Signal Zero, Inc.
Terms of Service
Last Updated: July 27th, 2017.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, INSTALLING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES SET FORTH ON THE SITES, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SIGNAL ZERO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
All of the Services are available only for individuals aged 18 years or older.
Modification of Terms of Service and/or Services
Signal Zero reserves the right, in its sole discretion, to modify the Terms of Service at any time and without prior notice. If Signal Zero amends the Terms of Service, it will update this posting on the Sites and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Signal Zero reserves the right to modify, discontinue or terminate any or all Services or stop offering and/or supporting the Services, including, but not limited to, content, hours of availability and equipment needed for access or use, at any time either permanently or temporarily, at which point your license to use the Services or any part of it will be automatically terminated or suspended. If that happens, Signal Zero is not required to provide refunds, benefits or other compensation to you in connection with discontinued elements of the Services or for virtual currency or virtual goods previously purchased or earned.
Additional Terms and Rules for Specific Services
If you use our Services, you must also follow any other guidelines or rules applicable to specific Services and features, including without limitation platforms, contests or competitions, which will be posted online and/or notified to you from time to time (the “Guidelines”). All the Guidelines are incorporated by reference into the Terms of Service. In the event of a conflict between the Terms of Service and the Guidelines, the Guidelines will apply.
In order to use certain features of the Services, you may have to register and create an account with Signal Zero (your “Account”), and as part of that process you will be requested to provide certain information, including without limitation your name and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Signal Zero). Signal Zero reserves the right to suspend or terminate your Account at any time and shall incur no liability for such suspension or termination.
As the holder of your Account, you are solely responsible for complying with the Terms of Service, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account, (ii) access the Services through your Account, or (iii) accept or use prizes, winnings and other representative of value (including without limitation virtual currency or virtual goods, collectively, the “ Winnings”). Neither your Account nor the Winnings are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
By registering for your Account and provide your information to us, you hereby consent to us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Services and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such content anymore.
Ownership and Intellectual Property Rights of Signal Zero
The Services are owned by Signal Zero and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Signal Zero and its licensors exclusively own or control all right, title, and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, moral rights, and other intellectual property rights whether registered or not and all applications thereof. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Signal Zero or its third party licensors without the appropriate owner’s prior written consent.
Signal Zero grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by Signal Zero as part of the Services for your personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Signal Zero, in the manner permitted by the Terms of Service. You hereby acknowledge that no title or ownership in the software is being transferred or assigned and this license is not to be construed as a sale of any rights in the software.
Signal Zero grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Services as provided by Signal Zero, for your personal non-commercial use, in the manner permitted by this Terms of Service. The rights granted herein are subject to your compliance with this Terms of Service.
All rights not expressly granted in the Terms of Service are expressly reserved for Signal Zero.
The term of your licenses to the Services shall commence on the date that you accept the Terms of Service and install or otherwise use the Services, including, without limitation, any mobile apps, and ends on the earlier date of either your disposal of the Services or our termination of the license or the Terms of Service. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you otherwise use the Services in breach of the terms of the Terms of Service.
Tournaments and Competitions
We offer our users the opportunity to participate in certain online skill based tournaments, competitions and other contests with the opportunity to earn Winnings for the winners (collectively, the “ Tournaments”). In order to participate in the Tournaments, you are required to (i) register for an Account with us, (ii) purchase certain virtual currency in the form of power (“ Virtual Currency”) with “real” money or participate in the ‘offer wall’, and (iii) pay the applicable entry fee with such Virtual Currency. If you participate in the Tournaments and win gems, you may be required to sign an affidavit of eligibility and/or a publicity and liability release and to provide such other information reasonably requested by us. A user’s performance and the number of gems they receive, if any, in Tournaments is based on skill. A user’s performance and the number of gems they receive in a Tournament is measured against the community average of other user’s.
