WINDMILL END USER LICENSE AGREEMENT
Effective Date: June 1, 2023
This Application End User License Agreement (“License”) is an agreement between you and The Air Lab, Inc. d/b/a Windmill (“Windmill” or “Company”). This License governs your use of the applications related to our connected products and any and all related documentation, updates, patches and upgrades that replace or supplement any of the applications and which are not distributed with a separate license (individually and collectively, the “Application”).
FOR PURPOSES OF THIS LICENSE, “WINDMILL,” “COMPANY,” "US", "WE" OR "OUR" MEANS AND INCLUDES WINDMILL AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS. “SERVICES” MEANS THE PROVISION OF DIGITAL CONTENT, SOFTWARE, AND SUPPORT FOR DEVICE FUNCTIONS THAT WE PROVIDE. "YOU" MEANS EACH PERSON WHO ACCESSES OR USES THE APPLICATION OR THE SERVICES, WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE APPLICATION OR PERSONALLY UTILIZES THE SERVICES. BY CREATING AN ACCOUNT AND ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITY UNDER YOUR ACCOUNT.
BY DOWNLOADING AND/OR USING THE APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE
By consenting to this License, downloading and/or using the Application, or allowing it to be downloaded and/or used, you acknowledge that:
- a) You are at least 18 years of age or any other legal age required to form a contract in Your jurisdiction and a resident of the United States;
- b) You have the right, authority and legal capacity to enter into this License;
- c) You have read, and you understand and agree to be bound by, the terms and conditions of this License; and
The Application is licensed to you, not sold.
All rights not specifically granted under this License are reserved to Windmill and, as applicable, our licensors.
Your use of the Application is limited to the rights expressly granted by this License. You acknowledge and agree that you shall not use the Application for any purpose other than for non-commercial personal enjoyment, and you shall use the Application in accordance with all applicable laws, rules and regulations. Any commercial use is strictly prohibited.
Except as expressly provided in this License, you shall not - and you shall not permit, encourage or support any third party to - do the following:
- a) Exploit the Application or any parts of the Application commercially.
- b) Make copies of the Application or any part of the Application, or make copies of any materials accompanying the Application.
- d) Sell, rent, lease, license, sub-license, distribute or otherwise transfer the Application, or any copies of the Application, or any rights to use the Application, without the express prior written consent of Windmill.
- e) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or of any component of the Application, in whole or in part.
- f) Modify, remove, disable or circumvent any proprietary notices or labels, product identification, copyright, logo, trademark, or any other intellectual property notices contained on or within the Application.
- g) Export the Application or any copy or adaptation of the Application in violation of any applicable laws or regulations.
- h) Use portions of the Application not made available to you or attempt to access and violate the security of the Application.
- i) Use the Application in violation of any applicable laws and regulations.
Any attempt to do any of the above prohibited actions is a violation of the rights of Windmill and its licensors and may subject you to prosecution and the obligation to penalties, including, but not limited to, payment of damages.
All title, ownership rights and intellectual property rights in and to the Application (including, but not limited to, any patches and updates) and any and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, and any related documentation) are owned by Windmill or licensors of Windmill. The Application is protected by the copyright laws of the United States, by international copyright treaties, and by conventions and other laws. You acknowledge that Windmill owns or licenses all rights in and to the Application, including, but not limited to worldwide statutory and common law rights associated with (a) patents and patent applications; (b) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights;” (c) the protection of trade and industrial secrets and confidential information; (d) trademarks; and (e) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future.
3) App Stores
4) User Accounts
To access or use the Application and the Services, you must become a registered user and open an account and/or log in to your existing account with the Company (“Your Account”). User Accounts are subject to the terms and conditions of the Application or other online service (“Account Terms”). Your decision to provide information required to establish your Account is purely voluntary, but if you choose not to provide it, you may not be able to access the Application or the Services. You may be permitted to save certain information through your Account in connection with your use of this Application. Any information saved through your Account will be subject to the Account Terms.
5) Consent to Use of Data
Company may, in its sole discretion, update or modify the Application to improve the user experience or for other business purposes. Windmill reserves the right to make these updates or modifications with or without prior notice to you and will not be held liable to you for such updates or modifications and their resulting loss of use of the Application or related connected device. Please note that you may need to update your version of the Application to continue using the Application and that failure to do so may limit your ability to use the connected device.
