Terms of Service
SensorPush designs products and tools that track temperature and humidity in various environments. These Terms of Service (“Terms”) govern your access to, use of the temperature and humidity monitoring products, websites, the software embedded in SensorPush hardware products (“Product Software”), the SensorPush software, the SensorPush mobile applications, Product Software, including any updates, and other SensorPush services (including the cloud service) (collectively, the “SensorPush Service”) of Cousins and Sears, LLC dba SensorPush and certain subsidiaries and affiliates (collectively, “SensorPush,” “we” or “us”). The Product Software is licensed to you, not sold, and only in accordance with the section entitled “Intellectual Property Rights and Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Product Software. If you are using the SensorPush Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.
We may modify the Terms at any time, in our sole discretion. If you continue to use the Services after we’ve notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may no longer use the SensorPush Services. Because our services continue to evolve, we may change or discontinue all or any part of the SensorPush Services, at any time and without notice, in our sole discretion.
All of us at SensorPush take your privacy as seriously as you do, and because of that we take great care to collect only the information necessary to provide you with the best product experience. This policy describes what information we collect from you and how we use it to accomplish that mission.
This section focuses on information related to the operation of SensorPush products and services, including the SensorPush Sensors, SensorPush Gateway, Mobile Apps, and Services as defined in our Terms of Service (collectively, “SensorPush Products”).
Consent to international data transfers. Your personal information may be collected, processed and stored by SensorPush or its service providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using SensorPush Products in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, you consent to the transfer of your personal data to the United States and other countries where SensorPush operates. We have provided you with more information below as to how we protect your personal data when it is transferred internationally.
Product Orders: Contact Information When you place an order, you’ll need to provide an email address, a first and last name, and a shipping address.
Minors: SensorPush Products are not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files.
What information does the SensorPush Sensor collect?
The SensorPush Sensor collects:
- Setup information you provide
- Environmental data from the sensors
- Technical information from the device
- Environmental data from the SensorPush Sensor sensors: We collect data from several sensors built into the SensorPush Sensor. These sensors collect data such as current temperature and humidity.
Technical information from the device: The SensorPush Sensors, we record your SensorPush Sensor model and serial number, software version, and technical information.
SensorPush Sensor data is stored locally on your device and is not transmitted to SensorPush. SensorPush Sensor data is only transmitted to the SensorPush service if you purchase and deploy the SensorPush Gateway which is further detailed below.
What information does the SensorPush Gateway collect?
Device Usage information: If you have a SensorPush Gateway account or other connected device, we record adjustments you make to the product through the app interface. We store this data along with your email address, information about your Gateway device, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of SensorPush products and services. See below to learn more about the usage information collected through our products.
Setup information you provide: When you install the SensorPush Gateway, you’ll be asked several questions in order to help us create an account. Such information includes your email address, Password (for clarity it not stored on server in plaintext – we cannot see the original password), Gateway Device ID, Gateway Device Name (set by user), Account creation time last time of most recent login.
Environmental data from the SensorPush Sensor sensors: We collect data from several sensors built into the SensorPush Sensor. These sensors collect data such as current temperature and humidity. For example, this information includes Sensor alert settings (min/max temperature and humidity, if set by user), Sensor calibration offsets (if set by user), Temperature and humidity data streams.
Technical information from the device: The SensorPush Sensors, we record your SensorPush Sensor model and serial number, software version, and technical information. For example, this information includes Gateway Device ID, Gateway Device Name (set by user), Device token from mobile device for push notifications (specifically designed by Apple to not be identifiable across application and installation), Sensor name (created by user, e.g. Wine Cellar) Sensor device identification.
What additional information does SensorPush Gateway collect and store when a user connects a SensorPush Product to the Internet or creates an account?
Wi-Fi Network Information: To connect your SensorPush Product to our Services, or to access your SensorPush Product over the Internet from a computer, a smartphone or a tablet, you will need to connect it to your Wi-Fi network. During setup, the SensorPush Product will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with SensorPush servers and download software updates.
Once connected to your Wi-Fi network, your SensorPush Product regularly sends the data described in this Privacy Statement (excluding your Wi-Fi password) to SensorPush to provide you with the Services.
Additional Authorized Users: SensorPush may provide you with the ability to enable additional authorized users to access your account. If you do so, the additional authorized users may access the data on your SensorPush Sensors. Invited users may also add additional authorized users to your account, so be careful to add only those you trust.
