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mmsanotherstage2019.com International, Inc., including all affiliates and also subsidiaries (“mmsanotherstage2019.com”, “us” or “we”) thanks you for selecting one of our mmsanotherstage2019.com, mmsanotherstage2019.com or WeMo products (the “Product”). This End-User License commitment (this “Agreement”) is a legal record that consists of the terms and also conditions under which minimal use of specific Software (as characterized below) the operates with the Product is license is granted to you.
PLEASE check out THIS agreement CAREFULLY prior to INSTALLING OR utilizing THIS PRODUCT.
BY CHECKING the box OR click THE switch TO confirm YOUR ACCEPTANCE as soon as YOU an initial INSTALL THE SOFTWARE, YOU space AGREEING TO every THE regards to THIS AGREEMENT. ALSO, by USING, copy OR installing THE SOFTWARE, YOU room AGREEING TO all THE regards to THIS AGREEMENT. IF YOU perform NOT AGREE TO every one of THESE TERMS, do NOT examine THE crate OR CLICK THE switch AND/OR carry out NOT USE, COPY OR install THE SOFTWARE, and also UNINSTALL THE software FROM ALL gadgets THAT YOU own OR CONTROL. IF YOU carry out NOT expropriate THE terms of THIS AGREEMENT and also YOU purchased A PRODUCT containing THE software FROM an AUTHORIZED RETAILER, RESELLER OR app STORE (AS identified BELOW), YOU may BE ELIGIBLE come RETURN THE PRODUCT for A REFUND, topic TO THE TERMS and CONDITIONS that THE APPLICABLE RETURN POLICY.
This product is software licensed come you through mmsanotherstage2019.com and, where applicable, by mmsanotherstage2019.com’s suppliers. “Software” way any and all firmware programs and associated files noted with respect come the Product; any and also all software application programs, applications or “apps” and also associated files provided with respect to the Product; all modified execution of and also upgrades or renovations to together programs (such together those noted via web-based updates), all subsequent versions of together programs, and all duplicates of such programs and also files. Software does not include any kind of Open source Software (as defined below).
By “you,” we median the purchaser, recipient or other end user the the Product containing the software or the purchaser, receiver or other finish user that the software on a independent basis. “You” may additionally mean a person who has downloaded the software from an authorized website, such as http://www.mmsanotherstage2019.com or indigenous an authorized application sector or store, such as Apple’s app Store or Google pat (each together application market or store is described in this agreement as one “App Store” and collectively as “App Stores”).
1. Patent GRANT. mmsanotherstage2019.com hereby sponsor you the right to use: (i) whereby your Product is not a “Small-Medium company or SMB” branded Product, for her personal, non-commercial purposes; or (ii) wherein your Product is a “Small Medium company or SMB Product, because that your personal or advertising use; duplicates of the software in thing code kind on tools that you own (or, in the case of firmware, one copy the the firmware in thing code form solely top top the Product relating to the firmware). As part of this license, you may (A) run the software application in the manner described in the user documentation for the Software; (B) wherein the software is provided for download ~ above a personal computer or mobile device, make as many duplicates of the software program as girlfriend reasonably need for your very own use (this walk not encompass firmware); and (C) permanently transfer all of your civil liberties to use the Product (including but not minimal to the Software) to an additional person, so long as the person also agrees to it is in bound by this Agreement, and also following such deliver you avoid using the Product and the Software.
You can uncover the user documentation because that the software application on the “Support” web page of the applicable mmsanotherstage2019.com website.
4. UPGRADES and UPDATES. when mmsanotherstage2019.com is not forced to execute so, mmsanotherstage2019.com may administer you through upgrades or updates come this Software. This commitment will govern any kind of upgrades listed by mmsanotherstage2019.com that change and/or complement the original firmware and/or Software, unless such update is accompanied by a separate end user patent agreement, in which instance the terms of that end user license agreement will govern. If you decide not to download and also use an update or update detailed by mmsanotherstage2019.com, you know that you might put the software program at danger to serious security threats or cause the software application to come to be unusable or unstable. Some assets include an auto-update feature, which offers us the capacity to make updates automatically. Girlfriend can adjust auto-update choices by changing your settings within the Product account information. In very restricted cases, updates may still be automatically applied, regardless of the auto-update setting. Because that example, us may administer an automatic update that fixes a defense breach or vulnerability to her network. We may also administer you through updated software application data files automatically to advantage you, such as to administer you through updated an equipment information come identify brand-new devices in her network. These data records do not update your firmware, however consist of Software files that are cached on her Product and also override enlarge files. Through agreeing come this Agreement, girlfriend agree to automatically updates.