7) Access Fees
You must provide at your own expense the equipment, Internet connection, devices, and service plans necessary to access and use the Application. Windmill does not guarantee that the Application can be accessed and used on all devices and wireless service plans, nor does it guarantee that the Application is available in all geographic locations. When you use the Application, your wireless service provider may subject you to fees for data and/or wireless access. You acknowledge and agree that you are solely responsible for any costs you may incur to access the Application.
8) No Warranties
YOUR USE OF THE APPLICATION, SERVICES, AND ANY ASSOCIATED PRODUCTS IS AT YOUR SOLE RISK. THIS APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and its employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, affiliates, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied as to:
- The Application;
- The Services, functions, features, or any other elements in, or made accessible through, the Application;
- Any products, other services, or instructions offered or referenced at or linked through the Application or Services (except for any specific warranties provided in additional terms that are included with a product that you purchase from us);
- Whether the Application is free from any harmful components (including viruses, Trojan horses, and other technologies) that could adversely affect your device;
- Whether the information (including any instructions) in the Application or Services is accurate, complete, correct, adequate, useful, timely, or reliable;
- Whether any defects to the Application will be repaired; and
- Whether your use of the Application or Services is lawful in any particular jurisdiction.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY PARTIES FURTHER HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS, HACKING OR SECURITY VULNERABILITIES. FURTHER, COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE INCLUDED WITH THE APPLICATION. TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
9) Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Application or Services;
- Your use of or inability to use Application, or the performance of the Application;
- any action taken in connection with an investigation by Company or law enforcement authorities regarding your access to or use of the Application;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Application’s technical operation; or
- any damage to your device, computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Application). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE APPLICATION AND SERVICES AND YOUR RIGHTS UNDER THIS EULA, EXCEED THE COST OF THE CONNECTED DEVICE USED WITH THIS APPLICATION, PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY THE COMPANY AS THE SELLER OF A PHYSICAL PRODUCT.
With respect to any electronic commercial service on a Company website, residents of California are entitled to the following specific consumer rights information: if you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. See also: http://www.dca.ca.gov.
10) Injunctive Relief
You agree that your breach of this License will cause irreparable injury to Windmill for which monetary damages would not be an adequate remedy. Windmill shall be entitled to seek equitable relief in addition to the other remedies it may have by this License or under the applicable law.
You agree to indemnify, defend and hold Windmill, its licensors, partners, affiliates, contractors, officers, directors, employees, agents, and representatives harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions using the Application pursuant to the terms and conditions of this License.
13) Term & Termination
This License shall commence on the date you download the Application and shall continue to be in force and effect for as long as you do not dispose of the Application and as you comply with this License. Your rights under this License will terminate automatically without any notice from Windmill in the event that you fail to comply with any of the terms and conditions of this License. Upon termination of this License, you shall cease all use of the Application and destroy all copies (whether full or partial) of the Application. Additionally, Windmill and/or its licensors reserve the right to change, suspend, remove, or disable access to the Application or the subscription options at any time without notice. In no event will Windmill be liable for the removal of or disabling of access to the Application. You agree that Windmill shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension.
14) Severability and Survival
If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, this provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. Windmill’s failure to enforce any provision of this License shall not constitute a waiver of such provision.
Windmill may assign this License, in whole or in part, at any time without notice to or consent by you.
You acknowledge that you may not assign, transfer or sublicense any or all of your rights or obligations under this License without the express prior written consent of Windmill.
16) Governing Law
The laws of the State of New York, excluding its conflict of law rules, govern this License and Your use of the Application. Your use of the Application may be also be subject to other local, state, national, or international laws.
17) Export Laws
You agree to abide by the export laws applicable in the U.S. as well as any other applicable export laws and you agree not to transfer the Application to any foreign national or national destination, which is prohibited by such laws.
You hereby certify that you are not a person with whom Windmill is prohibited from transacting business under applicable laws. Furthermore, you represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and that (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
18) Dispute Resolution
The parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK.
Any arbitration under this License will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this License must be filed within one (1) year after such claim of action arose or be forever banned.
19) Additional Terms For Apple End Users
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. (“Apple”) devices.
- a) You acknowledge and agree that this License is concluded between you and Windmill only, and not Apple. b) By installing and/or purchasing the Application, provided that you fully comply with the terms and conditions of this License, you are acquiring and Windmill grants you a personal, limited, non-exclusive and non-transferable license to use the Application on authorized Apple devices for personal, non-commercial use, and subject to the Apple Terms and Conditions (also referred to as the Usage Rules) set forth in the relevant App Store Terms of Service. c) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. d) In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Windmill’s responsibility. e) You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party. f) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. g) You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this License, and that, upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against you as a third party beneficiary thereof.
