Introduction
SIGNAL ID LLC a Delaware Limited Liability Company (hereinafter the “Company”) provides its services and products subject to the conditions contained herein and by visiting any or all of the Company’s websites (“Sites” regardless of whether used singularly or in the plurality) or purchasing any product or service provided including all content related to or associated therewith as well as any products offerings services and transmissions that are connected to or ancillary with such program or service (all the aforementioned are collectively called the “Program”) you agree to be bound by these terms of service as well as any other guidelines rules and additional terms referenced below (collectively “Terms of Service”). If you are unwilling unable or do not agree to be bound by all of these Terms of Service in their entirety do not access or use the Sites or purchase any service or product offered including the Program or become a User of the Sites. You represent and warrant that you have the right authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Company reserves the right to amend Terms of Service from time to time at its sole discretion. It is agreed that any such amendment will apply to you and does not require prior notification to you from the Company.
Informational Use Only; No Reliance on Information
The Company will not accept any refund requests nor will refunds be given for your failure to abide by these guidelines.
The Company does not represent or warrant the accuracy or truthfulness of any particular statement or any information disseminated either on this Site and/or presented in the Program (Collectively the “Services”) and there is no guarantee regarding the content of the Program or your ability to rely on any content of the Program.
Your consent to these Terms of Service acquiesces that the Company shall not be liable or responsible in any way for any action or inaction on your part or for any direct or indirect result of any information provided.
The contents of the Services including the text graphics images information and opinions obtained from the Company’s third-party content providers sponsors suppliers and licensors (collectively "Providers") and any other materials are to be used for informational purposes only. The Services are administered in the United States (US) and intended for US users only; if you are outside of the US you visit the Sites at your own risk; you are responsible for compliance with any local laws applicable to your use of the service or the website.
The Services contains information opinions data software photographs videos typefaces graphics audio and other material (collectively "Content"). The Company only provides a product information website and is not a publisher or distributor with respect to any and all Content supplied by parties other than the Company. Therefore any opinions advice statements services offers or other information that constitutes part of Content expressed or made available by third parties and not by the Company are those of the respective authors or distributors and not of the Company. Neither the Company any of its agents representatives affiliates and partners nor any third party including any Provider guarantees the accuracy completeness or usefulness of any Content of the Services any products offered nor any merchantability or fitness for any particular purpose. In many instances the Content available through the Services represents the opinions and judgments of the respective provider not those of the Company. You should always perform your own independent due diligence.
The Company disclaims any and all warranties or representations of any nature whatsoever regarding the production and distribution of the Program (including the Sites).
Under no circumstances shall the Company be liable for any loss damage or harm caused by a User's reliance on information obtained through the Sites. It is the responsibility of a User to evaluate the information opinion advice or other Content available through the Services.
The Company does not control the Content provided in the Services and does not guarantee the accuracy integrity or quality of such Content. Under no circumstances will the Company be liable in any way for any Content including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of your use and/or misuse of any Content. You are responsible for complying and will comply with all laws applicable to the Content you submit via the Sites and use of the Program. You agree that you must evaluate and bear all risks associated with the use of any Program and its Content including any reliance on anything provided therein its integrity or accuracy.
Changes to the Terms of Service
You agree and understand that these Terms of Service the Sites and/or the Services may be modified by the Company at any time without prior notice and such modifications will be effective upon the Company’s posting of the new terms and/or upon implementation of the new changes on the Sites. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Sites and/or Services after any modifications expresses your explicit acceptance of the modified Terms of Service. Unless expressly stated otherwise by the Company any new features new services enhancements or modifications to the Service implemented after your initial access to the Service will be subject to these Terms of Service.
The Company may terminate these Terms of Service for any reason at any time by posting on the Sites. All provisions of these Terms of Service which reasonably apply after termination hereof will survive termination of these Terms of Service; and specifically Sections 2 (Changes to terms of Service) Section 3 (Ownership and Intellectual Property). Section 8 (Disclaimer) Section 9 (Limitation on Liability) Section 10 (Indemnity) Section 11 (Governing Law) Section 12 (Class Action Waiver) Section 13 (Invalidity and Waiver).
