PLEASE READ THESE TERMS CAREFULLY. BY USING OR REGISTERING A SYSTEM, OR ANY INDIVIDUAL COMPONENT THEREOF, WEBSITE, OR SERVICES, ALL AS DEFINED HEREIN, YOU ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO DO SO ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE A SYSTEM, OR ANY INDIVIDUAL COMPONENT THEREOF, WEBSITE, OR SERVICES GOVERNED BY THESE TERMS.
IN THE CASE OF A CONFLICT BETWEEN ANY PROVISION OF THESE TERMS OF USE AND ANY OTHER PRODUCT-SPECIFIC EULA OR OTHER AGREEMENT THAT YOU HAVE ENTERED INTO WITH SNAP ONE, THE OTHER EULA OR AGREEMENT WILL GOVERN.
1. Introduction and Scope
2. Use of Communication Services
Snap One’s Website or Applications may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group(collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Snap One reserves the right (but has no obligation) to review materials posted to a Communication Service to evaluate and respond to any request, to remove potentially infringing or otherwise objectionable material, and to remove any materials in its sole discretion. Snap One reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Snap One reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, in its sole discretion. Always use caution when giving out any personally identifying information about yourself on any Communication Service. Snap One does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Snap One specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Snap One spokespersons, and their views do not necessarily reflect those of Snap One.
Materials that we post on or upload to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
3. Submissions and Feedback
Snap One does not claim ownership of the materials you provide to Snap One (including feedback and suggestions about Snap One products or services) or post, upload, input, or submit to any Snap One Website or Application or its associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Snap One, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own, or otherwise control, all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to post such Submission.
4. Privacy Policy
Your submission of personal information through the Website, Application, or Product(s) is governed by our Privacy Policy, located here (“Privacy Policy”), where you will find additional information about our collection, use, and sharing of personal information.
5. Services
The features and functions of the Services are described in more detail in the applicable Snap One user documentation and guidelines that are provided to you directly or are available elsewhere on the Website or Application. The Services include any additional features and functionality that Snap One may, in its sole discretion and from time to time, offer to you. Snap One may, in its sole discretion and without notice or liability, modify features and functions of the Services or discontinue Services at any time. If you do not accept such changes to the Services, you may immediately cancel your use of such Services.
6. Eligibility and Registration
You may subscribe to the Services only if you have the legal capacity to form a binding contract with the Snap One. In particular, if you are under 18years of age, you may not register to use the Services and must have someone in your household who is at least 18 years of age register to use the Services. You may not use the Services if Snap One has previously prohibited you from using the Website or Application and/or the Services.
You may be required to register your System in order to use the Services. During the registration process, you may be asked to provide certain information (“User Information”) to Snap One including but not limited to (i) your full name, (ii) your mailing address, (iii) your email address, and (iv) payment information. You agree to provide accurate and complete User Information during the registration process. User Information shall also include any data collected by the Snap One from time to time on the installation, settings, and use of your System, including information obtained for use in data analytics or software development and maintenance services.
User Information is governed by our Privacy Policy. You have the right to update your User Information; or if you would like to withdraw your consent to the collection, storage, and use of your User Information, you may immediately cancel your use of the Services at any time as provided in Section 16 below or email your request to dpo@snapone.com. Please note that if you choose to withdraw your consent to the collection, storage, or use of your User Information, the functionality of your Systems and Services may be impaired to the extent that your information is necessary to such functionality or Services.
7. License Grant and Use Restrictions
(a) Permitted Purpose. Subject to the terms and conditions of this Agreement and any applicable limitations on the number of devices and payment of any applicable fees, Snap One grants you a non-transferable and non-exclusive right (without the right to sublicense) to access and use the Services solely for the purpose of customizing, controlling, and monitoring your System or as otherwise explicitly stated in the documentation for Services (the “Permitted Purpose”).
(b) Certain Restrictions. Your use of the Services is subject to the following restrictions: you agree (i) not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;(iii) not to access the Services in order to build a similar or competitive service; (iv) not to use the Services for any unlawful purpose, or for any purpose other than the Permitted Purpose; (v) that no part of the Services maybe copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (vi) not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Website or Application, the Services, the System, or any other device or property; (vii) not to interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the System, Website, Application, or the Services or violate the regulations, policies, or procedures of such networks; (viii) not to access or attempt to access any of the System or Services by means other than through the interface that is provided by Snap One; (ix) not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the System, Website, Application or the Services; and (x) not to upload files that contain material protected by privacy or intellectual property laws unless you own or control the rights thereto or have received all necessary consents. All rights of every kind that are not expressly granted to you in the body of this Agreement are entirely and exclusively reserved to and by Snap One.
