PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR WEBSITES, PRODUCTS OR SERVICES. IF YOU ARE USING THE SENSORPUSH PRODUCTS OR SERVICES ON BEHALF OF ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON SUCH ENTITY'S BEHALF AND THAT SUCH ENTITY AGREES TO BE RESPONSIBLE TO US IF YOU VIOLATE THESE TERMS.
Cousins and Sears, LLC, dba SensorPush, and its affiliates (collectively, “SensorPush,” “we” or “us”) designs products and tools that track temperature, humidity, and other environmental conditions in various environments. These Terms of Service (“Terms”) govern:
We may modify the Terms at any time, in our sole discretion. If you continue to use the Sites, Software, or Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may no longer use the Sites, Software or Services. Because our offerings continue to evolve, we may change or discontinue all or any part of the Software or Services, at any time and without notice, in our sole discretion.
All of us at SensorPush take your privacy as seriously as you do, and because of that we take great care to collect only the information necessary to provide you with the best product experience. This policy describes what information we collect from you and how we use it to accomplish that mission.
This section focuses on information related to the operation of the public websites available at SensorPush.com and sub-domains Sites. We provide additional details about how we collect and use information in connection with SensorPush products and services in the sections below.
Collection and Use: We collect information about you through our Sites in several ways. This information is used to provide visitors with Software, Services and SensorPush Content, it allows us to understand how you navigate the Sites.
Mailing List Information: You may choose to submit your email address via a submission form located on the Sites. Your email address may be used to send you news about SensorPush related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or other third parties without your permission.
Website Use Information: Like many websites, we and our third-party partners analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit the Sites, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with the Sites’ webpages and with third-party links, traffic and usage trends with respect to the Services, etc. We use session cookies to keep you logged in while you use features of our Sites; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Sites. We use this to remember your information so you will not have to re-enter it, to better understand how you use the Sites and Services and SensorPush Content, to diagnose and fix technology problems, and otherwise enhance the Sites and our offerings. In some of our email messages, we use a “click-through URL” linked to SensorPush Content. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third-party analytics tools (including Google Analytics) to assist us with analyzing and improving the Sites and other offerings. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of the Sites may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms.
Minors: The Sites do not knowingly collect or store any personal information about children under the age of 13.
Data Sharing: Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of the Products, the Software, the Services and the SensorPush Content without asking you first. Period. We do not rent or sell our customer lists. The following are the limited situations where we may share personal information:
For external processing: We have vendors, service providers, and technicians who help with data processing and storage, including providing Support. They may also assist with monitoring our servers for technical problems. These technicians (as well as SensorPush employees and agents) can access certain information about you or your account in connection with this work but these technicians are not allowed to use this data for non-SensorPush purposes.
For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with state and federal laws (or the applicable laws of foreign countries other than the United States).
Your personal information may be collected, processed and stored by SensorPush or its service providers in the United States and other countries where our servers reside. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities, in those jurisdictions.
Security: SensorPush takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to transmit your data securely including HTTPS, TLS/SSL protocol, AES and RSA data encryption. The data is stored using Amazon Web Services. For clarity, data may be transferred by unencrypted Bluetooth technology between the Products and the Apps and, if applicable the SensorPush Gateway. However, SensorPush cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
This section focuses on information related to the operation of the Products, the Software, and the Services.
Consent to international data transfers. Your personal information may be collected, processed and stored by SensorPush or its service providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using the Products, the Software or the Services in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, you consent to the transfer of your personal data to the United States and other countries where SensorPush operates. We have provided you with more information below as to how we protect your personal data when it is transferred internationally.
Product Orders: Contact Information When you place an order, you’ll need to provide an email address, a first and last name, and a shipping address.
Minors: The Products are not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files.
The Products collect:
Environmental data from Products: We collect data from several sensors built into the Products. These sensors collect data such as current temperature and humidity.
Technical information from the Products: We record your Product model and serial number, Software version, and technical information.
Product data is stored locally on your mobile device and is not transmitted to SensorPush. Product data is only transmitted to SensorPush if you utilize the Services, as further detailed below.
Product Usage information: If you have a SensorPush Gateway account or connected mobile device, we record adjustments you make to the Product through the Apps. We store this data along with your email address, information about your mobile device, data collected directly by the Product, a history of your Product settings, and any other information we have collected about your use of the Products and Services.
Setup information you provide: When you set up the SensorPush Gateway, you’ll be asked several questions in order to help us create an account. Such information includes your email address, password (for clarity it is not stored on our server in plaintext; we cannot see the original password), Product ID, Product Name (set by user), account creation time, and last time of most recent login.