Compliance with Laws
You acknowledge that various rules, regulations and laws addressing skill contests, and tournaments with entry fees and/or prizes govern your participation in the Tournaments (the “Gaming Laws”), and that the Gaming Laws are set up by each individual U.S. state, country, territory, or jurisdiction. Therefore, WE DO NOT OFFER TOURNAMENTS TO USERS IN ANY STATE IN WHICH SUCH TOURNAMENT VIOLATES THE APPLICABLE STATE GAMING LAWS (each, a “Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in the Tournaments. In the United States, Prohibited Jurisdictions include: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee. Even if you created your Account outside of the Prohibited Jurisdictions, your access to the Tournaments and related Services may be restricted if you travel or relocate to a Prohibited Jurisdiction. For example, you may not be able to purchase additional Virtual Currency, enter into or participate in Tournaments or cash out Winnings. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We use geo-fencing technology, such as IP address or device GPS location detection, to monitor the location from which you access the Services and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Tournament, you must accurately confirm the location from which you are playing.
In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use the Services (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Tournaments may not be legal for some or all residents of, or persons present in, certain jurisdictions. OUR SERVICES AND THE TOURNAMENTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in the Tournaments is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY TOURNAMENT OR USE OF THE SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Payment for Virtual Currency is set and payable in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. We may change our fees, the applicable entry fees for a Tournament and our billing procedures by updating the Terms of Service or applicable Guidelines with or without notice to you, but no price change will affect your past purchases.
By providing us with a payment method, you (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate and (b) authorize us to charge you for the paid feature of the Services that you choose to purchase. If we make an error on your bill, you must tell us within 60 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 60 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
You may request a withdrawal of the Winnings at any time after the Winnings have been deposited into your account by exchanging them for prizes. In order to receive the Winnings and receive the prizes you requested, we may require that you provide us with proof that you are, or were at the time of your participation, eligible to participate in the applicable Tournament in accordance with the Terms of Service or applicable Guidelines and that your participation was in accordance with such terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. When you withdraw Winnings from your account for prizes, you may be required to submit your social security number or other identifying information. Failure to provide your social security number at that time may result in our inability to process your withdrawal for any Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment. You may be required to report as taxable income the value of any such prizes received by you. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws. We and/or any sponsor who provides a particular prize may report the value of the prize to federal and/or state taxing authorities.
Social Media and Networking Sites
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers, such as Facebook and Twitter (each such account, a “ Third Party Account”) by (i) providing your Third Party Account login information through the Services, or (ii) allowing Signal Zero to access your Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Signal Zero and/or grant Signal Zero access to your Third Party Account, without breach by you of any applicable terms and conditions and without obligating Signal Zero to any liabilities. By linking the Third Party Accounts, you understand that (a) Signal Zero may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, and (b) Signal Zero may submit additional information to your Third Party Account. Subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. You will have the ability to disable the connection between your Signal Zero Account and your Third Party Accounts at any time. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS AND YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Signal Zero makes no effort to review any content provided by Third Party Accounts and is not responsible for any such content.
Restrictions on Use of Services
Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
- Access, tamper with, or use non-public areas of the Sites, Signal Zero’s computer systems, or the technical delivery systems of Signal Zero’s providers; attempt to probe, scan, or test the vulnerability of any Signal Zero system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Signal Zero or any of Signal Zero’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by Signal Zero or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Use hacks, automation software (bots), or any other unauthorized software, hardware, or mechanical device designed to modify the game play experience; employ the use of automated game play software or devices to create a game play advantage; or access the Service from a device emulator;
- Generate queries, or impressions of or clicks on Ads through any automated, deceptive, fraudulent or other invalid means (including, click spam, robots, macro programs, and Internet agents), or encourage or require third parties to click on Ads through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent;
- Manipulate the GPS coordinates of your device to represent anything other than your current physical location;
- Use any meta tags or other hidden text or metadata utilizing a Signal Zero trademark, logo, URL or product name;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
- Forge any TCP/IP packet header, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading or flooding the Sites;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes; or
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content.