Email Addresses: When you create a SensorPush account, we collect and store your email address. From that point forward, your email address is used for communications from SensorPush. In addition, SensorPush may provide you with the ability to enable individuals to access your account as additional authorized users, or to invite other individuals such as friends or family to share access to your content.
Basic Profile Information: Your account allows you to provide certain basic profile information like your name and email address.
Bluetooth data: SensorPush Products are Bluetooth enabled and may broadcast an identifying signal wirelessly. This is used to connect with your Bluetooth-enabled devices (such as a smartphone or tablet).
Information Collected Through SensorPush Product Warranty and Support Services:
We provide support services and a Limited Warranty via live chat on our website, email request submissions, outbound telephone calls and direct email. We collect any personal information you may choose to provide to our customer care team in the process. This includes, but is not limited to: your name, email address, phone number, and mailing address. We may use and process your personal information, including location information, to handle your support request and provide you with the best support possible.
How does SensorPush use the information it collects?
We use this information to provide, develop and improve SensorPush Products and services, including to make assessments and recommendations about products and services. We may use your contact details to send you this information, or to ask you to participate in surveys about your SensorPush use, and to send you other communications from SensorPush.
We may also use this information in an aggregated, non-identified form for research purposes and to help us make sales, marketing, and business decisions. For example, improving products, adding features, creating new products.
We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.
We use industry-standard methods to keep this information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, SensorPush may process your personal information on servers that are not in your home country.
Under what circumstances will SensorPush share my information?
Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the activation and delivery of SensorPush Products and services without asking you first. Period. We do not rent or sell our customer lists.
The following are the limited situations where we may share personal information:
With your explicit consent: We may share personal information when we have your consent. One example of this would be if you permit another user to access your account as an additional authorized user. Another example is if you sign up for programs that we offer through strategic partners we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device.
For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems. These technicians (as well as SensorPush agents or employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-SensorPush purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.
As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, we may disclose information in response to legal process and we may disclose information in response to lawful requests by public authorities in the United States and other countries for the purposes of law enforcement and national security.
We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. This information may also be shared with other users to help them better understand use compared to others in the SensorPush community and help us generally improve our system. We may also share non-personal information with our partners, for example, if they are interested in providing services or other incentive programs. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.
How long does SensorPush save my personal information and how can I delete it?
SensorPush generally stores your personal information on SensorPush’s servers until you delete or edit it, or for as long as you remain a SensorPush customer in order to provide you with SensorPush Products.
As described above, some information is processed and stored directly on the SensorPush device. With the exception of SensorPush data transferred using Bluetooth between the SensorPush Sensor and a mobile device, or if applicable, a SensorPush Gateway, personal information is encrypted as it is transmitted to SensorPush and cannot easily be accessed.
You can access, amend or delete your personal information from SensorPush’s servers through the controls in your account. Because of the way we maintain certain Services, after your information is deleted, backup copies may linger for some time before they are deleted, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your personal information to us, we may transfer your personal information to the United States and process it there.
If you have any questions, please contact us: [email protected].
Your purchase of any SensorPush hardware products (“Products”) is governed by the limited warranty (“Limited Warranty”).
SensorPush Warranty Info
This limited warranty contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Cousins and Sears, LLC DBA SensorPush 540 President Street Brooklyn, New York 11215 (‘Cousins & Sears’ or ‘Company’) warrant that your SensorPush hardware product(s) (the ‘Product’) will be free from defects in materials and the workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the ‘Warranty Period’). Subject to the ‘Claims Process,’ if a defect in the Product arises within the Warranty Period, Cousins and Sears will, subject to applicable laws and at its sole discretion, have the option to:
(a) repair or replace the covered unit with a new or refurbished Product or Product component; or
(b) refund the original unit purchase price upon the return of the defective Product.
Limited Warranty Claims Process:
To initiate the claims process, you will need to supply details regarding the order and the issue encountered. Please email our team at [email protected] or you may visit http://www.sensorpush.com/support.
Cousins and Sears must receive a valid verifiable SensorPush customer’s claim prior to the end of the Warranty in order to obtain remedies under this Limited Warranty. Customer must obtain a ‘Return Material Authorization’ (‘RMA’) from Cousins and Sears and return the defective Product together with proof of Product purchase directly from Cousins and Sears or from an authorized SensorPush reseller, to an address specified by the Company in connection with the RMA.
