PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE SITE AND SERVICES. THIS AGREEMENT LIMITS OUR LIABILITY TO YOU, REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND HAVE YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
- Binding Effect.
You must be at least eighteen (18) years old to use the Site. You represent that you are of legal age to form a binding contract. Your use of the Site and Services are subject to all applicable federal, state and local laws and regulations. You represent that all information you have submitted to Sentinel, online or otherwise, is accurate and complete, and that you have not submitted false information on or through the Site. If you are agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement.
- Term and Termination.
This Agreement may be terminated by Sentinel if you breach any of the provisions set forth in this Agreement. Termination shall be without prejudice to any other right or remedy to which we may be entitled under this Agreement or at law. Upon termination we may restrict, suspend, or terminate your access to the Services and all or any part of the Site, with or without notice. Sentinel may also terminate your use of and access to the Site and Services at any time. If Sentinel terminates your use of and access to the Site and/or Services for any reason other than your breach of this Agreement, if applicable, Sentinel will provide a partial refund of the monthly fee for the month in which the termination is effective, based on the number of days remaining in that month which shall be your sole remedy for such termination.
- Identity Verification; Account and Password.
User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We may now or in the future allow you to maintain an account to facilitate your transactions on the Site or as a condition to receive our Services. If you register for an account, you are responsible to maintain your account identification number, password and any card or similar item (“Account ID”) with care to avoid inadvertent disclosure or unauthorized use. You must immediately select a new Account ID and password if you believe your password may have become known to an unauthorized person. You are responsible for all uses of your account, whether or not authorized by you. You may not use the account, username, or password of anyone else at any time. You acknowledge that Sentinel and its members, managers, employees, contractors, representatives, agents and affiliates will have no liability to you for any unauthorized transaction made on your account. Further, we may suspend or cancel your Account or your access to the Site at any time even without receiving notice from you if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
- Remote Access Service and Scene Scheduling.
You may receive real-time notifications and utilize other features, functionalities and benefits of our Products and Services (“Remote Access Service”) through a compatible portable enabled electronic device, like a mobile device, smart phone or tablet, or through a personal computer (“Electronic Device”). Such notifications include without limitation alerts when our Products detect a leak or alerts of technical difficulties such as no device connection to Wi-Fi. It is your sole responsibility to assure that your Electronic Device is at all times compatible with our Products and Services and are connected to Wi-Fi. Sentinel is not responsible for lost or faulty internet connections, issues of incompatibility, and any acts of user override, all of which may negatively hinder or thwart our Products’ ability to detect water leaks and/or abort, end early, or prevent from starting our Services and notifications of water leaks to you and/or your designated contacts.
When using the Remote Access Service, it is your responsibility to monitor your Products and Electronic Device and to ensure that our notifications (including any leakage event messages or incompatible notifications) can be relayed to you and/or your designated contacts. Further, it is your responsibility to determine the appropriate response to all information, events and other notifications you receive while using the Remote Access Service, and you accept that you are entirely responsible for your response and that of your designated contacts (if any). You accept full responsibility for any costs while using the Remote Access Service. If you select to receive notifications via texts, you acknowledge that there may be SMS restrictions or fees based on your cellular service provider.
You are fully responsible for establishing the settings of our Product(s) and Remote Access Service. Such settings include without limitation the default mode of our Products (i.e., home, away or standby), trip time (i.e., amount of time water is allowed to flow before automatic shutoff) and trip rate (i.e., percentage of water flow that must be exceeded before the trip time begins counting does to shut off) (collectively, “Scene”) that you would like our Products to go back to after conducting a scheduled service (“Fallback Scene”). You acknowledge that the Fallback Scene settings may impact the effectiveness of our Products and Services. Sentinel does not evaluate your settings and is not liable in any way for your setting’s resulting level of water security. Additionally, you acknowledge that if a scheduled service or Scene takes place while our Products are counting down to an “alarm state,” the countdown clock will be reset. As a result, a leak may flow longer before our Products enter an alarm state and sends you a notification.
- User License.
We grant you a limited, revocable, non-exclusive license to access the Site in order to view the Site’s content and utilize the Services. Any other use of the Site is expressly prohibited. We do not grant to you any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the purpose of displaying hyperlinks to the Site.
- Company License.
