Arrival Mobile App
End-User License Agreement
Diverse Advertising Group LLC., including all affiliates and subsidiaries (“Arrival mobile app”, “our”, “us” or “we”) thanks you for choosing or more of our products and or services (the “Product” or “Service”). This End-User License Agreement (this “Agreement”) is a legal document that contains the terms and conditions under which limited use of certain Product and technology (as defined below) that operates with the Product is licensed to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL THE MOBILE APPLICATION, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, COPYING OR INSTALLING THE PRODUCT, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY OR INSTALL THE PRODUCT, AND UNINSTALL THE PRODUCT FROM ALL DEVICES THAT YOU OWN OR CONTROL. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING THE PRODUCT FROM AN AUTHORIZED RETAILER, RESELLER OR APP STORE (AS DEFINED BELOW), YOU MAY BE ELIGIBLE TO RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE RETURN POLICY.
This product is Product licensed to you by Diverse Advertising Group LLC and, where applicable, by Diverse Advertising Group LLC suppliers. “Product” means any and all firmware programs and associated files provided with respect to the Product; any and all product programs, applications or “apps” and associated files provided with respect to the Product; all modified versions of and upgrades or improvements to such programs (such as those provided via web-based updates), all subsequent versions of such programs, and all copies of such programs and files. Product does not include any Open Source Product (as defined below).
By “you,” we mean the purchaser, recipient or other end user of the Product containing the Product or the purchaser, recipient or other end user of the Product on a standalone basis. “You” may also mean a person who has downloaded the Product from an authorized website, such as http://www.Arrivalmobileapp.com or from an authorized application market or store, such as Apple’s App Store or Google Play (each such application market or store is referred to in this Agreement as an “App Store” and collectively as “App Stores”).
If you do not wish to accept this Agreement, do not use the App.
1. LICENSE GRANT. Diverse Advertising Group LLC hereby grants to you a non-transferable, non-exclusive and revocable license to install the App on your Device(s) (except that a copy of the App made available and downloaded from the “designated locations” service may be downloaded on mobile devices associated with your account and use the App according to the terms and conditions set forth in this Agreement. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Diverse advertising group, LLC or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed Diverse Advertising Group, LLC or its suppliers or licensors at any time in the future. Diverse Advertising Group, LLC may provide Updates and/or support. Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Diverse Advertising Group, LLC to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business or personal purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
You can find the user documentation for the Product on the “Support” page of the applicable arrivalmobileapp.com website.
2. LICENSE RESTRICTIONS. The Product is licensed, not sold, to you. You only have the non-exclusive right to use the Product in accordance with this Agreement. You may not (i) modify, adapt or otherwise create derivative works from the Product, the Product containing the Product or user documentation (except as may be permitted by an applicable open source license) without receiving prior written consent from Diverse Advertising Group LLC to make any such modifications: (ii) lease, sublicense, resell, rent, loan, redistribute, or otherwise transfer (except as expressly permitted above), whether for commercial purposes or otherwise, the Product or user documentation; (iii) reverse engineer, disassemble, decrypt or decompile the Product or the Product or otherwise try to reduce the Product to a human-readable form, except where and only to the extent that such activity is permitted by applicable law or where Diverse Advertising Group LLC is required to permit such activity under the terms of an applicable open source license; (iv) remove or alter any copyright, trademark or other proprietary notices contained in the Product or user documentation; (v) use the Product, Product or user documentation to develop a competing hardware and/or product, or otherwise in any manner not set forth in this Agreement or the user documentation; (vi) if the Product is firmware, copy the firmware (other than one backup copy for archival purposes only), use it on a multi-user system or operate it separately from the Product onto which it is embedded; (vii) use the Product to transmit product viruses or other harmful device code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the Product; (viii) use the Product to collect or harvest any third party’s personally identifiable information, to send unauthorized commercial communications or to invade the privacy rights of any third party; or (ix) use the Product for any unlawful purpose, and/or in any manner that breaches this Agreement. All rights not expressly granted to you by Diverse Advertising Group LLC under this Agreement are hereby reserved by Diverse Advertising Group LLC. You will not acquire such rights, whether through estoppel, implication, or otherwise.
If you do not wish to accept this Agreement, do not use the App.
3. APP PRODUCT RESTRICTIONS. If you have downloaded the Product from an App Store, you are also subject to any terms of use of that App Store. Such terms of use may prohibit you from doing some of the things you are permitted to do under this Agreement, or permit you to do some of the things you are prohibited from doing under this Agreement. In addition, application of the App Store’s terms of use may result in other terms of this Agreement not being applicable to the Product or applying in a different way than this Agreement states. If your use of the Product is subject to an App Store’s terms of use, then in the event of any conflict or ambiguity between the terms of this Agreement and such App Store’s terms of use, the App Store’s terms of use will govern, but only to the extent necessary to resolve such conflict or ambiguity, and the terms of this Agreement will otherwise remain in full force and effect. Notwithstanding anything to the contrary in this Agreement, by using the Product, you acknowledge and agree that it is solely your responsibility to understand the terms of this Agreement, as well as the terms of use of any App Store that may be relevant to the Product or the Product.