Customer shall bear the cost of shipping the Product to Cousins and Sears. Customer understands that by mailing the Product to Cousins and Sears, Customer transfers ownership of the Product to Cousins and Sears. The Company may not return the original Product to the Customer. If Cousins and Sears determines that the claim is justified based on this Limited Warranty, then the repaired or replaced Product shall be covered by the remainder of the original Warranty Period and the Company will bear the cost of shipping the repaired or replacement Product to the Customer. Any Product returned without a valid warranty claim or without an RMA will be rejected, returned at sender’s cost (subject to prepayment by sender) or disposed, to be determined in the discretion of the Company.
What This Limited Warranty Does Not Cover:
This Limited Warranty does not cover the following:
- (a) Products marked as ‘sample’ or ‘Not for Sale’, or sold ‘AS IS’;
- (b) Products that have been subject to:
- (i) modifications, alterations, tampering, or improper maintenance or repairs;
- (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Cousins and Sears;
- (iii) abuse or misuse of the Product;
- (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or
- (v) where the Product is used with a jailbroken or rooted mobile device; or
- (vi) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or
- (vii) any non-SensorPush branded hardware products, even if packaged or sold with SensorPush branded hardware. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty.
Disclaimer of Warranties:
ALL IMPLIED WARRRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT ARE DISCLAIMED. This Warranty gives specific rights that apply the purchase of the Product. Some jurisdictions do not permit limitations on how long an implied warranty lasts, so the above limitation may not, under such laws be applicable. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Limitation of Damages:
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL COUSINS AND SEARS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND COUSINS AND SEARS TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
Limitation of Liability:
SENSORPUSH ONLINE SERVICE (‘SERVICES’) PROVIDE INFORMATION (‘PRODUCT INFORMATION’) ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, ‘AS IS’, AND ‘AS AVAILABLE’. COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND COUSINS AND SEARS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.
Terms that Apply to Product Orders:
The software embedded in the Products (and any updates thereto) (“Product Software”) is licensed and governed by the license contained in the Intellectual Property Rights and Software License Section (below). Subject to the terms in this agreement, to the extant a purchase of the SensorPush Gateway includes access to the limited basic SensorPush cloud service to be managed and provided in the SensorPush’s sole discretion.
The SensorPush Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the SensorPush Services, you represent and warrant that you
- (a) are 13 years of age or older;
- (b) have not been previously suspended or removed from the SensorPush Services;
- (c) do not have more than one online account with SensorPush; and
- (d) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
You may connect to the SensorPush Service using a device that is manufactured, distributed, or sold by or on behalf of SensorPush; the SensorPush mobile applications; the SensorPush software; approved third-party applications; or our website (‘Authorized Source’). You may not connect to the SensorPush Service with any device that is not manufactured, distributed, or sold by or on behalf of SensorPush (such as a knock off or counterfeit version of a SensorPush Product); otherwise intends to resemble or purports to be a SensorPush Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the SensorPush Service. If you have questions about whether a product or application qualifies as an Authorized Source, please contact [email protected].
Full use of the SensorPush Service is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the SensorPush Service and it is your responsibility to ensure the equipment’s functionality.
Registration and Account:
In order to access and use certain areas or features of the SensorPush Services, you may be required to register for an online account. We require that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. SensorPush is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We may need to contact you about your use of the SensorPush Service. These communications are part of the SensorPush Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings. In consideration of your use of the SensorPush Services, you agree to
- (w) provide accurate, current and complete account information;
- (x) maintain and promptly update your account information;
- (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and
- (z) promptly notify us if you discover or otherwise suspect any security breaches related to the SensorPush Services.
Alerts and Notifications:
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the mobile application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the SensorPush Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
Intellectual Property Rights and Software License:
Unless otherwise indicated on the SensorPush Services or otherwise by us, the SensorPush Services and all content and other materials therein, including, without limitation, the SensorPush logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of SensorPush or our licensors or users and are protected by U.S. and international intellectual property laws.
The SensorPush Service is intended for non-commercial use. Accordingly, we grant you a limited, non-exclusive, non-transferable, non-sublicensable limited license to
- (1) access and view the Content,
- (2) access and use the software and mobile applications provided by the SensorPush Service, and
- (3) use the Product Software as authorized in these Terms. This license is provided solely for personal non-commercial of the SensorPush Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license (including sib-license), sell (including re-sale), transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content, SensorPush Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SensorPush or its licensors, except for the licenses and rights expressly granted in these Terms.