Environmental data from the Products: We collect data from several sensors built into the Product. These sensors collect data such as current temperature and humidity. For example, this information includes Product alert settings (min/max temperature and humidity, if set by user), Product calibration offsets (if set by user), temperature and humidity data streams.
Technical information from the Product: We record your Product model and serial number, software version, and technical information. This information includes Product ID, Product name (set by user), Product token from mobile device for push notifications (designed by Apple to not be identifiable across application and installation), Product name (created by user, e.g. Wine Cellar) mobile device identification.
Wi-Fi Network Information: To connect the Product to our Services, or to access your Product over the Internet from a computer, a smartphone or a tablet, you will need to connect the Product to your Wi-Fi network. During setup, the Product will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that the Product can communicate with SensorPush servers and download Software updates.
Additional Authorized Users: SensorPush may provide you with the ability to enable additional authorized users to access your SensorPush Gateway account. If you do so, the additional authorized users may access the data from your Product. Invited users may also add additional authorized users to your account, so be careful to add only those you trust.
Email Addresses: When you create a SensorPush account, we collect and store your email address. From that point forward, your email address is used for communications to you by SensorPush. In addition, SensorPush may provide you with the ability to enable individuals to access your account as additional authorized users, or to invite other individuals such as friends or family to share access to your Product data.
Basic Profile Information: Your account allows you to provide certain basic profile information like your name and email address.
Bluetooth data:The Products are Bluetooth enabled and may broadcast an identifying signal wirelessly. This is used to connect with your Bluetooth-enabled devices (such as a smartphone or tablet).
We provide support services and a Limited Warranty via live chat on our Sites, email request submissions, outbound telephone calls and direct email. We collect any personal information you may choose to provide to our customer care team in the process. This includes, but is not limited to: your name, email address, phone number, and mailing address. We may use and process your personal information, including location information, to handle your support request and provide you with the best support possible.
We use this information to provide, develop and improve our offerings, including to make assessments and recommendations about products and services. We may use your contact details to send you this information, or to ask you to participate in surveys about your use of the Products, and to send you other communications.
We may also use this information in an aggregated, non-identified form for research purposes and to help us make sales, marketing, and business decisions. For example, improving products, adding features, creating new products.
We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.
We use industry-standard methods to keep this information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, SensorPush may process your personal information on servers that are not in your home country.
Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the activation and delivery of the Products. the Software, the Services and SensorPush Content without asking you first. Period. We do not rent or sell our customer lists.
The following are the limited situations where we may share personal information:
We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. This information may also be shared with other users to help them better understand use compared to others in the SensorPush community and help us generally improve our system. We may also share non-personal information with our partners, for example, if they are interested in providing services or other incentive programs to our customers. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.
SensorPush generally stores your personal information on SensorPush’s servers until you delete or edit it, or for as long as you remain a SensorPush customer in order to provide you with the Software and the Services.
As described above, some information is processed and stored directly on the Products. With the exception of Product data transferred using Bluetooth technology between the Product and a mobile device, or if applicable, the SensorPush Gateway, personal information is encrypted as it is transmitted to SensorPush and cannot easily be accessed.
You can access, amend or delete your personal information from SensorPush’s servers through the controls in your account. Because of the way we provide certain Services, after your information is deleted, backup copies may linger for some time before they are deleted, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your personal information to us, we may transfer your personal information to the United States and process it there.
If you have any questions, please contact us: email@example.com.
The SensorPush hardware product you have purchased (“Product”) is subject to the following limited warranty (“Limited Warranty”). This Limited Warranty contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you, in connection with your use of the Product.
SensorPush warrants that the Product will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the ”Warranty Period”). Subject to the “Claims Process,” described below, if a defect in the Product arises within the Warranty Period, SensorPush will, subject to applicable laws, have the option, in its sole discretion to: (a) repair or replace the covered unit with a new or refurbished Product or Product component; or (b) refund the original unit purchase price upon the return of the defective Product.
This Limited Warranty does not cover the following: (a) Products marked as ‘sample’ or ‘Not for Sale’, or sold ‘AS IS’; (b) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by SensorPush; (iii) abuse or misuse of the Product; (iv) breakdowns, fluctuations, or interruptions in electric power or telecommunications network; (v) where the Product is used with a jailbroken or rooted mobile device; (vi) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (vii) use of the Product with any non-SensorPush-branded hardware products, even if packaged or sold with such products; or (c) defects in the Sites, Apps, API, Services, or SensorPush Content. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product.