4. UPGRADES AND UPDATES. While Diverse Advertising Group LLC is not required to do so, Diverse Advertising Group LLC may provide you with upgrades or updates to this Product. This Agreement will govern any upgrades provided by Diverse Advertising Group LLC that replace and/or supplement the original firmware and/or Product, unless such upgrade is accompanied by a separate end user license agreement, in which case the terms of that end user license agreement will govern. If you decide not to download and use an upgrade or update provided by Diverse Advertising Group LLC, you understand that you could put the Product at risk to serious security threats or cause the Product to become unusable or unstable. Some Products include an auto-update feature, which gives us the ability to make updates automatically. You can change auto-update options by changing your settings within the Product account information. In very limited cases, updates may still be automatically applied, regardless of the auto-update setting. For example, we may provide an automatic update that fixes a security breach or vulnerability to your network. We may also provide you with updated Product data files automatically to benefit you, such as to provide you with updated device information to identify new devices in your network. These data files do not update your firmware, but consist of Product files that are cached on your Product and override older files. By agreeing to this Agreement, you agree to automatic updates.
5. DATA AND PRIVACY. We at Diverse Advertising Group LLC are committed to protecting your privacy. Our goal is to provide you with a positive experience when using our apps, products and services, while at the same time keeping your Personal Information, as defined in the Diverse Advertising Group LLC Privacy Policy (the “Privacy Policy”), secure. Our privacy practices are described in the Privacy Policy, as well as in separate notices given when an app, product or service is purchased or downloaded. By using Diverse Advertising Group LLC Products or providing us with your Personal Information, you are accepting and consenting to the practices, terms and conditions described in the Privacy Policy. At all times your information will be treated in accordance with the Diverse Advertising Group LLC Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here.
If you do not wish to accept this Agreement, do not use the App.
6. OPEN SOURCE PRODUCT. You hereby acknowledge that the Product may contain Open Source Product (as defined below). This license does not apply to Open Source Product contained in the Product. Rather, the terms and conditions in the applicable Open Source Product license shall apply to the Open Source Product. Nothing in this Agreement limits your rights under, or grants you rights that supersede, any Open Source Product license. You acknowledge that the Open Source Product license is solely between you and the applicable licensor of the Open Source Product. You shall comply with the terms of all applicable Open Source Product licenses, if any. License and copyright information for the Open Source Product are disclosed in the Product documentation, within the “Support” link on the arrivalmobileapp.com websites and within the “Contact Us” section on Arrivlmobileapp.com websites. Diverse Advertising Group LLC is not obligated to provide any maintenance or support for the Open Source Product or any Product that has been modified by you pursuant to an Open Source Product license.
“Open Source Product” means any product or product component or technology that is subject to an open source license. Open source licenses are generally licenses that make source code available for free modification and distribution, but can also apply to technology received and distributed solely in object code form. Examples of open source licenses include: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla Public License; (d) the Berkeley Product Distribution (BSD) License; and (e) the Apache License.
7. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights (including without limitation all copyrights, patents, trade secret rights and trademark rights) in and to the Product (including but not limited to any content incorporated into the Product), the accompanying printed materials, and any copies of the Product, are owned by Diverse Advertising Group LLC or its suppliers.13
Therefore, you must treat the Product like any other material protected by laws and treaties relating to international property rights and in accordance with this Agreement.
When accessing our Digital Media, you agree to obey the law and to respect the intellectual property rights of others. You agree that 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 to or through our Digital Media.
All content on our Digital Media, including text, hidden text within our source code, product, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of our Digital Media are copyrighted as a collective work under the United States copyright laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
If you do not wish to accept this Agreement, do not use the App.
All trademarks appearing on our Digital Media are the property of their respective owners, including, in some instances, Company, and/or its affiliates. Nothing contained on our Digital Media should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Except as expressly provided herein, you may not modify, create derivative works, decompile, copy, redistribute, publish, transmit, display or in any way exploit any content or material from our Digital Media without unless you are expressly permitted to do so under an open source license or the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Monitoring; Copyright Complaints.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on our Digital Media. Notwithstanding this right, Company does not and cannot review all materials posted to or through our Digital Media by users, and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of our Digital Media. If notified, Company may investigate an allegation that content transmitted to our Digital Media is in violation of these Terms and Conditions and determine whether to have the content removed from our Digital Media. However, Company is under no obligation to remove content transmitted by third parties from our Digital Media and assumes no responsibility or liability arising from or relating to any such content, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Company may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on our Digital Media in a way that constitutes copyright infringement, you may notify Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
• Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to the following address: support@arrivalmobileapp.com.