“Open source Software” way any software program or software program component or technology that is subject to one open source license. Open source licenses are generally licenses the make source code available for cost-free modification and distribution, but can also apply to modern technology received and distributed solely in object password form. Examples of open source licenses include: (a) GNU"s basic Public license (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla windy License; (d) the Berkeley Software circulation (BSD) License; and (e) the Apache License.
8. 3rd PARTY PRODUCTS and also SERVICES. The Software might contain links or other attributes that make it much easier for you to visit or log-in to independent third-party website (“Linked Sites”). These functions are provided solely together a convenience come you. Connected Sites are not under mmsanotherstage2019.com’s control, and mmsanotherstage2019.com is no responsible or responsible for and also does no endorse the contents or techniques of such connected Sites, including any type of information or materials included on such connected Sites. You will should make your own independent judgment concerning your communication with these attached Sites. You hereby waive and also release any legal claim you might have versus mmsanotherstage2019.com v respect to these sites or third-party assets or services, and your usage of this sites, third-party assets or services. We encourage friend to read the terms and conditions and also privacy plan of each 3rd party website that you pick to visit.
9. INDEMNITY. If mmsanotherstage2019.com is the topic of a claim, becomes associated in a legal proceeding, or suffers any economic lose or damage as a an outcome of her violation that this Agreement, come the extent permitted by law, you will certainly be responsible because that compensating mmsanotherstage2019.com for the full amount the its loss, as well as any reasonable quantities mmsanotherstage2019.com incurs in lawyers" fees, expenses and also court costs, except to the extent that mmsanotherstage2019.com contributed to the loss or damage.
10. TERM. This commitment is efficient when you click the “I Accept” button, or when you in any kind of other way use, copy or download the Software, which will certainly constitute your accept of, and also agreement to, this Agreement. As soon as accepted, this commitment remains in effect until terminated. The minimal license in this commitment will be instantly terminated if friend fail to comply with any type of of the terms and conditions in this Agreement. Girlfriend agree that upon together termination, friend will immediately destroy all programs and documentation that relate to the Software, including all duplicates made or acquired by you, and otherwise cease usage of the Software. If the Software has actually been mounted on a an individual computer or mobile device, you need to uninstall the software application immediately. If the software program is software program or firmware embedded on a Product, you must stop utilizing the Product. All provisions the this agreement except for section 1 and also the restricted warranty in section 12 (the first paragraph) will endure termination.
11. IMPORTANT an alert REGARDING YOUR consumer RIGHTS. part COUNTRIES, claims AND/OR PROVINCES do NOT enable THE exemption OR LIMITATION OF details CONDITIONS, WARRANTIES OR GUARANTEES, AND/OR carry out NOT enable PRODUCTS OR services TO BE sold WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF these LAWS use TO YOU, part OR every one of THE SECTIONS listed below ENTITLED “LIMITED WARRANTY and also DISCLAIMER” and “GENERAL EXCLUSIONS and also LIMITATION of LIABILITY” might NOT use TO YOU. Just THOSE EXCLUSIONS and also LIMITATIONS THAT are LAWFUL IN your JURISDICTION WILL use TO girlfriend AND, IN together INSTANCES, mmsanotherstage2019.com’S LIABILITY will BE restricted ONLY come THE MAXIMUM extent PERMITTED by LAW. THE ENFORCEABILITY that THESE minimal WARRANTIES might VARY based upon THE LOCAL laws APPLICABLE come YOU, and also YOU may HAVE additional RIGHTS relying on WHERE girlfriend LIVE. Because that EXAMPLE, IN AUSTRALIA AND brand-new ZEALAND, ours SOFTWARE and THE MEDIA ~ above WHICH that IS detailed COME through STATUTORY GUARANTEES, INCLUDING regarding QUALITY and also FITNESS because that PURPOSE, WHICH can not BE excluded OR limited UNDER THE AUSTRALIAN consumer LAW OR THE consumer GUARANTEES plot 1993 (NEW ZEALAND) (AS FURTHER explained BELOW).