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
Usage and Limitations of the SensorPush Services:
At SensorPush, we strive to provide helpful and accurate information to you by providing the SensorPush Service, but we make no endorsement, representation or warranty of any kind about any Content, information, services or recommendations. The accuracy of the data collected and presented through the SensorPush Service is not intended to match that of medical devices or scientific measurement devices. While we aim for the SensorPush Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The SensorPush Services are subject to sporadic interruptions and failures for a variety of reasons beyond SensorPush’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the SensorPush Services. You acknowledge and agree that the SensorPush Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. SensorPush make no warranty or representation that use of the SensorPush Services with any third-party product or service will affect or increase any level of safety. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the SensorPush Service. If you rely on any Content or the SensorPush Service, you do so solely at your own risk.
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (“Customer Content”), and its legality, reliability, and appropriateness. You should only upload or post Customer Content that you create or have the right to use and publish. By uploading or posting your Customer Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Customer Content in connection with providing our SensorPush Services. You agree that we can also make your Customer Content available to other users of the SensorPush Services, who may view and/or use your Customer Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of Customer Content and delete (or modify) any of Customer Content from our SensorPush Services for any reason, including if we believe, in our sole judgment, your Customer Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Customer Content from our SensorPush Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our SensorPush Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Customer Content, and your conduct.
You agree not to do any of the following:
Use the SensorPush Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Use the SensorPush Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
Intercept or “sniff” the communication packets between the Products and mobile devices or attempt to reverse engineer SensorPush protocol;
Access, tamper with, or use non-public areas of the SensorPush Services, SensorPush’s computer systems, or the technical delivery systems of SensorPush’s providers;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the SensorPush Services;
Attempt to access or search the SensorPush Services or Content or download Content from the SensorPush Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SensorPush or other generally available third party web browsers;
Submit or transmit any Customer Content that:
- (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- (iii) is fraudulent, false, misleading or deceptive;
- (iv) is defamatory, obscene, pornographic, vulgar or offensive;
- (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
- (vii) promotes illegal or harmful activities or substances;
Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.
Encourage or enable any other individual to do any of the foregoing.
You will indemnify and hold harmless SensorPush and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with
- (i) your access to or use of the SensorPush Service,
- (ii) Customer Content, or
- (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
It is our policy to remove, or disable access to, material that infringes any copyright on our SensorPush Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our SensorPush Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on our SensorPush Services;
your address, telephone number, and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at [email protected] or by mail addressed to 540 PRESIDENT STREET, SUITE 2H * BROOKLYN, NEW YORK, 11215.
Our SensorPush Services may contain links to content or services provided by third parties (“Third -Party Links”). These Third-Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third-Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third-Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third-Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our SensorPush Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.
THE SENSORPUSH SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR ON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the SensorPush Service or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the SensorPush Service or any Content. You acknowledge and agree that if you rely on any Content or the SensorPush Service, you do so solely at your own risk.
Limitation of Liability:
NEITHER COUSINS AND SEARS, SENSORPUSH, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SENSORPUSH SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSORPUSH SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENSORPUSH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, WILL SENSORPUSH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSORPUSH SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SENSORPUSH FOR USE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.
You agree that any dispute between you and SensorPush arising out of or relating to these Terms, the SensorPush Service, or any other SensorPush products or services (collectively, “Disputes”) will be governed as outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against SensorPush, you agree to try to resolve the Dispute informally by contacting [email protected]. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or SensorPush may bring a formal proceeding.
We Both Agree To Arbitrate: You and SensorPush agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Brooklyn, New York, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. SensorPush will pay all arbitration fees for claims less than $75,000. SensorPush will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or SensorPush may assert claims, if they qualify, in small claims court in Brooklyn (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the SensorPush Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State New York without regard to its conflict of laws principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
No Class Actions: You may only resolve Disputes with SensorPush on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: You and SensorPush agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Kings County, New York. Both you and SensorPush consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the SensorPush products or SensorPush Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements.
You may not assign or transfer these Terms, by operation of law or otherwise, without SensorPush’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SensorPush may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by SensorPush under these Terms, including those regarding modifications to these Terms, will be given:
- (i) via email; or
- (ii) by posting to the SensorPush Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
SensorPush’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SensorPush. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions about these Terms: [email protected].