To initiate a Warranty Claim, you must supply details regarding the date and method of Product purchase and the issue encountered with the Product. Please email our team at firstname.lastname@example.org or you may visit http://www.sensorpush.com/support.
If we determine that you have submitted a valid claim as the original purchaser of the Product prior to the end of the Warranty Period, we will send you a Return Material Authorization (“RMA”). An RMA is required in order to return any Product to SensorPush. You must return the defective Product together with proof of Product purchase from SensorPush or an authorized SensorPush reseller, including date of delivery, to the address specified by us in the RMA. You shall bear all costs of returning the Product to SensorPush, including any insurance you elect to purchase. SensorPush is not responsible for any Product lost or destroyed in shipping during the Claims Process.
You acknowledge and agree that by mailing the Product to us, SensorPush may not return the original Product to you. Upon receipt of the returned Product, SensorPush will determine whether you have met the requirements of the Claims Process. If the Limited Warranty claim is accepted, we will, in our sole discretion: (a) refund amounts paid by you for the Product; or (b) repair or replace the Product and return it to you at our expense. Any such repaired or replaced Product shall be covered by the Limited Warranty for the remainder of the original Warranty Period... If we determine that you have not met the requirements of the Claims Process, we will, in our sole discretion, return the Product to you (subject to your prepayment of shipping costs) or dispose of the Product.
EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY ABOVE, THE PRODUCTS, SITES, SOFTWARE, SERVICES, AND SENSORPUSH CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SENSORPUSH DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT MEASUREMENTS OR RELATED INFORMATION OR DATA YOU RECEIVE THROUGH THE SOFTWARE OR THE SERVICES (“Product Data”) WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT DATA OR USE OF THE PRODUCTS, SERVICES, APPS, API OR SENSORPUSH CONTENT WILL PROTECT YOUR PREMISES OR YOUR PERSONAL PROPERTY FROM ANY DAMAGE OR DESTRUCTION. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT, PRODUCT DATA, SOFTWARE, SERVICES AND SENSORPUSH CONTENT, ARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SENSORPUSH DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER REAL AND PERSONAL PROPERTY, RESULTING FROM YOUR USE OF THE PRODUCT, PRODUCT DATA, SOFTWARE, SERVICES AND SENSORPUSH CONTENT.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SENSORPUSH, OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ("SensorPush Parties") BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY (INCLUDING DEATH); FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS, SITES, SOFTWARE, SERVICES, OR SENSORPUSH CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR OTHERWISE; OR (B) ANY DIRECT DAMAGES INCURRED BY THE ORIGINAL PURCHASER IN EXCESS OF THE AMOUNTS ACTUALLY PAID FOR THE PRODUCT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the liability of SensorPush Parties shall be the minimum permitted under applicable law.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you (a) are 13 years of age or older; (b) have not been previously suspended or removed from the Services; (c) do not have more than one online account with SensorPush; and (d) have full power and authority to be bound by these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
You may connect to the SensorPush Gateway using a device that is manufactured, distributed, or sold by or on behalf of SensorPush; the Apps; the SensorPush API; approved third-party applications; or our Sites. You may not connect to the SensorPush Gateway with: (a) any device that is not manufactured, distributed, or sold by or on behalf of SensorPush (such as a knock off or counterfeit version of a Product); (b) any device that intends to resemble or purports to be a The Product or SensorPush-compatible Product; or (c) any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the SensorPush Gateway. If you have questions about whether we have authorized any third party product or application to access the SensorPush Gateway, please contact email@example.com.
Full use of the SensorPush Gateway is dependent upon your use of a supported mobile device and Internet access. Costs associated therewith are your sole responsibility. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality.
In order to access and use certain features of the Services, you may be required to register for an online account. In order to create an account, you must provide a valid email address and strong password. You are responsible for all activity that occurs in association with your account. SensorPush is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We may need to contact you about your use of the SensorPush Gateway. These communications are part of the Services and you may not opt-out from receiving them. In consideration for your use of the Services, you agree to: (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
As part of the Services, you may receive push notifications, text messages, alerts, emails, or other types of messages sent to you within or outside the Apps ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages (with the possible exception of infrequent, important service announcements and administrative messages) through the Apps or otherwise through your mobile device. Please be aware that third party messaging fees may occur for Push Messages depending on the message plan you have with your wireless carrier.