THIS commitment IS no INTENDED TO and also DOES NOT: (I) adjust OR EXCLUDE any kind of STATUTORY customer RIGHTS that CANNOT it is in LAWFULLY readjusted OR EXCLUDED; OR (II) limit OR EXCLUDE any kind of RIGHT you HAVE versus THE human being WHO sold THE PRODUCT come YOU IF the PERSON has actually BREACHED any SALES CONTRACT v YOU. Girlfriend AGREE TO use THE software application IN COMPLIANCE v ALL APPLICABLE LAWS, consisting of LOCAL laws OF THE country OR an ar IN WHICH girlfriend LIVE OR IN WHICH girlfriend DOWNLOAD OR usage THE SOFTWARE.
CERTAIN LEGISLATION, consisting of THE AUSTRALIAN customer LAW and also THE consumer GUARANTEES action 1993 (NEW ZEALAND) (“CGA”) MAY suggest WARRANTIES OR CONDITIONS, OR IMPOSE promises OR duties ON mmsanotherstage2019.com, WHICH run TO PROTECT details AUSTRALIAN OR new ZEALAND PURCHASERS that GOODS and SERVICES IN various CIRCUMSTANCES ("AU/NZ APPLICABLE LAWS"). Nothing IN THIS agreement EXCLUDES, RESTRICTS OR MODIFIES any type of CONDITION, WARRANTY, GUARANTEE, right OR REMEDY implied OR applied BY any kind of AU/NZ APPLICABLE laws WHICH can not LAWFULLY it is in EXCLUDED, restricted OR MODIFIED. If any kind of condition, vouch or guarantee is implied right into this commitment or applied on mmsanotherstage2019.com under AU/NZ Applicable Laws and cannot it is in excluded, but mmsanotherstage2019.com has a choice of a remedy, climate mmsanotherstage2019.com’s liability for breach that the condition, warranty or guarantee is limited to one or an ext of the following, in ~ mmsanotherstage2019.com’s option: (a) in the instance of goods, the instead of of the items or the supply of equivalent goods, the repair of the products or refunding the payment for the items if it would certainly be unreasonable to mean the commodities to be repaired; or (b) in the case of services, the giving of the solutions again, or the payment that the expense of having actually the services gave again. In enhancement to these remedies a "consumer" (within the definition of the CGA) may insurance claim for any kind of reasonably foreseeable ns (other 보다 loss or damage through palliation of value of the goods) that outcomes from the initial problem.
12. Limited WARRANTY and also DISCLAIMER. mmsanotherstage2019.com warrants that any kind of media (such together a CD or USB stick) on i m sorry the software application is listed will be cost-free from defects in materials and workmanship under normal use because that 90 days from the date of its initial purchase (the “Warranty Period”). If you do an eligible software program media case under this warranty during the Warranty duration (the “Limited Warranty”), mmsanotherstage2019.com will certainly honor this guarantee by instead of the software media. To do a case under this restricted Warranty, return the defective media along with the sales receipt directly to mmsanotherstage2019.com at the complying with address: mmsanotherstage2019.com International, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 90094. This restricted Warranty is void if fail of the media has actually resulted indigenous accident, abuse, or misapplication. Any replacement media will be warranted for the remainder the the initial Warranty period or thirty (30) days, whichever is longer. In relation to consumer who are entitled to the benefit of the CGA, the media on which software is provided comes with guarantees that cannot be excluded under brand-new Zealand law, and also this restricted Warranty is in enhancement to any statutory rights such consumers may have actually under new Zealand law. This minimal Warranty go not use in Australia. consumer in Australia have statutory rights in relation to the Software and also media on i m sorry the software program is listed under the Australian consumer Law.