Windmill may, in its sole and absolute discretion, change this License from time to time. Therefore, you agree to review it frequently in the “Settings” section of the Application. Your continued use of the Application will signify your acceptance of the changes to this License as changed. If you object to any such changes, your sole recourse will be to stop using the Application.
If for any reason any provision of this License is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this License shall continue in full force and effect.
The section titles in this License are for convenience only and have no legal or contractual effect. The terms of this License which by their nature should survive the termination of this License shall survive such termination. This License is personal to you and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under this License without consent from you.
Apple, the Apple iPhone, iPod Touch and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Google and Google Play are registered trademarks of Google LLC.
Amazon and Amazon App Store are a trademarks of Amazon.com, Inc. or its affiliates.
23) Entire Agreement
24) Contact Information
For any questions, please contact us at: email@example.com.
25) Windmill Eco Rewards Program Policy
The following Terms and Conditions relate specifically to the Windmill Eco Rewards Program (“Program”) and govern your participation in the Program for all years for which it is in effect.
Windmill may enroll customers in Eco Rewards based on information provided by the customers in the Windmill app, in order to lessen the stress on the electric grid, improve grid reliability, and lower carbon emissions. Customers may override any and all demand response events called as part of this program by adjusting the set temperature of their ACs, and may withdraw from the program entirely by emailing us at firstname.lastname@example.org.
If you enroll or are enrolled in Eco Rewards, you acknowledge and agree that Leapfrog Power, Inc. will process any data provided or made available to Leapfrog Power, Inc. by or on behalf of Customer as set forth in Leapfrog Power, Inc.’s Usage Data Authorization Terms (California terms; New England terms; Texas terms; note: New York terms are incorporated into the Eco Rewards enrollment process).
If you enroll or are enrolled in the program, you will be accepting all the Terms and Conditions contained within this End User License Agreement along with any additional terms presented during enrollment.
- I understand that I am enrolling or have enrolled in the Program. I have one or more Wi-Fi-enabled Room Air Conditioners from Windmill (“Wi-Fi RACs”), and a computer, phone, or device with access to the Internet through a Wi-Fi connection.
- Depending on the model and manufacturing year of my Wi-Fi RAC, I understand that I and my Wi-Fi RAC(s) may or may not be eligible to participate. I also understand that I must have downloaded the ‘Windmill Air’ app, created an account, and connected my Wi-Fi RAC(s) to that account. By participating in the Program, I will enroll, am enrolling, or have enrolled at least one (1) Wi-Fi RAC in the Program. My participation in the Program may be rewarded with cash, non-cash rewards, or other incentives as described herein and at future dates by the Company.
- I understand that the Program enables the Company to reduce the overall energy or power demand during peak periods this summer (generally speaking, but not limited to, May 1 through September 30), typically on weekdays when people tend to use the most electricity to cool their spaces. The Company expects to have at least three (3) and as many as ten (10) “Conservation Events” or “Events” each summer, each lasting for up to four (4) hours. The timing, number, and length of Events may vary from year to year, at the sole discretion of the Company and its service partners. I understand that I may be notified of an Event the day before it occurs, but also understand that the Company may initiate Events without notifying me, especially in the case of electric grid emergencies.
- I understand that during an Event, the Company will remotely change the settings of my Wi-Fi RAC, including but not limited to, how often my room air conditioner turns on and off, the temperature setpoints of my room air conditioner(s) such that they turn on and off at a slightly higher temperature, etc. The Program’s goal is to reduce my overall energy or power use during periods of peak demand while continuing to keep my space comfortable. I understand that I may opt out of (i.e., not participate in) any Event, but doing so may preclude my ability to earn incentives.
- I understand that it is my overall responsibility to manage my electricity consumption for my Wi-Fi RAC(s) and all of the other energy-using devices in my home or small business (both during Events and outside of Events), including any charges that I may incur for such use.
- I understand that the Company may share Information about the use and operation of my Wi-Fi RAC(s) with other partners or service providers (“Partners”), but only as necessary for the execution of Conservation Events and administration of the Program or if compelled by law to do so. "Information" includes but is not limited to, energy or power use data, the dates and times when Events occurred, whether or not I participated in the Events, etc. Any Partners may be disclosed to me at the time I authorize the sharing of my home meter data.