Ownership and Intellectual Property Rights
Unless otherwise indicated the Site is our proprietary property and all source code databases functionality software website designs audio video text photographs graphics and/or Content on the Site and the trademarks service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries and trademark laws and various other intellectual property rights and unfair competition laws of the United States international copyright laws and international conventions. All Content and other elements of the Sites are also copyrighted works. Except for the Content submitted by Users and third-party Content all remaining Content including all copyrights trademarks and other intellectual property or proprietary rights therein is owned by the Company or its licensors. You acknowledge that the Company and any underlying technology or software used in connection with the Site contain the Company’s confidential or proprietary information. You will not copy perform modify reproduce distribute create derivative works of publicly display or in any way exploit any of the content software and/or materials available on Site in whole or in part except as expressly permitted under these Terms of Service. Except as expressly and unambiguously provided herein the Company and its suppliers do not grant you any express or implied rights and all rights in and to the Sites not expressly granted by the Company to you are retained by the Company.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions no part of the Site and no Content or Marks may be copied reproduced aggregated republished uploaded posted publicly displayed encoded translated transmitted distributed sold licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission or the prior written permission of the owner of the copyright.
Provided that you are eligible to use the Site you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the Site the Content and the Marks.
Age Restriction
CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE ANY OF THE SITES NOR PURCHASE ANY PRODUCT OR SERVICE IN COMPLIANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (“COPPA”). If you are between the ages of thirteen (13) and eighteen (18) years of age you may only visit the Sites in conjunction with the permission and under the supervision of your parent or legal guardian who has agreed to the Terms of Service.
Communications
You agree that all agreements notices disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Company may also deliver communications to you electronically. In addition the Company may deliver communications (including legal notices) to you at the street address you provided. Finally the Company may deliver communications to you by any means set forth in any other Company policy or notice published on the Sites.
If you enter into correspondence or engage in any commercial or business activity with any third party in connection with your use of the Sites such activity is solely between you and the applicable third party. The Company will have no liability obligation or responsibility for any such activity. You hereby indemnify and release the Company from all claims arising from such activity.
Software
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”) the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA then we grant to you a non-exclusive revocable personal and non-transferable license to use such software solely in connection with our services and in accordance with these Terms and Conditions. Any Software and any related documentation is provided “as is” without warranty of any kind either express or implied including without limitation the implied warranties of merchantability fitness for a particular purpose or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms and Conditions.
Restrictions on Rights to Use
You agree that you will not (and will not allow any third party to):
- Modify adapt translate create any derivative work of or reverse engineer any portion of the Services;
- Remove any copyright trademark or other proprietary rights notice contained in or on the Services;
- Use any robot spider site search/retrieval application or other automated device process or means to access retrieve or index any portion of the Sites;
- Collect any date which may be accessible on the Sites or through the Services including Information about other Users (including usernames and/or email addresses);
- Reformat or frame any portion of the Sites;
- Create any User account by automated means or under false or fraudulent pretenses;
- Create or transmit unwanted electronic communications such as “spam” to other Users of the Sites or purchasers of the Program or otherwise interfere with other User's enjoyment of the Sites or other User’s enjoyment of the Program;
- Transmit any viruses worms defects Trojan horses or other items of a destructive nature onto or through the Sites;
- Use the Sites to violate the security of any computer network crack passwords or security encryption codes transfer or store illegal material (including those that are deemed threatening or obscene) or impersonate any person or entity;
- Copy use or store any Content available on the Sites or in the Program other than for your own personal use;
- Copy use or store the Program or any part or parcel thereof other than for your own personal use;
- Use any device software or routine that interferes with the proper working or functionality of the Sites (including but not limited to accessing the Program) or otherwise attempt to interfere with the proper working or functionality of the Sites in any manner;
- Take any action that imposes or may impose (as determined in the Company’s sole discretion) an unreasonable or disproportionately large load on our (or our suppliers') IT infrastructure;
- Use any Content marked as obtained from or belonging to the Company its affiliates or any of either’s licensors except in compliance with these Terms of Service;
- Use the Sites intentionally or unintentionally to violate any applicable local state federal or international law or regulation; or
- Register more than one User account;
- Collect or store personal data about other Users in connection with any prohibited activity described in this paragraph.