(c) INADDITION, IN NO EVENT DOES SNAP ONE AUTHORIZE ANYONE TO USE ANY SERVICES WHERE THE FAILURE OF THE SERVICES TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT INSIGNIFICANT PHYSICAL INJURY, LOSS OF PROPERTY, OR LOSS OF LIFE. ANY SUCH USE ISENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO INDEMNIFY AND HOLD SNAP ONE HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
8. Government Restricted Rights
The Application is commercial in nature, and is a “Commercial Item,” as that term is defined in 48C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R.§252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R.§12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212,48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R.§52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Application and all related publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users, if at all, with only those rights as granted to all other end users, according to the terms and conditions contained in these Terms of Use.
9. Open Source; Third-Party Content
Certain items of independent, third-party code may be included in the Application that are subject to a third-party license, including without limitation, an open-source license such as the GNU General Public License (“GPL”) or other open-source licenses (“Third-Party Software”). The Third-Party Software is licensed under the terms of the license that accompanies such Third-Party Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Third-Party Software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the applicable license (available at www.control4.com/opensource and/or www.snapone.com/legal).
10. Third-Party Content
The Services may give you the ability to access content controlled or provided by third parties (“Third-Party Content”).
You understand and acknowledge that (i) Third-Party Content remains the property of the applicable third parties, who have the sole right to determine your rights to use such content; (ii) Snap One is not responsible for, and has no editorial control over, any Third-Party Content, and Snap One does not sponsor or endorse any such content; and (iii) Snap One has no control over the distribution of Third-Party Content.
You agree that Snap One will have no liability to you or to any third parties, including but not limited to anyone else who uses your System or Services, related to or arising out of any Third-Party Content. You also agree that the Services shall not be used to illegally copy, display, or otherwise make use of Third-Party Content without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted or trademarked materials may constitute an infringement of the copyright or trademark holders’ intellectual property rights. In addition, steps intended to defeat or bypass security measures designed to prevent infringement of the intellectual property rights of others may be illegal under U.S. law or comparable foreign laws. Snap One reserves the right to terminate your right to access and/or use the Services and delete your account if Snap One believes in good faith that you have used the Services or your System to infringe upon the intellectual property rights of others.
You may also manage and control devices or software manufactured by third parties through your use of the Services. Snap One is not responsible for the functioning of any devices or software not manufactured by Snap One.
11. Subscription Fees and Payment; Taxes
(a) Subscription Fees. Access to some Services is provided on a subscription basis and requires the payment of a subscription fee (“Subscription Fee”). Your subscription may require renewal and payment of a subsequent Subscription Fee upon expiration of the subscription term. You agree to pay any applicable Subscription Fee charged by Snap One in advance. If for any reason you need to reactivate a subscription, you may be charged a reactivation fee. If you register for the Services under a promotional Subscription Fee, some additional restrictions and limitations may apply.
(b) Payment. Where payment is required, access to your account will not be permitted until Snap One has verified that the provided credit card information is accurate and that your credit card account is in good standing, or once payment has been made by another acceptable method. If you choose a subscription option with recurring payments, you agree that Snap One may automatically charge the subscription fee to your credit card at the beginning of each billing period. Snap One reserves the right to suspend or terminate your access to the Services without notices upon rejection of any credit card charges or your card issuer (or its agent or affiliate) seeking a return of payments previously made to Snap One for the Services. Such rights are in addition to and not in lieu of any other legal right or remedies available to Snap One. Snap One reserves the right to refer your account to a third party for collection in the event of an ongoing default, and you agree to reimburse Snap One for any costs incurred by Snap One in the collection of amounts that are past due, including for any reasonable attorneys’ fees and court costs.
(c) Changes in Subscription Fees. Snap One may, in its sole discretion, change fees from time to time and charge additional fees for any features and functionalities that are not a part of the initial Services covered by a Subscription Fee. Snap One will use commercially reasonable efforts to notify you (by email or other such method reasonably selected by Snap One) thirty (30)days in advance of any fee changes or new fees, and you may cancel your Services within such 30-day period if you do not agree to such fee changes in accordance with Section 16.