You grant Sentinel a license to use the materials you provide to us or post to the Site, including your Personally Identifiable Information. By transmitting, or otherwise distributing your Personally Identifiable Information or other content to us or the Site (collectively, “User Content”), you are granting Sentinel, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Sentinel, including without limitation, a right to copy, sell, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree that Sentinel may publish or otherwise disclose your Personally Identifiable Information in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- Prohibited Conduct.
You agree you will not (i) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (ii) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights; (iii) use the Site for any unauthorized use including but not limited to chain letters, junk mail, “spamming,” telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process; (iv) submit, transmit, promote or distribute information or content that is illegal; (v) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or attempt to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (vi) upload invalid data, viruses, worms, or other software agents through the Site; (vii) use any robot, spider, scraper or other system to access the Site for any purpose without our express written permission; (viii) impersonate another person, use any Account ID or credit, debit or gift card not belonging to you, conduct fraud, hide or attempt to hide your identity; (ix) submit, upload, post, e-mail, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (x) interfere with the proper working of the Site; (xi) bypass the measures we may use to prevent or restrict access to the Site; or (xii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Sentinel in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. Sentinel reserves the right to terminate your access to the Site immediately and without notice (in addition to all other rights and remedies under applicable law), if it becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
- Accuracy of Information.
We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, reliability, thoroughness, or otherwise with respect to the Services and any information on the Site, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) or delays relating to the Services and information contained on the Site. Sentinel does not endorse or recommend any particular merchants or any products or services or other information that may be available on the Site. Under no circumstances will Sentinel be liable for any loss or damage caused by your reliance on the Services or other information obtained through the Site. Sentinel’s Products and Services are not designed to prevent leaks or water damage, but rather to identify possible leaks caused by a variance in water flow over time. It is your responsibility to independently evaluate the accuracy, completeness, or usefulness of the Products and Services and any information or other content available through the Site. Sentinel does not endorse third party websites or third party websites’ products or services and we are not affiliated with the operators of such websites. Sentinel disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk and your use of those websites is also governed by their terms and conditions. Sentinel reserves the right to revoke any link to a third party website at any time in its sole discretion.
- Privacy and Security.
- Intellectual Property.
The content, organization, graphics, images, videos, designs, compilations and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Sentinel,” “Leak Defense System,” “Leak Defense Alert,” “the smoke detector for water leaks” and our logos and other marks are either trademarks, service marks or registered trademarks or service marks of Sentinel or its licensors (“Trademarks”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions, video, and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (collectively, “Intellectual Property”) or such information and materials. You shall not challenge, contest or otherwise impair Sentinel’s ownership of the Site and the content therein or the validity or enforceability of Sentinel’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site including, without limitation, information posted by us, you, or third parties, at any time without consent or notice. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site are at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- Modification of Services; Additional Terms and Conditions.
We are always trying to improve the Products and Services, so they may change over time. Sentinel may, at its discretion, modify or discontinue any of the Services, or any portion thereof, with or without notice. You agree that Sentinel will not be liable to you or any third party for any modification or discontinuance of any of the Services. Similarly we reserve the right to remove any content from our Site at any time, for any reason, in our sole discretion, without notice. Please be aware we reserve the right at our discretion to make changes to this Agreement at any time, and all such changes shall be immediately applicable. When we make changes, the “Effective Date” of this Agreement will be revised. Your continued use of our Site or Services following the posting of changes to this Agreement will mean you accept those changes. We encourage you to review this Agreement each time you visit the Site. Without limiting the effectiveness of the foregoing, in the event of certain changes to this Agreement, you may also be required to assent to the new terms, and you may also be notified by email if we have your email address. If any modification is unacceptable, you should stop using the Site and our Services.
THE SITE AND ALL CONTENT, MATERIALS, SERVICES AND PRODUCTS CONTAINED IN THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. IN ADDITION, SENTINEL DISCLAIMS (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY AFFILIATES OR MERCHANTS THROUGH THE SITE ; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE SITE; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH SENTINEL HAS NO PRACTICAL CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SENTINEL’S PRODUCTS AND SERVICES ARE NOT DESIGNED TO PREVENT LEAKS OR WATER DAMAGE, BUT RATHER TO IDENTIFY POSSIBLE LEAKS CAUSED BY A VARIANCE IN WATER FLOW OVER TIME. SENTINEL SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED THROUGH THE SITE. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY SENTINEL OF ANY KIND. NO PARTY IS LIABLE FOR ANY NONPERFORMANCE UNDER THIS AGREEMENT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. SENTINEL IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
- Limited Liability.