EXCEPT because that THIS minimal WARRANTY top top MEDIA, topic TO section 11 and also TO THE MAXIMUM degree PERMITTED through APPLICABLE LAW, THE SOFTWARE and also ANY connected PROGRAMS and DOCUMENTATION IS provided TO girlfriend “AS IS,” v ALL FAULTS and WITHOUT WARRANTIES OF any type of KIND. IN THOSE JURISDICTIONS wherein IT deserve to LAWFULLY perform SO, and TO THE MAXIMUM level PERMITTED through APPLICABLE LAW, mmsanotherstage2019.com, its RESELLERS and also ITS carriers HEREBY DISCLAIM and also EXCLUDE ALL other WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING yet NOT restricted TO THE comprise WARRANTIES that MERCHANTABILITY, acceptable OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS because that A certain PURPOSE, lose OF OR damage TO DATA, absence OF VIRUSES OR free FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, absence OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, that THE FUNCTIONS contained IN THE software program WILL meet YOUR REQUIREMENTS, OR that YOUR usage OF OR THE power OF THE SOFTWARE and also RELATED INFORMATION, PROGRAMS and DOCUMENTATION will certainly BE UNINTERRUPTED OR ERROR-FREE, OR the DEFECTS IN THE software WILL it is in CORRECTED, OR the YOUR usage OF THE SOFTWARE and also RELATED INFORMATION, PROGRAMS and DOCUMENTATION will GENERATE ACCURATE, RELIABLE, fashionable RESULTS, INFORMATION, product OR DATA. NO oral OR WRITTEN info OR ADVICE offered BY mmsanotherstage2019.com, A DEALER, agent OR AFFILIATE SHALL produce A WARRANTY. To the level warranties can not be disclaimed or excluded, castle are minimal to the duration of the relevant Warranty Period.
YOUR usage OF THE SOFTWARE, PRODUCT and also RELATED PROGRAMS and DOCUMENTATION IS at YOUR own RISK and DISCRETION. Friend ARE solely RESPONSIBLE for (AND mmsanotherstage2019.com DISCLAIMS) ANY and ALL LOSS, LIABILITY, OR DAMAGES, including TO her HOME, HVAC SYSTEM, electric SYSTEM, PLUMBING, PRODUCT, various other PERIPHERALS linked TO THE PRODUCT, COMPUTER, cell phone DEVICE, and ALL various other ITEMS and also PETS IN your HOME, result FROM her MISUSE of THE SOFTWARE, PRODUCT and also RELATED PROGRAMS and DOCUMENTATION. YOU are RESPONSIBLE because that COMPLYING WITH any kind of SAFETY WARNINGS and PRECAUTIONS that ACCOMPANY THE PRODUCT. IF YOU are NOT COMFORTABLE with USING THE PRODUCT AFTER reading THE security WARNINGS, YOU need to RETURN THE PRODUCT to YOUR location OF PURCHASE and also STOP making use of THE SOFTWARE. Mmsanotherstage2019.com IS no RESPONSIBLE because that (I) your FAILURE come FOLLOW safety WARNINGS, PRECAUTIONS OR any kind of OTHER INSTRUCTIONS detailed WITH THE PRODUCT AND/OR SOFTWARE, (II) her NEGLIGENCE IN usage OF THE PRODUCT AND/OR SOFTWARE, OR (III) her INTENTIONAL MISUSE that THE PRODUCT OR SOFTWARE.
YOU further ACKNOWLEDGE that THE SOFTWARE and ANY associated PROGRAMS and DOCUMENTATION room NOT CERTIFIED for EMERGENCY solution OR plan OR perfect FOR usage IN instances OR atmospheres WHERE FAILURE, delay OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION listed BY THE SOFTWARE could LEAD to DEATH, personal INJURY OR significant PHYSICAL OR environmental DAMAGE, consisting of WITHOUT LIMITATION IN connection WITH THE operation OF nuclear FACILITIES, AIRCRAFT navigating OR communication SYSTEMS, AIR traffic CONTROL, LIFE support OR tools SYSTEMS. YOU know THAT THE PRODUCTS and SOFTWARE space NOT component OF and also DO no CONTAIN A THIRD-PARTY MONITORED EMERGENCY notification SYSTEM. Mmsanotherstage2019.com DOES not MONITOR EMERGENCY NOTIFICATIONS and also WILL not DISPATCH EMERGENCY AUTHORITIES to YOUR house IN THE occasion OF an EMERGENCY. Mmsanotherstage2019.com CUSTOMER assistance CONTACTS can not BE taken into consideration A LIFESAVING SOLUTION and also THEY space NOT A SUBSTITUTE for EMERGENCY SERVICES. All LIFE THREATENING and also EMERGENCY instances SHOULD BE command TO THE appropriate EMERGENCY response SERVICES IN her AREA.