If you do not wish to accept this Agreement, do not use the App.
Access.
We reserve the right to withdraw or amend our Digital Media, and any service or material we provide on our Digital Media, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Digital Media is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Digital Media, or the entire Site or App.
You are responsible for:
• Making all arrangements necessary for you to have access to our Digital Media.
• Ensuring that all persons who access our Digital Media through your Internet connection are aware of these Terms and Conditions and comply with them.
To access parts of our Digital Media or some of the resources it offers, you may be asked to provide certain details or other information. You agree that all information you provide within our App or otherwise, including but not limited to through the use of any interactive features on our App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Privacy Policy
Company respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy (a complete statement of the current privacy policy can be accessed by clicking on the link), which is expressly incorporated into this Agreement by this reference.
If you do not wish to accept this Agreement, do not use the App.
Prohibited Activity
You agree not to use any device, product or routine to interfere with the proper functioning of our Digital Media. You further agree not to use any product, tool, data, device or other mechanism to navigate or search our Digital Media other than the search engine provided by Company or generally available browsers.
You are solely responsible for the content and context of any materials or information you post or submit through our Digital Media. Unless granted prior consent; You warrant and agree that, while using our Digital Media, you shall not upload, post or transmit to or distribute or otherwise publish through our Digital Media any materials which:
1. are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy;
2. restrict or inhibit any other user from using and enjoying our Digital Media;
3. constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
4. solicit personal information of/from others;
5. contain a virus or other harmful component;
6. contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements, illegal pornographic material, hate crimes, illegal firearms;
7. contain false or misleading indications of origin or statements of fact;
8. solicit or sale illegal sexual favors i.e. illegal prostitution;
9. solicit or sale illegal substances controlled or otherwise;
10. support terrorist activity;
11. human trafficking;
12. illegal animal sales;
13. include information you are not authorized to disclose (including trade secrets or inside information about a company);
14. infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity;
15. impersonate any person or entity; or
16. Company, in its sole direction, otherwise determines to be offensive.
Company reserves the right to block, remove, edit, move, or close any content for any reason or for no reason whatsoever. In addition, Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Third-Party Products and Sites.
Diverse Advertising Group, LLC has no control over, and no liability for any third party websites or materials. Company works with a number of third-party providers whose Internet sites and/or services may be linked with our Digital Media. Because Diverse Advertising Group, LLC has no control over the content and performance of these third party products or sites, Diverse Advertising Group, LLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. These third-party sites, and all sites besides this Site, have separate terms and conditions and privacy policies separate from Company’s Terms and Conditions and Privacy Policy. It is your responsibility to review each site’s terms and conditions and privacy policy.
Similarly, from time to time in connection with your use of our Digital Media, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content, services or products available from such external sites.
If you do not wish to accept this Agreement, do not use the App.
8. THIRD PARTY PRODUCTS AND SERVICES. The Product may contain links or other features that make it easier for you to visit or log-in to independent third-party websites (“Linked Sites”). These features are provided solely as a convenience to you. Linked Sites are not under Diverse Advertising Group LLC’s control, and Diverse Advertising Group LLC is not responsible or liable for and does not endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You hereby waive and release any legal claim you might have against Diverse Advertising Group LLC with respect to these sites or third-party products or services, and your use of these sites, third-party products or services. We encourage you to read the terms and conditions and privacy policy of each third party website that you choose to visit.
9. INDEMNITY. If Diverse Advertising Group LLC is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, to the extent permitted by law, you will be responsible for compensating Diverse Advertising Group LLC for the full amount of its loss, as well as any reasonable amounts Diverse Advertising Group LLC incurs in lawyers’ fees, expenses and court costs, except to the extent that Diverse Advertising Group LLC contributed to the loss or damage.
10. TERMS OF USE. This Agreement is effective when you click on the “I Accept” button, or when you in any other way use, copy or install the Product, which will constitute your acceptance of, and agreement to, this Agreement. Once accepted, this Agreement remains in effect until terminated. The limited license in this Agreement will be automatically terminated if you fail to comply with any of the terms and conditions in this Agreement. You agree that upon such termination, you will immediately destroy all programs and documentation that relate to the Product, including all copies made or obtained by you, and otherwise cease use of the Product. If the Product has been installed on a personal device or mobile device, you must uninstall the Product immediately. If the Product is product or firmware embedded on a Product, you must stop using the Product. All provisions of this Agreement except for Section 1 and the limited warranty in Section 12 (the first paragraph) will survive termination. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them. Features, device factory protocol may be altered to allow the product to efficiently deliver service for which the product was created. Ill-advised manually circumventing any preset requirements by the product to any device resulting in device damage is solely the responsibility of the device owner.
