributed in any way to the cause of the accident, damage, liability, bodily injury or death. In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to You shall not eliminate or reduce Your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE DEVICE, SERVICE(S), APP, AND/OR MATERIALS IS AT YOUR SOLE RISK. THE DEVICE, SERVICE(S), APP, AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT THAT (i) THE DEVICE, SERVICE(S), APP, OR MATERIALS WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE DEVICE, SERVICE(S), APP, OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE DEVICE, SERVICE(S), APP, OR MATERIALS WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICE OR MATERIALS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE OF DATA, OR DATA, OR (ii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RESULTING FROM: (1) ACCESS TO, OR THE USE OR THE INABILITY TO USE THE DEVICE, SERVICE(S), APP, MATERIALS OR ANY CONTENT PROVIDED ON OR THROUGH THE SOFTWARE; (2) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DEVICE, SERVICE(S), APP, OR MATERIALS; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (5) THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (6) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (7) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (8) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (9) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE(S); (10) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DEVICE, SERVICE(S), APP, OR MATERIALS BY ANY THIRD PARTY; OR (11) ANY OTHER MATTER RELATING TO THE DEVICE, SERVICE(S), APP, OR MATERIALS.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE DEVICE, SERVICE(S), APP, AND/OR MATERIALS, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE(S) DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Modification to This Agreement
We reserve the right, at Our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Device or Service(s) after the posting of any modifications or changes, constitutes Your binding acceptance of such changes. For any material changes to this Agreement, You acknowledge and agree that any such amended or modified terms shall automatically be effective after they are initially posted.
Ownership and Proprietary Rights
The content, visual interfaces, information, graphics, design, compilation, software (including, but not limited to, the App), and all other elements of the Device or Service(s) (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed through the Device or Service(s) are proprietary to Us, Our affiliated companies and/or third- party licensors. Except as expressly authorized by Us in the End User Licenses Agreement section below, You agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Materials to any other party.
Account Information; Support
The Device and the Service(s) are not available to persons under the legal driving age or to any Users suspended or removed from the Service(s) by Us. You agree that the information You provide to Us upon registration and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times. Updates can be made by calling Us at: 1-800-316-4110.
All support requests may be addressed to Us by phone, via the toll-free number above or by initiating a call to support from within the App. We are available Monday-Friday from 8:00AM to 12:00AM Eastern Standard Time, excluding holiday. We will use best efforts to respond to all queries as quickly as possible. In cases where a solution is not readily known, you will be informed of a timeline for when a solution can be expected. All issues may not be resolvable by Us (for example, if the issue is caused by an issue originating with the manufacturer of the adapter or its wireless data connection).
When You register as a User, You will be asked to create a password. As You will be responsible for all activities that occur under Your password, You should keep Your password strictly confidential at all times and follow best practices for protecting Your account.
YOU MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
We reserve the right to suspend Your account and/or require You to alter Your password if We believe for any reason that Your password is no longer secure.
YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON, UNLESS YOU ARE A CHILD OF LEGAL DRIVING AGE BUT UNDER THE AGE OF 18 AND SHARING YOUR PASSWORD WITH YOUR PARENT OR LEGAL GUARDIAN.
You agree and affirmatively consent that all Communications between You and Us will be conducted electronically. Your consent does not automatically expire and is not limited as to duration. We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) on the App; (3) via text message or mobile message service; or (4) any other method to the extent permissible by law. With respect to text message and mobile messaging service communications, Your carrier may charge You a fee for receiving the message. “Communications” means all notices, reports, documents, disclosures or other information that We are required to provide to You by law, or as reasonably necessary to provide the Service(s). Communications also means any marketing offers We may send through any of the methods identified above or any other electronic medium allowed by law. You may withdraw Your consent to receive marketing Communications electronically by calling Us at 1-800-316-4110 or by turning off your marketing notifications inside the App. You agree to allow Us a reasonable amount of time to process Your request. You may request a paper copy of any Communication by calling Us at 1-800-316-4110. We may charge You a reasonable service fee for a paper copy. If You cannot access Your Communications, You must immediately notify Us so We can help identify the issue, or arrange to have the Communications delivered via alternative means.
It is Your responsibility to provide Us with accurate contact information, including but not limited to a valid e-mail address. You must promptly advise us of any changes in Your contact information. You can update Your contact information through the App. To view any Communication, You will need a mobile device with Internet access.
Payment Terms, Cancellation, and Refund Policy
Other fees, if any, to be charged to You for Your use of the Service(s), are disclosed when You register a device. You agree to pay any fees due for and incurred by Your use of the Service(s). The fees for Your use of the Service(s)may be paid and managed within the App. Please refer to Your App for charges related to the Service(s) and contact Us directly with any questions or comments related to these fees.