(d) Taxes. The amounts payable by you to Snap One hereunder are exclusive of any applicable sales, use, value added, excise, or similar taxes that may apply to the transactions contemplated hereunder. You agree to pay to Snap One any such taxes that Snap One is required to collect under applicable law.
(e) Installation Charges. Your independent Control4 Dealer may charge additional fees for their services, including on-site installation and configuration services. Any such services and fees charged by your independent Control4 Dealer are separate and independent from the Services.
12. Certain Control4 Subscription based Products and Services
(a) Control4 Connect. Purchase of an annual subscription to a Services package called “Control4 Connect” is required with the purchase of each new Control4 System to enable platform access, help facilitate continuing, proper System functionality through firmware and software updates, and provide additional features to enhance the functionality of your System, as described in more detail at www.Control4.com/o/connect and elsewhere in the Control4 Application.
Control4 Connect also includes any additional features and functionality that Snap One may, in its sole discretion and from time to time, offer as part of Control4 Connect. In addition, at any time Snap One may, in its sole discretion and without notice or liability, modify or discontinue features and functions of Control4 Connect. If these changes remove any material functionality of Control4 Connect and you do not accept such changes to Control4 Connect, you may immediately cancel your use of the Control4Connect as provided in the Section 16 below.
(b) Control4 Assist. If available in your area, Control4 Connect customers may also sign up for a subscription to an enhanced Services package called “Control4 Assist”. By purchasing Control4 Assist you further agree to the Control4 Assist terms in the Control4 Assist Addendum appended to this Agreement.
(c) Communication. From time-to-time Snap One may need to communicate with you to provide the Services you have purchased or about changes to your account. This will be done using the contact information you provide to Snap One at the time you subscribe to any such Services package.
13. Internet Service Provider Charges
Access to and use of the Services may require the use of an always-on broadband Internet connection, which you are responsible for. Snap One is not responsible for and does not make any assurances about the availability or functionality of any broadband Internet connection. Network protection for your Internet connection is strongly advised to protect your Snap One System against viruses and other types of harm. You are responsible for any service charges for your Internet connection incurred as a result of using or accessing the System, Website, Application, and/or Services, and you agree that you shall be solely responsible for all disputes with any Internet service provider.
14. Additional Representations and Warranties to Snap One
You represent and warrant to Snap One that (i) you are at least 18 years of age and are competent, and you have the authority to enter into this Agreement; (ii) you have provided or will provide Snap One with User Information that is correct and complete; (iii)you will not use the Services in violation of any applicable laws, regulations, or ordinances or for any illegal or unauthorized activities; (iv) you take full responsibility for the actions of anyone to whom you disclose your password or login ID or whom you otherwise allow to access your account, including your agents or employees; and (v) you will never circumvent, compromise, nor attempt to circumvent or compromise any Snap One security measures in connection with the Services.
15. Dealers Are Independent Contractors, Not Agents of Company
You may have purchased your Snap One System or Products from an authorized Control4 integrator, Snap One dealer or distributor (“Dealer”) in your area of your choice. Dealers are independent contractors and service providers, and not employees or agents of Snap One. Accordingly, (i) Snap One makes no representations or warranties with respect to Dealers or their services and shall not be responsible for their acts or omissions, including but not limited to your Dealer’s configuration and/or failure to appropriately configure the Software or any updates there to, and (ii) Dealers have no right to bind Snap One legally or otherwise make commitments on behalf of Snap One.
You are solely responsible to select a competent Dealer that meets your expectations. Such Dealer may offer additional installation, configuration, or ongoing maintenance services. Any disputes which may arise between you and your Dealer are to be resolved between you and your Dealer.
By giving your Dealer consent to access your System remotely, and/or signing up for our Services, you consent to allow Snap One to share collected information and data about your network, system, and associated products with your Dealer in order to provide improved technical, product, and software support through Snap One’s OvrC,Control4 Composer Pro, and other similar remote access and monitoring services. You remain the owner of your personal information and can revoke this consent to Snap One’s use at any time through your System controls or by notifying Snap One directly. Visit www.SnapOne.com/Privacy for more details.