The above are examples of prohibited conduct and is not intended to be exhaustive. Signal Zero will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Signal Zero may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Signal Zero has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
In addition, in accessing or participating in the Tournaments, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Tournaments or related Services. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Tournaments, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in the Tournaments), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of the Terms of Service, including any applicable Guidelines, breach of security of your Account or, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Site, the Tournaments and the Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts. If your Account is terminated due to Abuse, Signal Zero is not required to provide refunds, benefits or other compensation to you for virtual goods previously purchased or earned.
License Agreement for Using Specific Applications
You acknowledge and agree that the availability of the Services on mobile devices is dependent on the third party websites from which you download such Services, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that the Terms of Service are between you and Signal Zero and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Services from it. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of the Terms of Service, the more restrictive or conflicting terms and conditions in the Terms of Service apply.
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of our mobile apps. Signal Zero may modify such guidelines in its sole discretion at any time. Signal Zero reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.
Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
During your use of the Services, Signal Zero may license to you certain virtual goods, such as virtual currency items and services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Services. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Signal Zero may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Signal Zero shall have no liability to you or any third party in the event that Signal Zero exercises any such rights.
The Services may allow you to purchase virtual goods with “real” money, for example, through Signal Zero or third party services, including but not limited to, in-app purchases via your App Store, payment processors hired by Signal Zero, a third party online marketplace, your wireless carrier, your credit card company, etc. Signal Zero will store purchase information cumulatively. If you purchase virtual goods through third party services, such as Facebook Credits from Facebook, such transaction is governed by the agreement between you and such third party service provider and Signal Zero is not a party to the transaction. We do not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information. Any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT SIGNAL ZERO IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON (INCLUDING WITHOUT LIMITATION WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARY OR INVOLUNTARY), AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Third Party Sites / Links / Ads
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by Signal Zero of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.
Signal Zero does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Signal Zero will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that Signal Zero shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE SIGNAL ZERO, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Disclaimer of Warranties
YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIGNAL ZERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SIGNAL ZERO DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SIGNAL ZERO MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. SIGNAL ZERO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. SIGNAL ZERO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
FURTHER, SIGNAL ZERO AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER SIGNAL ZERO NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS, THE SERVICES OR ANY E-MAIL OR OTHER COMMUNICATION SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as Signal Zero relate to implied warranties.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ALL OF THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL SIGNAL ZERO, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold harmless Signal Zero, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Service or (2) your use of the Services.
Except if you opt-out or for disputes relating to: (1) your or Signal Zero’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) and (2) violations of provisions of the Terms of Service, above (“ Excluded Disputes”), you agree that all disputes between you and Signal Zero (whether or not such dispute involves a third party) with regard to your relationship with Signal Zero, including without limitation disputes related to the Terms of Service, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Signal Zero hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf.
Neither you nor Signal Zero will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Signal Zero is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Signal Zero or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Service.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Signal Zero can require the other to participate in an arbitration proceeding. To opt out, you must notify Signal Zero in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Signal Zero, Inc., ATTN: Arbitration, 2120 University Avenue #623, Berkeley CA 94704.
You must include your name and residence address, the email address you use for your Signal Zero account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
This arbitration agreement will survive the termination of your relationship with Signal Zero. You agree that any claim you may have arising out of or related to your relationship with Signal Zero must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Termination and Survival
Either party may terminate the Terms of Service for any or no cause, at any time. You may cancel the Services and delete your Account at any time by either using the features of the Services to do so (if applicable and available) or by written notice to firstname.lastname@example.org. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of the Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
The Terms of Service and the resolution of any dispute related to the Terms of Service or the Services shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law.
For any action at law or in equity relating to the arbitration provision of the Terms of Service, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree any legal action or proceeding between Signal Zero and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
If you have any questions or concerns with respect to the Terms of Service or the Services you may contact a representative of Signal Zero at email@example.com.