It is your responsibility to earlier up her system, consisting of without limitation, any material, info or data that you may use or own in link with the Product or Software, and mmsanotherstage2019.com shall have actually no liability for your failure to back up your device or any type of material, details or data.
Some mmsanotherstage2019.com Products and Software may monitor energy consumption in the home. Mmsanotherstage2019.com does no guarantee or promise any details level of energy savings or other monetary benefit from the usage of the products or software application or any kind of other feature. Actual power savings and also any linked monetary services vary based upon factors beyond mmsanotherstage2019.com’s regulate or knowledge. From time come time, mmsanotherstage2019.com may use the software program to provide you with info that is unique to you and also your energy usage and suggests an opportunity to save money on power bills if you embrace suggestions or functions of the Product or Software. You identify that this info is not a insurance of actual savings, and also you agree not to seek monetary or various other remedies from mmsanotherstage2019.com if her savings differs. All information listed to you by mmsanotherstage2019.com is detailed “as is” and “as available”. We cannot guarantee the it is correct or as much as date. In instances where it is critical, accessing information through the software is not a substitute for direct access of the details in the home.
13. Basic EXCLUSIONS and also LIMITATION of LIABILITY: part JURISDICTIONS do NOT allow THE exclusion OR LIMITATION OF include WARRANTIES OR of LIABILITY because that INCIDENTAL OR for this reason DAMAGES, so THE FOREGOING restrictions OR EXCLUSIONS may NOT apply TO YOU. THIS agreement GIVES YOU particular LEGAL civil liberties WHICH differ FROM JURISDICTION come JURISDICTION. Come THE MAXIMUM extent PERMITTED through APPLICABLE LAW, IN NO occasion SHALL mmsanotherstage2019.com, the AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR suppliers OR THEIR particular OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS and also ASSIGNS BE liable FOR any kind of INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL damages WHATSOEVER (INCLUDING yet NOT minimal TO loss FOR ns OF earnings OR REVENUE, FOR company INTERRUPTION, FOR personal INJURY, because that LOSS of PRIVACY, for LOSS OF ability TO use ANY third PARTY assets OR SERVICES, FOR failure TO MEET any type of DUTY including OF an excellent FAITH OR of REASONABLE CARE, for NEGLIGENCE, and also FOR any OTHER PECUNIARY OR various other LOSS WHATSOEVER), nevertheless OF THE concept OF LIABLITY (CONTRACT, TORT OR OTHERWISE) developing OUT of OR IN ANY method RELATED to THE use OF OR inability TO use THE SOFTWARE, also IF mmsanotherstage2019.com OR SUCH other ENTITIES have actually BEEN recommend OF THE opportunity OF together DAMAGES. IN NO occasion SHALL THE TOTAL accumulation LIABILITY the mmsanotherstage2019.com, that is AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR service providers TO YOU for ALL loss EXCEED THE LESSER of FIFTY DOLLARS ($50.00) OR THE PRICE you PAID because that THE PRODUCT, THE software OR THE MEDIA include THE SOFTWARE. THIS LIMITATION IS CUMULATIVE and WILL no BE enhanced BY THE existence OF much more THAN ONE incident OR CLAIM. THE FOREGOING limitations WILL apply EVEN IF any WARRANTY OR REMEDY listed FAILS the ITS necessary PURPOSE. Nothing IN THIS ar IS intended TO border THE LIABILITY, UNDER APPLICABLE LAW, of mmsanotherstage2019.com IN relationship TO fatality OR BODILY INJURIES.
IF you LIVE IN THE europe UNION, recommendations TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES" shall MEAN any kind of LOSSES which (I) were NOT reasonably FORESEEABLE through BOTH PARTIES; (II) WERE well-known TO YOU yet NOT to US; AND/OR (III) WERE reasonably FORESEEABLE by BOTH PARTIES but COULD have actually BEEN prevented BY YOU such AS, FOR example (BUT there is no LIMITATION), LOSSES brought about BY VIRUSES, MALWARE OR other MALICIOUS PROGRAMS, OR lose OF OR damage TO your DATA.
