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TERMS OF USE
As a user of the trysensa.com website (the “Site”), you understand and agree that Sensa Products, LLC (“Company”) will treat your use of the Site as acceptance of the following Terms of Use (“Terms”), which may be modified from time to time without notice to you, and posted on the Site.
ACCOUNT
In consideration of your use of the Site, you represent and agree to: (a) provide true, accurate, current and complete information about yourself when creating an account and password with the Site ("Account") and (b) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide or Company has reasonable grounds to suspect that you have provided information that is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future access to the Site (or any portion thereof).
You are responsible for maintaining the confidentiality of your Account and all activities occurring under your Account. Company shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account.
You agree that Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; (e) fraudulent or illegal activity. You agree that all terminations, limitations of access and/or suspensions shall be made in Company's sole discretion and that Company shall not be liable to you or any third party for termination of your Account.
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof).
CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. You, and not Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Site. Company does not control the Content and does not guarantee the accuracy, integrity or quality of such Content. You understand that by accessing the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You acknowledge that Company may or may not pre-screen Content, but that Company shall have the right in its sole discretion to pre-screen, refuse, or remove any Content that is available on the Site. Without limiting the foregoing, Company shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Company may access and/or disclose your Account and/or Content if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Company, its users and the public.
The Site may provide links to other websites. You acknowledge and agree that Company is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such websites. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website.
YOUR OBLIGATIONS AND RESPONSIBILITIES
You agree to not engage in the following activities: (a) upload, post, email, transmit or otherwise make available any Content that is fraudulent, deceptive, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is otherwise objectionable; (b) impersonate any person, business or entity, including, but not limited to, Company and its employees or agents; (c) victimize, harass, degrade, intimidate, or "stalk" an individual or group of individuals whether on the basis of religion, gender, orientation, race, ethnicity, age, disability or otherwise; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; (e) upload, post, email, transmit or otherwise make available: (i) any Content that you do not have a right to make available under any law or contract, (ii) any Content that infringes any intellectual property or proprietary rights of any third party, including but not limited to, patent, trademark, trade secret, copyright, and/or publicity rights, or (iii) any material that contains software viruses or any other computer codes, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Site or servers or networks connected to the Site, or interfere with any other party’s use and enjoyment of the Site; (g) gain or attempt to gain unauthorized access to the Site, Accounts, computer systems or networks via hacking, password mining or any other means; (h) transmit, directly or indirectly, any unsolicited bulk communications, including emails and instant messages; (i) violate any applicable local, state, or federal laws, rules and/or regulations; or (j) violate these Terms or any policy posted on the Site.
LICENSE
By submitting, posting or displaying Content on the Site, you grant Company, its parent, and affiliates the perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, display, reproduce, publish and distribute such Content in any form of media.
You acknowledge and agree that Company owns all right, title and interest in and to the Site. You agree that all of Company’s trademarks, trade names and other Company logos, brand features, and product names are trademarks and the property of Company (“Company Marks”). You agree not to display or use in any manner the Company Marks without Company’s prior written approval.
INDEMNIFICATION
You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents, and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) Content you submit, post, transmit, modify or otherwise make available on the Site; (b) your use of the Site; (c) your connection to the Site, (d) your breach or attempted breach of these Terms; or (e) your violation of any third party rights.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), BASED UPON, ARISING FROM OR RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) UNAUTHORIZED ACCESS TO, DELETION, CORRUPTION OR ALTERATION OF YOUR CONTENT OR ACCOUNT; (C) YOUR FAILURE TO KEEP YOUR ACCOUNT SECURE AND CONFIDENTIAL; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE.
COPYRIGHT INFRINGEMENT NOTICE AND PROCEDURE
Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
(1) a description of the copyrighted work that you believe has been infringed upon and a description of the
infringing activity;
(2) a description of the location of the material that you believe is infringing;
(3) your contact information, including address, telephone number and email address;
(4) a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorized to act on behalf of the copyright owner;
(6) a physical or electronic signature by you; and
(7) send the written notice to the following address:
Sensa Products, LLC
Attn: Copyright Agent
2301 Rosecrans Ave., Suite 4100
El Segundo, CA 90245
OR Fax to:
(310) 643-0776, Attn: Copyright Agent
OR email to:
copyrightagent@ibinc.com
GENERAL
These Terms constitute the entire agreement between you and Company and governs your use of the Site and supersedes any prior version of these Terms between you and Company with respect to the Site. These Terms shall be governed by the laws of the State of California, without respect to choice of law rules. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the County of Los Angeles, California, and both parties hereby consent to such jurisdiction and venue. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severe from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
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