16. Term and Termination
These Terms will remain in full force and effect so long as you continue to use or access the Website, Application, and/or Services, or until terminated in accordance with this Section. You may terminate your account and your right to use the Services for any reason, at any time. Your access to the Services and your account will be terminated upon your written or emailed request, and any unused Subscription Fees that you have paid are nonrefundable.
At any time, Snap One may suspend or terminate your rights to use the Services if Snap One in good faith believes that you have used the Services in violation of this Agreement. If you transfer or assign your System or any portion thereof to a new owner, your right to use the Services with respect to such Products automatically terminates, and the new owner will have no right to use the Services under your account (as described below) and will be required to register for a separate account with Snap One. In addition, Snap One reserves the right to terminate your Services account and this Agreement with or without cause, provided that Snap One gives you at least thirty (30) days advance notice of such termination, except in cases where you have materially breached these Terms or violated applicable law. Upon any such termination of your account by Snap One, you will remain obligated to pay all outstanding fees and charges relating to your use of the Services prior to termination. Snap One will return any unused Subscription Fees that you have paid if your account is terminated by Snap One for any reason other than your breach of this Agreement or violation of applicable law.
17. Ownership
You acknowledge that all right title and interest in and to the Software, Services, Websites, and Applications, including all intellectual property rights therein and thereto, remain the exclusive property of Snap One and its licensors; and this Agreement grants to you no right or interest therein other than the limited rights expressly set forth herein; and Snap One and its licensors and suppliers reserve all rights not granted in this Agreement. The Software, Services, Websites, and Applications as well as all associated documentation and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Snap One and its licensors. Snap One and its licensors reserve all rights in and to the Software, Services, Websites, and Applications not expressly granted to you in this Agreement. The Software, Services, Websites, or Applications are licensed to you, not sold, under this Agreement. There are no implied licenses in this Agreement. All suggestions or feedback provided by you to Snap One with respect to the Software shall be Snap One’s property.
Snap One and Control4 names, brands, and Product names and all related names, logos, designs, and slogans are Snap One’s trademarks. You may not use or display such marks, or any substantial similar marks, in whole or in part in any jurisdiction, without the prior written permission of Snap One. All other names, logos, product and service names, designs, and slogans featured on Snap One’s Products are the trademarks of their respective owners.
18. Indemnification
You agree to indemnify, defend, and hold harmless Snap One and its officers, directors, employees, consultants, agents, and other representatives, from and against any and all suits, claims, actions, proceedings, damages, demands, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to (i) your negligence or willful misconduct; (ii) your use of the Website, Application, or Services; (iii) your breach of any of your representations, warranties, obligations, or covenants in this Agreement; and(iv) your use of Third-Party Content.
19. Availability, Warranty Disclaimers
(a) Availability of the Services. There will be occasions when the Services will be interrupted for maintenance, upgrades, and repairs, or because of failure of telecommunications links and equipment that are beyond the control of Snap One or its licensors. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
(b) Availability of the Services is at Snap One’s discretion. Snap One may choose at anytime not to offer the Services in all countries, or in all states or territories in a particular country, and some plan options or purchasing methods may be unavailable.
(c) THE WEBSITE, APPLICATION, AND/OR THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, ONAN “AS IS” AND “AS AVAILABLE” BASIS, AND SNAP ONE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF ACCURACY, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
(d) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNAP ONE AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, APPLICATION, AND/OR THE SERVICES WILL: (I) MEET YOUR REQUIREMENTS; (II) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAP ONE, ANY DEALER, OR THROUGH THE WEBSITE, APPLICATION, AND/OR THE SERVICES SHALL CREATE ANY WARRANTY WITH RESPECT TO THE WEBSITE, APPLICATION, AND/OR THE SERVICES. FURTHER, SNAP ONE DOES NOT WARRANT THAT THE WEBSITE, THE APPLICATION, THE SERVICES, OR THE SNAP ONE SERVERS THAT PROVIDE YOU WITH DATAAND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE SERVICES. FURTHERMORE, SNAP ONE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROFESSIONAL SERVICES PERFORMED BY ANY SNAP ONE DEALERS.
20. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
(a) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY COST OFPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM (I) SNAP ONE’S PERFORMANCE OR FAILURE TO PERFORM IN ACCORDANCE WITH THIS AGREEMENT; (II) YOUR USE OF THE WEBSITE, APPLICATION, AND/OR THE SERVICES, INCLUDING ANY RELATED HARDWARE; OR (III) THE USE OF THE SERVICES OR YOUR SNAP ONE SYSTEM THROUGH YOUR ACCOUNT BY ANYONE ELSE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOST DATA, PROGRAMMING OR THIRD PARTY CONTENT, LOST REVENUE OR PROFITS, OR BUSINESS INTERRUPTION;
(b) FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD PERSON;
(c) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY SNAP ONE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND SNAP ONE’S REASONABLE CONTROL; OR
(d) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST SNAP ONE MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SNAP ONE’S AND ITS SUPPLIERS’ TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, SYSTEM, AND/OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO SNAP ONE OR SNAP ONE’S AUTHORIZED RESELLER FOR THE SERVICES GIVING RISE TO LIABILITY IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY. YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY WHETHER A CLAIM IS ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES, FORM A MATERIAL PART OFTHIS AGREEMENT, AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY LIMITED REMEDY PROVIDED TO YOU FAILS IN ITS ESSENTIAL PURPOSE.
21. No Liability of App Stores and Other Third Parties
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Application, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement, and they do not own and are not responsible for the Application. Snap One, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Application or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APPLICATION AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
22. Exclusions
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
23. Export Controls
You agree to comply with all export and import laws and restrictions and regulations of any applicable U.S. or foreign agency or authority, and not to export, re-export, or import the Application or any direct product thereof in violation of any such restrictions, laws, or regulations or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Snap One, or any direct product of such commodities, software, or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. government, or any applicable foreign governmental authority, unless properly authorized. As applicable, you and Snap One each shall obtain and bear all expenses and responsibility relating to any necessary Agreement and/or exemptions with respect to its own export or re-export of the Application. The information regarding export laws set forth herein is not necessarily complete, and you should refer to the relevant governmental authority for more information.
24. Updates
Snap One reserves the right to alter Product and Services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents. Snap One may make improvements and/or changes to this System, Website, or Application at any time. Although we attempt to periodically update information on the System, Website or Application, the information, materials, and services provided on or through this Website or Application may occasionally be inaccurate, incomplete, or out of date. This Website or Application contains express or implied forward-looking statements, which are based on current expectations of management. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in any forward-looking statement. Snap One does not have a duty to update information contained in this Website or Application, and Snap One will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy, or currentness of any information on this Website or Application, and we undertake no obligation to update or revise the information contained on this Website or Application, whether as a result of new information, future events or circumstances, or otherwise. It is your responsibility to verify any information contained in this Website or Application before relying upon it. Snap One explicitly disclaims any duty to ensure that the updated Services will interoperate, or continue to interoperate with any external services, software, or devices.
25. Governing Law and Jurisdiction; Waiver of Jury Trial
This Agreement and any claims arising hereunder will be governed by the laws of the State of Utah, excluding principles of conflict or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. To the extent permitted by applicable law, you and Snap One hereby irrevocably submit to the jurisdiction of any Utah state court or United States federal court, in either case sitting in Utah over any suit, action, or other proceeding brought by you, a third party, or Snap One arising out of or relating to these Terms, and you and Snap One hereby irrevocably agree that all claims with respect to any such suit, action or other proceeding shall be heard and determined in such courts. THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED AMONG THEM. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims). THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT, AND RELATED DOCUMENTS, OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THIS TRANSACTION OR ANY RELATED TRANSACTION. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
26. Miscellaneous
Content. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language, and this Agreement will not be construed against the drafting party.
Assignment. You may not assign, sublicense, or transfer any of your rights and obligations under this Agreement to a third party without Snap One‘s prior written consent. Any attempted assignment, sublicense, or transfer without the prior written consent of Snap One shall be null and void.
Enforceability. If any provision of this Agreement is held by a court to be invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable, and the other provisions of this Agreement will remain in full force and effect.
Waiver. Snap One’s failure to enforce any of the terms and conditions of this Agreement shall not constitute a waiver or relinquishment of Snap One‘s right to enforce the terms and conditions of this Agreement at any time.
27. Contact Us
Please do not hesitate to contact us if you have any questions, comments, or concerns regarding these Terms of Use for our products or services generally.
Phone: (866) 424-4489
Email: info@SnapOne.com
Website: www.snapone.com
Last updated: January 2024
Phone
(866) 424-4489