The warranties and remedies set out in this agreement are exclusive, and, to the extent permitted through law, in lieu of every others oral or written, to express or implied.
14. EXPORT manage LAWS: friend agree that the use of the software is topic to U.S. And also local export regulate laws and also regulations. Friend represent and also warrant that you room not a citizens of an embargoed or “terrorist supporting” nation or a prohibition or restricted end user under applicable U.S. Or local export and anti-terrorism laws, regulations and lists. Girlfriend agree come strictly comply through all export control laws and regulations and agree no to export, re-export, divert, deliver or disclose any portion of the software application or any type of related technical details or materials, directly or indirectly, in violation of any kind of applicable export legislation or regulation.
15. U.S. Federal government USERS: The Software and also user documentation qualify together “commercial items” as identified at 48 C.F.R. 2.101 and also 48 C.F.R. 12.212. Every U.S. Federal government users acquire the Software and user documentation with just those legal rights herein that apply to non-governmental customers. Usage of either the software or user documentation or both constitutes agreement by the U.S. Federal government that the Software and also user documentation space “commercial computer system software” and also “commercial computer system software documentation,” and constitutes acceptance of the rights and also restrictions herein.
16. Basic TERMS. If any section of this covenant or any kind of of its state is discovered to it is in void or unenforceable by regulation in a specific jurisdiction, such portion or terms shall it is in interpreted and also enforced to the best extent enabled in such jurisdiction, and the remaining provisions or any part thereof will remain in full force and effect. This agreement constitutes the whole agreement between mmsanotherstage2019.com and you through respect come the Software and also your use thereof and supersedes any type of conflicting or additional terms contained in any type of purchase bespeak or elsewhere. No provision of this covenant may it is in waived, modification or superseded other than by a composed instrument accepted by mmsanotherstage2019.com and you. However, the mmsanotherstage2019.com Privacy plan referenced herein is topic to change in the manner explained in the document. Mmsanotherstage2019.com may carry out translations of this commitment as a convenience to users. However, in the event of a dispute or inconsistency in between the English and any non-English versions, the English version of this commitment shall govern, come the degree not prohibited by local law in her jurisdiction. Any type of suppliers that mmsanotherstage2019.com shall it is in direct and intended third-party beneficiaries that this Agreement, including without limitation v respect to the disclaimers the warranties and limitations ~ above liability collection forth herein. Other than as set forth in the preceding sentence, a person or entity that is not a party come this agreement shall no have any type of right come enforce any type of term of this Agreement. No failure or hold-up in exercising any type of right or remedy shall run as a waiver of any such (or any type of other) best or remedy. The language the this agreement shall not be understood strictly because that or against either party, regardless of that drafted together language or was principally responsible for drafting it. The rights and also obligations under this covenant are no assignable by you, and also any attempted assignment shall it is in void and without effect. This commitment shall bind and inure to the advantage of the parties and also their successors and also permitted assigns. In the occasion of any kind of legal proceeding in between the parties arising out that or related to this Agreement, the prevailing party chandelier be entitled to recover, in enhancement to any other relief awarded or granted, the costs and also expenses (including reasonable attorneys’ and expert witness’ fees) occurs in any type of such proceeding.
If girlfriend are located in the united States, section 17 uses to you:
17. ARBITRATION, WAIVER of CLASSWIDE ARBITRATION, GOVERNING law & VENUE.
(A) GENERALLY. Topic TO i 17(D) BELOW, YOU and mmsanotherstage2019.com each ACKNOWLEDGE and AGREE THAT any CLAIM, dispute OR CONTROVERSY between YOU and mmsanotherstage2019.com developing OUT that OR RELATING to (1) THIS AGREEMENT, consisting of THE VALIDITY that THIS SECTION, and also (2) YOUR usage OF software program AND/OR PRODUCT(S) UNDER THIS commitment (COLLECTIVELY, THE “DISPUTE”) chandelier BE addressed EXCLUSIVELY and also FINALLY by BINDING ARBITRATION ADMINISTERED by JAMS, A NATIONALLY recognized ARBITRATION AUTHORITY, PURSUANT to ITS code OF steps THEN IN effect FOR CONSUMER-RELATED DISPUTES. YOU recognize THAT there is no THIS delivery YOU would certainly HAVE had A right TO LITIGATE A dispute THROUGH A COURT prior to A JURY OR JUDGE, and also THAT YOU have EXPRESSLY and also KNOWINGLY WAIVED THOSE RIGHTS and AGREE instead TO RESOLVE any DISPUTES through BINDING ARBITRATION IN ACCORDANCE with THE PROVISIONS the THIS SECTION.
(B) ARBITRATION PROCEDURES and FEES. prior to SUBMITTING A insurance claim FOR ARBITRATION, either PARTY SHALL an initial NOTIFY THE other PARTY TO shot TO fix THE DISPUTE. IF THE problem IS NOT addressed WITHIN 60 work OF such NOTIFICATION, climate THE case WILL it is in SUBMITTED because that ARBITRATION. THE ARBITRATION OF any type of DISPUTE OR insurance claim SHALL BE conducted IN ACCORDANCE v THE then CURRENT and APPLICABLE rules OF JAMS together MODIFIED by THIS AGREEMENT. THE ARBITRATION shall OCCUR before A solitary ARBITRATOR, WHO have to BE A RETIRED referee OR JUSTICE, IN one of SIX local VENUES constant WITH THE to meet PROVISION BELOW. Whether OR no YOU PREVAIL IN THE DISPUTE, SO lengthy AS YOUR claim IS NOT uncovered TO be FRIVOLOUS by THE ARBITRATOR as MEASURED BY ascendancy 11(b) of THE federal RULES OF polite PROCEDURE, you SHALL BE entitled TO it is in REIMBURSED because that YOUR prices OF ARBITRATION, within THE single DISCRETION the THE ARBITRATOR. IF THE ARBITRATION compensation IS equal TO OR greater THAN THE AMOUNT friend DEMANDED IN your ARBITRATION CLAIM, mmsanotherstage2019.com will PAY FOR your REASONABLE and ACTUAL ATTORNEYS’ FEES YOU have INCURRED to ARBITRATE THE DISPUTE, plus A MINIMUM restore OF $2,500. Any kind of DECISION OR compensation BY THE ARBITRATOR rendered IN an ARBITRATION PROCEEDING SHALL it is in FINAL and BINDING ON every PARTY, and MAY BE gotten in AS A referee IN any kind of COURT OF proficient JURISDICTION. IF either PARTY brings A problem IN A COURT OR various other NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE might AWARD THE various other PARTY that REASONABLE COSTS and EXPENSES (INCLUDING yet NOT minimal TO ATTORNEYS’ FEES) incurred IN put on impose COMPLIANCE v THIS BINDING ARBITRATION PROVISION, including STAYING OR DISMISSING together DISPUTE. Any type of ARBITRATION SHALL be CONFIDENTIAL, and NEITHER YOU, nor mmsanotherstage2019.com nor THE ARBITRATOR might DISCLOSE THE EXISTENCE, contents OR results OF any ARBITRATION, except AS may BE required BY regulation OR FOR functions OF ENFORCEMENT OR very nice one OF THE ARBITRATION AWARD. Referee ON any ARBITRATION AWARD might BE entered IN any type of COURT HAVING appropriate JURISDICTION. IF ANY section OF THIS ARBITRATION clause IS determined BY A COURT TO it is in INAPPLICABLE OR INVALID, climate THE REMAINDER candlestick STILL be GIVEN complete FORCE and also EFFECT.