- Systematically retrieve data or other content from the Site to create or compile directly or indirectly a collection compilation database or directory without written permission from us;
- Trick defraud or mislead us and other users especially in any attempt to learn sensitive account information such as user passwords;
- Circumvent disable or otherwise interfere with security-related features of the Site including but not limited to features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Disparage tarnish or otherwise harm in our opinion us and/or the Site;
- Use any information obtained from the Site in order to harass abuse or harm another person;
- Sell purchase or entice or encourage the sale of any material substance item image or information that would violate federal state and/or local laws in either the jurisdiction in which such material substance item image or information would be sold or purchased;
- Solicit entice or encourage the performance of any act that would violate federal state and/or local laws in either the jurisdiction in which such act would be Solicited enticed or encouraged or the location in which the performance of such act would have occurred;
- Transmit or implant any viruses Trojan horses worms time bombs cancelbots or other disabling devices or other harmful components intended to or that may damage detrimentally interfere with surreptitiously intercept or expropriate any system data or personal information of the Site or other websites;
- Disclose or make available any contractual or fiduciary relationships that are bound to confidentiality by law or otherwise (such as insider information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Use any high volume automated or electronic means to access the Site (including without limitation robots spiders or scripts);
- Use or post language images and/or graphics or engage in any activity that infringes the copyright patent trademark trade secret right of publicity or other intellectual property or proprietary right of any third party;
- Use or post language images and/or graphics or engage in any activity that violates the rights of other Users of the Site;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use the Site in a manner inconsistent with any applicable laws or regulations;
- Engage in unauthorized framing of or linking to the Site;
- Interfere with disrupt or create an undue burden on the Site or the networks or services connected to the Site;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site;
- Copy or adapt the Site’s software including but not limited to Flash PHP HTML JavaScript or other code.
Disclaimer
THE SITES AND ANY PRODUCTS OFFERED ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS. THE COMPANY (INCLUDING ITS SUPPLIERS LICENSORS AGENTS REPRESENTATIVES PARTNERS AND AFFILIATES) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND EXPRESS STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITES THE INFORMATION CONTENT MATERIALS OR PRODUCTS OFFERED ON THE SITES INCLUDING BUT NOT LIMITED TO THE PROGRAM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY (INCLUDING ITS SUPPLIERS LICENSORS AGENTS REPRESENTATIVES PARTNERS AND AFFILIATES) DISCLAIMS ALL WARRANTIES EXPRESS STATUTORY OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT SATISFACTORY QUALITY NON-INTERFERENCE ACCURACY OF INFORMATIONAL CONTENT OR ARISING FROM A COURSE OF DEALING LAW USAGE OR TRADE PRACTICE. THE COMPANY (INCLUDING ITS SUPPLIERS LICENSORS AGENTS REPRESENTATIVES PARTNERS AND AFFILIATES) FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION TEXT GRAPHICS LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITES OR TO ANY CONTENT OR OPINIONS EXPRESSED IN THE PROGRAM. TO THE EXTENT AN IMPLIED WARRANTY CAN NOT BE EXCLUDED SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITES.
The Company does not warrant or covenant that the Sites will be available at any time or from any particular location will be secure or error-free that defects will be corrected or that the Sites are free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Sites including the Program is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or other use accessing of any such material. NOTHING ON THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Although the Company takes utmost efforts to provide accurate helpful information on the Sites nothing contained therein is any professional assurance or opinion and there is no guarantee that anything provided therein or any product service information or opinion fits your particular situation. Nothing stated or presented on the Sites or in the Program are intended to be a substitute for professional medical advice diagnosis or treatment.