Usage Rules and Prohibited Conduct
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use the Device or the Service(s) or any location information displayed within the Service(s) to stalk, harass, abuse, defame, threaten or defraud other users or persons, or collect, attempt to collect, or store location or personal information about Users or persons;
- use the Device or the Service(s) if You are under the legal driving age;
- use the Device or the Service(s) for any commercial or non-private use without Our written consent, it being understood that the Device and the Service(s) are intended for individual, non-commercial use only;
- fail to deliver payment for the Service(s);
- use the Device or the Service(s) for any illegal purpose, or in violation of any local, state, or national law or regulation, or international law or regulation including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- include offensive or pornographic materials in any transmission by or through the Service(s);
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- use the Service(s) with any products, systems, or applications installed or otherwise connected to or in communication with vehicles (other than the Device) or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
- use the Service(s) in connection with hazardous environments requiring fail- safe performance or any application in which the failure or inaccuracy of that application or the Service(s) could lead directly to death, personal injury, or severe physical or property damage;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the Service(s). This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service(s) accounts of other users;
- share passwords or access to Your mobile device while the Service(s) are running and/or accessible, with any third party or encourage any other user to do so;
- misrepresent the source, identity or content of information transmitted via the Device or the Service(s);
- remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Device or the Service(s), digital rights management technologies that are integrated in the Device or the Service(s), features that prevent or restrict use or copying of any content accessible through the Device or the Service(s), or features that enforce limitations on use of the Device or the Service(s);
- intentionally interfere with or damage operation of the Device, the Service(s) or any user's enjoyment of the Device or the Service(s), by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- attempt to gain unauthorized access to the Device or the Service(s), or any part of it, other accounts, computer systems or networks connected to the Device or the Service(s), or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Device and the Service(s) or any activities conducted on the Device or the Service(s);
- use any robot, spider, scraper or other automated means to access the Device or the Service(s) for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Device or the Service(s) or modify the Device or the Service(s) in any manner or form, nor to use modified versions of the Device and the Service(s), including without limitation for the purpose of obtaining unauthorized access to the Device or the Service(s);
- sell or transfer or allow another person to access Your account password, profile, or account; or
- install and use the Device in a vehicle that is not owned, leased, or controlled by You and to which You do not have lawful permission to install and use the Device.
Refusal and Suspension of Service
We reserve the right, but have no obligation, to have Our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, We also reserve the right to disable or suspend access to, any user's use of or access to the Device or the Service(s) and the location information or profiles of other users, for any reason and without any notice, unless otherwise prohibited by law.
Third-Party Sites, Products, and Services
The Device or the Service(s) may include links to other web sites or services. We do not endorse any such linked sites or the information, material, products or services contained on or accessible through other linked sites. Furthermore, We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk.
End User Licenses Agreement
- License Grant. We hereby grant You a non-exclusive, non-transferable, revocable license to download, install and use the App on Your mobile device to access the Service(s). We also hereby grant You a non-exclusive, non-transferable, revocable license to copy and use the Materials in connection with Your personal use of the Service(s).
- Restrictions. You may not:
- modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Materials to any third-party;
- make any copies of the Materials;
- remove, circumvent, disable, damage or otherwise interfere with security- related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App;
- delete the copyright and other proprietary rights notices on the Materials; or
- install or use the Device in a vehicle that is not owned, leased, or controlled by You, or where You do not have permission to install or use the Device in such vehicle.
- Software Upgrades. You acknowledge that We may from time to time issue upgraded versions of the App and that it may be necessary to use the most current version of the App to use the Service(s).
- Open Source. With respect to any open source or third-party code that may be incorporated in the Service(s), such open source code is covered by the applicable open source or third-party license EULA(s), authorizing use of such code.
- Rights Reserved. The foregoing license grants under this Agreement are not a sale of the Materials or any copy thereof and We and Our third-party licensors retain all right, title, and interest in the Materials. Any attempt by You to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under this Agreement.
- Export Control. The Device, Service(s), and App are subject to United States export laws and regulations and 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 Device, Service(s), or App 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 Device, Service(s), and App.
Violations and Termination
You agree that We, in the good faith belief that You have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) for the Service(s) and remove and discard all or any part of Your account at any time. You agree that any termination of Your access to the Service(s) or any portion thereof may be impacted without prior notice, and You agree that We will not be liable to You or any third- party for any such termination. These remedies are in addition to any other remedies We may have at law or in equity.
Digital Millennium Copyright Act Compliance
Digital Millennium Copyright Act Compliance. It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, We will promptly terminate without notice the accounts of Users that are determined by Us to be "repeat infringers." A repeat infringer is a User who has been notified by Us of infringing activity violations more than twice and/or who has had a User Submission removed from the Service(s) more than twice.
If You are a copyright owner or an agent thereof, and You believe that any content hosted on or through the Service(s) infringes Your copyrights, then You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Designated Copyright Agent with the following information in writing:
- 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 on the applicable Service(s) are covered by a single notification, a representative list of such works on the applicable Service(s);
- 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 Us to locate the material;
- Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at:
Legal Copyright Compliance
The Signal, LP
500 Bielenberg Drive
Woodbury, MN 55125
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION.
BY USING THIS DEVICE, SERVICE(S), APP, AND/OR MATERIALS, YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
Please contact 1-800-316-4110 with any questions or comments.