(C) WAIVER of CLASSWIDE CLAIMS; tiny CLAIMS COURT. No YOU nor mmsanotherstage2019.com shall BE licensed has been granted TO join OR CONSOLIDATE insurance claims IN ARBITRATION by OR versus OTHER consumer OR ARBITRATE any CLAIMS as A REPRESENTATIVE OR MEMBER the A course OR IN A personal ATTORNEY general CAPACITY. YOU understand THAT without THIS provision YOU may HAVE had actually A ideal TO ARBITRATE A dispute ON A CLASSWIDE OR REPRESENTATIVE BASIS, and also THAT YOU have EXPRESSLY and KNOWINGLY WAIVED THOSE RIGHTS and also AGREE instead TO ARBITRATE only YOUR very own DISPUTE(S) IN ACCORDANCE through THE PROVISIONS the THIS SECTION. Nevertheless THE above AGREEMENT come ARBITRATE DISPUTES, YOU and also mmsanotherstage2019.com each ACKNOWLEDGE and AGREE the EITHER PARTY MAY, as AN alternative TO ARBITRATION, carry AN INDIVIDUAL action IN little CLAIMS COURT TO resolve A DISPUTE, SO lengthy AS SUCH little CLAIMS COURT walk NOT carry out FOR OR permit FOR JOINDER OR CONSOLIDATION that CLAIMS.
(D) administer LAW; INJUNCTIVE RELIEF. THIS commitment IS to BE taken IN ACCORDANCE WITH and GOVERNED by THE legislations OF THE STATE of CALIFORNIA without GIVING result TO any kind of CONFLICT the LAW rule THAT WOULD cause THE application OF THE legislations OF any type of JURISDICTION to THE RIGHTS and DUTIES of THE PARTIES. HOWEVER, with RESPECT TO software PROVIDED, IF YOU space A CONSUMER and also YOU LIVE IN A country WHERE mmsanotherstage2019.com industries OR promotes THE SOFTWARE, LOCAL law MAY require THAT specific CONSUMER PROTECTION laws OF YOUR country OF RESIDENCE apply TO some SECTIONS the THIS AGREEMENT. IN ADDITION, mmsanotherstage2019.com might SEEK INJUNCTIVE RELIEF IN any COURT having JURISDICTION TO safeguard ITS intellectual PROPERTY RIGHTS. Every OF THE UNITED countries CONVENTION top top CONTRACTS because that THE global SALE of GOODS and also THE UNITED nations CONVENTION ~ above THE LIMITATION duration IN THE global SALE OF items IS HEREBY expressly EXCLUDED and WILL NOT use TO THIS AGREEMENT.
(E) VENUE. except FOR INDIVIDUAL tiny CLAIMS action WHICH deserve to BE carried IN ANY small CLAIMS COURT wherein JURISDICTION and VENUE space PROPER, any type of ARBITRATION, legit SUIT, action OR PROCEEDING arising OUT of OR RELATING to THIS commitment OR any kind of DISPUTE SHALL it is in COMMENCED IN (1) brand-new YORK, new YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, and YOU and mmsanotherstage2019.com each IRREVOCABLY send TO THE to exclude, JURISDICTION and VENUE OF any kind of SUCH PROCEEDING. HOWEVER, because that A problem OF $10,000 OR LESS, girlfriend MAY pick WHETHER THE ARBITRATION IN any kind of OF THE SIX local VENUES PROCEEDS IN PERSON, by TELEPHONE, OR BASED only ON SUBMISSIONS.
If you room located exterior of the joined States, or if section 17 go not apply to girlfriend or is otherwise unenforceable as adjudicated by a court of proficient jurisdiction, then ar 18 uses to you:
18. Administrate LAW. This commitment will it is in governed by California law, without referral to its or any other jurisdiction’s dispute of laws principles. Any action arising out of or relating to this commitment may be carried exclusively in the suitable state or federal court in Los Angeles, California, and mmsanotherstage2019.com and you irrevocably consent come the jurisdiction of such courts and venue in Los Angeles, California. However, if you room a consumer and you live in a nation where mmsanotherstage2019.com sectors or distributes the Software, local law may require that specific consumer protection legislations of your country of residence apply to part sections the this Agreement. In addition, mmsanotherstage2019.com may seek injunctive relief in any court having actually jurisdiction to protect its intellectual property rights. Every of the United nations Convention ~ above Contracts for the international Sale that Goods and also the United nations Convention on the Limitation duration in the worldwide Sale of products is hereby expressly excluded and also will not use to this Agreement.
mmsanotherstage2019.com, LINKSYS, WEMO and many product names and also logos room trademarks that the mmsanotherstage2019.com team of companies. Third-party trademarks discussed are the building of their particular owners.
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