You hereby expressly acknowledge that SensorPush or its licensors own all legal right, title and interest in the Sites, Software, Services, and SensorPush Content. SensorPush reserves all rights not expressly granted in and to the Sites, Software, Services and SensorPush Content. SensorPush and the SensorPush logo are trademarks that belong to SensorPush. Other trademarks, names and logos associated with the SensorPush offerings are the property of their respective owners. Unless otherwise specified in these Terms, all Product Data is the sole property of SensorPush or its partners or licensors.
SensorPush grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites, Software, Services, SensorPush Content and Product Data solely for your personal, non-commercial use in connection with the Products, and solely in accordance with these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license (including sub-license), transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any of your rights to access and use the Sites, Software, Services, SensorPush Content, or Product Data, or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SensorPush or its licensors, except for the licenses and rights expressly granted in these Terms.
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, Sites, Software, Services, or SensorPush Content ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
At SensorPush, we strive to provide helpful and accurate information to you through the SensorPush Gateway, the Apps and the API. The accuracy of the Product Data collected and presented through the Services, the Apps, and the API are not intended to match that of medical devices or scientific measurement devices. While we aim for the Services, the Apps, and the API to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The SensorPush Gateway, the Apps, and the API are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi and network intermittency, service provider uptime, mobile device providers and carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services, the Apps, or the API. You acknowledge and agree that the Services, whether standing alone or when interfaced with third-party products or services are not intended or certified for emergency response. We make no warranty or representation that use of the Services, the Apps, or the API with any third-party product or service will result in any level of safety. We are not responsible for the accuracy, reliability, effectiveness, or correct use of Product Data. If you rely on any SensorPush Content or Product Data, you do so solely at your own risk.
We may from time to time provide you with an API to facilitate your access to and use of the Services. The API is subject to withdrawal or change at any time and SensorPush shall have no liability for any failure of an API to operate following any changes to the Products, Software or Services. SensorPush makes no representation with respect to the accuracy of any Product Data resulting from use of an API. If you utilize an API, you agree to limit queries to a maximum of one (1) per minute. SensorPush may suspend or terminate your access to the Services through the API for any failure by you, or those acting on your behalf, to adhere to such limit or comply with these Terms in any respect.
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services ("Customer Content"), and its legality, reliability, and appropriateness. You should only upload or post Customer Content that you create or have the right to use and publish. By uploading or posting your Customer Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Customer Content in connection with providing the Services. You agree that we can also make your Customer Content available to other users of the Services, who may view and/or use your Customer Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of Customer Content and delete (or modify) any of Customer Content from the Services for any reason, including if we believe, in our sole judgment, your Customer Content violates these Terms, or threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action if you violate any provision of these Terms, including removing your Customer Content from the Services (or modifying it), suspending or terminating your account, suspending or terminating your access to the Services, or reporting you to law enforcement authorities. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or Customer Content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Customer Content, and your conduct.
You agree not to do any of the following in connection with your use of the Products, Sites, Software, and Services:
You will indemnify and hold harmless the SensorPush Parties, as defined above, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the API, the Apps, the Sites or the Services, (ii) Customer Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
It is our policy to remove, or disable access to, material that infringes any third party copyright on the Sites or accessible through the Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on the Sites or through the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at firstname.lastname@example.org or by mail addressed to SensorPush, PO Box 211, Garrison, NY 10524.
The Sites and the Services may contain links to content or services provided by third parties ("Third -Party Links"). These Third-Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third-Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third-Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third-Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the API or Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to the Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access your account or any Customer Content or Product Data associated therewith.
You agree that any dispute between you and SensorPush arising out of or relating to these Terms, the Products, or the Services (collectively, “Disputes”) will be subject to the following:
Informal Dispute Resolution: We want to address your concerns without resorting to legal action. Before filing a claim against SensorPush, you agree to try to resolve the Dispute informally by contacting email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or SensorPush may bring a formal proceeding.
We Both Agree to Arbitrate: You and SensorPush agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, Brooklyn, New York, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. SensorPush will pay all arbitration fees for claims less than $75,000. SensorPush will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or SensorPush may assert claims, if they qualify, in small claims court located in Brooklyn (NY) or in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Services, Software or SensorPush or Customer Content, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State New York without regard to its conflict of laws principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
No Class Actions: You may only resolve Disputes with SensorPush on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under these Terms.
Judicial Forum for Disputes: You and SensorPush agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Kings County, New York. Both you and SensorPush irrevocably consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to your use of the Products must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SensorPush may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by SensorPush under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) by posting to a Site; or (iii) through an App push notification. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
SensorPush’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SensorPush. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions about these Terms: email@example.com.