Limitation on Liability
The Company will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control including without limitation mechanical electronic or communications failure or degradation (including any so-called "line-noise" interference). WITHOUT LIMITING THE FOREGOING AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE IN NO EVENT WILL THE COMPANY OR ITS AGENTS REPRESENTATIVES PARTNERS AFFILIATES OR SUPPLIERS BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS BUSINESS INTERRUPTION AND/OR DAMAGE OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID IF ANY BY YOU FOR ANY PRODUCT OFFERED ON THE SITES OR (ii) ONE HUNDRED DOLLARS (U.S.$100). IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Indemnity
You agree to defend indemnify and hold the Company its parents subsidiaries affiliates officers agents and employees harmless including costs and attorneys' fees from any claim or demand made by any third party due to or arising out of your (i) use of or access to the Services (ii) purchase of any product offered (including but not limited to the Program) (iii) the violation of these Terms of Service by you (or any third-party using your account or User ID or password if applicable) and (iv) infringement or that of any third-party using your account or User ID or password of any intellectual property or other right of any person or entity in connection with the Services.
You agree to indemnify defend and hold harmless the Company and our officers directors employees agents licensors and suppliers from and against any claims causes of action demands losses expenses damages penalties or other costs including but not limited to reasonable attorneys’ fees brought by third-parties as a result of: (i) your violation of the Terms of Service; (ii) your use of the Sites; (iii) your violation of any law or the rights of a third party.
Governing Law; Dispute Resolution
This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of a dispute regarding this Terms of Service Agreement or the respective rights of the Parties hereunder the Parties agree to submit such dispute exclusively to binding arbitration under Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”) at the discretion of the Party filing such demand for arbitration in Los Angeles California before a single professional arbitrator selected by the Parties or if the Parties cannot agree on an arbitrator appointed by JAMS or AAA as relevant. Any such arbitration shall be commenced within fifteen (15) days of the selection of the arbitrator and the discovery rules contained in the California Rules of Civil Procedure shall apply to all such proceedings in the event the arbitrator does not set out alternative discovery rules. The arbitrator shall order all remedies permitted by law award attorney's fees and costs to the prevailing party and require that the entire proceeding including the existence of the proceeding be held confidential by the Parties and shall not be disclosed by any Party. Any and all orders issued by the arbitrator shall be enforced by a state court of competent jurisdiction located in Orange County California.
Class Action Waiver
This Agreement does not allow class or collective arbitrations or actions and any and all proceedings to resolve claims (for any cause of action and regardless of such whether such claim is with respect to the Sites Program or both) will be conducted only on an individual basis and not in a class consolidated mass or representative action. You agree that you may bring claims against the Company including our affiliate companies only in an individual capacity and not as a plaintiff or class member in any purported class consolidated mass or representative proceeding.
Invalidity and Waiver
If any portion of this Terms of Service Agreement is held invalid or inoperative then so far as is reasonable the remainder of this Terms of Service Agreement will be deemed valid and operative and effect will be given to the intent manifested by the portion held invalid or inoperative. Except to the extent provided otherwise herein the failure by the Company to enforce any term or provision of this Terms of Service Agreement will not constitute a waiver of the Company’s right to enforce any other such term or provision.
Assignment
The Company may assign its rights and duties under this Terms of Service Agreement to any party at any time.
Contact and Violations
Please contact us with any questions regarding these Terms of Service or to report any violations of the Terms of Service.
Privacy
The Company will observe applicable data protection laws and will not use information that does or can be used to personally identify You (“Personal Data”) other than as set out in the Company’s Privacy Policy (“Privacy Policy”).
Subject to Availability
Any prices quotations and descriptions made or referred to on the Sites are subject to availability and may be withdrawn or revised at any time prior to our express acceptance of your order.
While the Company makes every effort to ensure that items appearing on the Sites are available the Company cannot guarantee the immediately available of the Program when you submit your order.
Miscellaneous
No agency partnership joint venture or employment is created as a result of these Terms of Service; and you do not have any authority of any kind to bind the Company in any respect whatsoever.