SENTINEL SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THE SITE, THE PRODUCTS OR SERVICES PURCHASED FROM THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SENTINEL’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO SENTINEL FOR THE USE OF THE SERVICES.
- Waiver of Trial by Jury.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SENTINEL HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR YOU AND SENTINEL ENTERING INTO THIS AGREEMENT.
- Automatic Renewal Fees.
Some Products and Services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. BY SIGNING UP FOR SERVICES THAT REQUIRE PAYMENT, YOU AUTHORIZE SENTINEL TO CHARGE YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT THE FEES ASSOCIATED WITH THE SERVICES YOU SELECTED, AND YOU ACKNOWLEDGE AND AGREE THAT SENTINEL WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, FEES, DUTIES, TAXES, AND ASSESSMENTS ARISING OUT OF ANY USE OF YOUR ACCOUNT OR THE SERVICES BY YOU OR ANYONE ELSE USING YOUR ACCOUNT. IN ADDITION, YOU AGREE THAT SENTINEL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR SERVICES. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE SERVICES, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY SENTINEL NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED. FOR MONTHLY SUBSCRIPTION PLANS, YOUR MONTHLY SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED. THE RENEWAL CHARGE SHALL BE EQUAL TO THE PREVIOUS MONTH’S FEES PLUS ANY ADDITIONAL APPLICABLE CHARGES OR FEES. SENTINEL RESERVES THE RIGHT TO CHANGE THE AMOUNT OF, OR BASIS FOR DETERMINING, ANY FEES OR CHARGES FOR SERVICES IT PROVIDES, AND TO INSTITUTE NEW FEES, CHARGES, OR TERMS EFFECTIVE UPON PRIOR NOTICE TO YOU. SUCH NEW FEES, CHARGES, OR TERMS SHALL NOT TAKE EFFECT EARLIER THAN 30 DAYS AFTER SENTINEL POSTS SUCH MODIFIED FEES ON THE SITE OR COMMUNICATES THEM TO YOU BY E-MAIL. IF YOU HAVE A BALANCE DUE ON ANY ACCOUNT, YOU AGREE THAT THE SENTINEL CAN CHARGE THESE UNPAID FEES TO YOUR CREDIT CARD ON FILE WITH SENTINEL. YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION TO THE SERVICES AT ANY TIME AND YOUR MONTHLY SUBSCRIPTION WILL BE TERMINATED, AND YOU WILL NOT BE CHARGED ANY ADDITIONAL FEES HEREUNDER, ON THE LAST DAY THE MONTH IN WHICH SENTINEL RECEIVES YOUR CANCELATION NOTIFICATION.
You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records.
- Access; Alleged Violations.
To ensure that Sentinel provides a high quality experience for you and for other users of the Site, you agree that Sentinel or its representatives may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or for other matters for which Sentinel deems access is necessary in its sole discretion. Sentinel does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Sentinel reserves the right to temporarily or permanently terminate your Account or your access to the Site immediately, with or without notice to you, for any reason in our discretion, including without limitation if Sentinel believes that you have violated this Agreement, furnished Sentinel with false or misleading information, or interfered with use of the Site or the Service by others.
- Affiliated Sites.
Sentinel has no control over, and no liability for any third party websites or materials that may be accessed through the Site. Because neither Sentinel nor the Site has control over the content and performance of third party sites, Sentinel makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Sentinel assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
You will indemnify, defend and hold Sentinel, our affiliates, officers, directors, managers, members, legal representatives, employees and agents harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character arising out of or related to (a) your improper use of the Site or (b) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in San Diego County, California, and you hereby consent to such jurisdiction and authorize and accept service of process sufficient for personal jurisdiction in any action contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in San Diego County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator will have the power to award reasonable attorneys’ fees to the prevailing party.
- Attorney’s Fees.
The prevailing party in any litigation, arbitration, bankruptcy, insolvency or other proceeding (“Proceeding”) relating to the enforcement or interpretation of this Agreement may recover from the other party all costs, expenses, and actual attorney’s fees (including expert witness and other consultants’ fees and costs) relating to or arising out of (a) the Proceeding (whether or not the Proceeding proceeds to judgment), and (b) any post-judgment or post-award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from the Proceeding. All such judgments and awards will contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorney’s fees.
- Class Action Waiver.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
If you have any questions regarding this Agreement, please contact us at our email address: firstname.lastname@example.org.