- If my Wi-Fi RAC(s) is in New York: in accordance with Section 2C(B)(1) of the Uniform Business Practices for Distributed Energy Resource Suppliers (UBP-DERS) of the State of New York Public Service Commission, by submitting an application to enroll in the Program, I authorize the Company to:
- Collect information that I submit as a part of my application for the Program, which will include my contact information, as well as utility account number; and
- Disclose this information to other Partners for use in connection with administering the Program and sending me emails and other notifications, as described herein.
- This authorization shall be valid until the expiration of the Program. If I am automatically re-enrolled in the Program as described below, this authorization will remain valid through the end of the then-current Program period.
- Unless the Company or its Partners are prohibited by law from doing so, they will use reasonable efforts to provide me with written notice of any requirement that they disclose my individual Information before they disclose the Information, so that I may seek a protective order or other appropriate remedy.
- I understand that my individual Information will not be made available publicly by the Company or any Partners, but it will be grouped and analyzed anonymously along with Information from other Program participants, and the anonymous, aggregated results may be made public.
- I will maintain an account with the company that presently provides my Wi-Fi Internet connection, or with another provider of a Wi-Fi connection, throughout my participation in the Program.
- I will answer all questions and surveys that the Company presents to me, to the best of my ability, during my participation in the Program.
- If my Wi-Fi RAC(s) are not connected to the Company’s app through Wi-Fi, I may be contacted by the Company (by phone, email, text, or other means) to have my account activated, or otherwise troubleshoot my equipment. If I have a problem with my Wi-Fi RAC(s), I will promptly notify the Company’s customer experience team at email@example.com.
- I provide my express consent to receive Text/Call Alerts from the Company at the telephone number provided (which calls/texts may be auto-dialed and/or use artificial or pre-recorded voices). I understand that my consent to receive Text/Call Alerts and other texts/calls is not required in order to obtain access to the Program and/or rewards. Standard Messaging & Data Rates may apply. You may stop or cancel text messages according to the instructions provided via text.
- If I have any questions about the Program or the operation of any of the Wi-Fi RAC(s), I will reach out to the Company’s customer experience team at firstname.lastname@example.org.
- If at any time I decide to not participate in the Program, or if I plan to terminate my utility account or move from my current address to a location outside the utility’s service territory, I will contact the Company’s customer experience team at email@example.com. I understand that I may forfeit my eligibility to participate in the Program or to receive and/or redeem rewards in the discretion of the Company.
- I understand that if I do not notify the Company’s customer experience team that I no longer wish to participate in the Program, my enrollment will automatically continue during subsequent Program periods and years under these Terms and Conditions, unless the Company adopts new Terms and Conditions. I further understand that the Company may change or discontinue the Program at any time. (For more information regarding changes to or termination of the Program, see “Modifications and Termination of the Program” below).
- I understand that in order to be eligible for any incentives or rewards, I must set up my Wi-Fi RACs so that they are actively reporting my air conditioner’s energy or power usage data to the Company.
Modifications and Termination of the Program
- The Company may elect to terminate the Program at any time, for any reason. Announcement of any Program termination, and notification of any changes to these terms and conditions, will be made either by email message, in-app message, a posting on the Company website located at windmillair.com, or an update to the Company’s End User License Agreement in its app. Any changes to these Terms and Conditions will be effective immediately upon such notice, and my participation in the Program constitutes acceptance of any such changes.
Rights of the Company
- The Company reserves the right to terminate the participation of anyone who engages in any fraudulent activity or actions in violation of the terms and conditions of this Program. Termination may result in disqualification of eligibility to receive rewards and/or any other incentives for participation in the Program.
Limitation of Liability
- The Company is not responsible for incorrect or inaccurate transcription of information, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the website or online service, or for any other technical or non-technical error or malfunction. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, ITS PARTNERS, OR ANY OF THEIR RESPECTIVE RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, TRUSTEES, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, "RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, I WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND THREE (3) MONTHS AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
These Terms and Conditions, together with any terms and conditions, authorizations, or consents I accept when enrolling in the Program, constitute the entire agreement between me and the Company (and any of Company’s service providers or partners) pertaining to the subject matter hereof. No waiver of any of the provisions of these Terms and Conditions shall be deemed or constitute a waiver of any other provisions hereof (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.