Security
You agree not to give your password(s) or PIN(s) or make them or any other means to access your account, Safe, or the Service available to any unauthorized person. You are responsible for all transactions you authorize. If you permit other persons to use your credentials; Number(s) or give them your password or other means to use your account, you are responsible for any transactions they authorize. In the event you change or deactivate your mobile telephone number, you will update your account information on the arrival mobile app within 24 hours to ensure that your messages are not sent to the person who acquires your old number. If you believe that your password(s) or other means to access your account have been lost or stolen or that someone else has transferred or may attempt to transfer data from your account without your permission, you must notify us at once emailing fraud@arrivalmobileapp.com
Here are some tips for keeping your information secure:
• Use Your devices. It is generally safer to access your information from your own device. Avoid using public devices to access your information. Public devices may contain product that captures passwords and PINs, providing that information to others at your expense. If you do use another device, be sure to delete your “Temporary Internet Files” or “Cache” and clear all of your “History” after you log off your account. You should occasionally check to make sure that no one else has attached any device or added programs to your device without your knowledge or consent. Consult the Help function on your browser and operating system to learn how to delete this information.
• In the event you change or deactivate your mobile telephone number, you will update your account information on the arrival mobile app within 24 hours to ensure that your messages are not sent to the person who acquires your old number. (stated above)
If you do not wish to accept this Agreement, do not use the App.
• Protect Your Passwords and PINs. Do not share your passwords or PINs with others. When you give someone your ID and password, you are responsible for any transactions that person performs. We may suspend or cancel your password if we suspect your password is being used in an unauthorized or fraudulent manner. For your protection, sign off after every session. You agree that we may post notices and other communications on your account. You agree to: 1) keep your password and PIN secure and strictly confidential; and 3) immediately notify us and select a new password and PIN if you believe your password may have become known to an unauthorized person.
• Log Out Completely. Always click the “log out” button to terminate your access to your information. Access may not be terminated if you simply close or minimize the arrival mobile application or open in a new app when you’re done using your online account. Other users of the device might be able to re-enter the site and have access to your information online if you do not properly log out
• Wireless Connections are not 100% secure. Wireless networks may not provide as much security as wired Internet connections. In fact, many “hotspots” — wireless networks in public areas like airports, hotels, internet cafes and restaurants libraries — reduce their security settings so it is easier for individuals to access and use these wireless networks. This increases the possibility that someone may intercept your information.
• Secure Your Confidential Documents. Keep all your documents in a secure place, and be careful how you dispose of any documents with financial or other confidential information. Shred documents that have confidential financial or identification information before throwing them away.
• Safeguard Your Social Security Number. Do not use your Social Security number as a username, password or PIN, and make sure that it does not appear on your printed checks. If your Social Security number appears on your driver’s license, be sure to ask your state’s Department of Motor Vehicles whether it can use an alternative number. Keep your Social Security card in a safe place and avoid carrying it with you. You should also be sure to safeguard the social security numbers of any dependents.
• Do a Periodic “Identity Theft” Check. Reviewing your credit report may alert you to inaccuracies and unauthorized activity. You can obtain a free credit report every 12 months from three different credit bureaus. If you think that your personal information has been stolen, immediately contact your bank to notify them of the problem.
Age Requirements for General Use and COPPA guidelines.
We are a general audience site and application and do not direct any of our content specifically at children under 13 years of age. By using our Technology, you affirm that you are at least 13 years of age or have legal parent or legal guardian consent. If you are under 13 years of age or have legal parent or legal guardian consent, do not use Technology. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is not at least 13 years of age or a legal parent or legal guardian has not legally approved of a child under 13 using this app, we will promptly delete any such personal information in our control.
If you do not wish to accept this Agreement, do not use the App.
Modifications
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of its Digital Media including, but not limited to, the content, hours of availability, and equipment needed for access or use.
Performance
Issues as it relates to download speed, wireless network connectivity, and wireless network security access that directly affect the communication and relationship with the arrival mobile application; may be directly related to the wireless network and its components.
11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS. SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “LIMITED WARRANTY AND DISCLAIMER” AND “GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, DIVERSE ADVERTISING GROUP LLC’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, OUR PRODUCT AND THE MEDIA ON WHICH IT IS PROVIDED COME WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).
THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON HAS BREACHED ANY SALES CONTRACT WITH YOU. YOU AGREE TO USE THE PRODUCT IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOAD OR USE THE PRODUCT.
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW AND THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (“CGA”) MAY IMPLY WARRANTIES OR CONDITIONS, OR IMPOSE GUARANTEES OR OBLIGATIONS ON DIVERSE ADVERTISING GROUP LLC, WHICH OPERATE TO PROTECT CERTAIN AUSTRALIAN OR NEW ZEALAND PURCHASERS OF GOODS AND SERVICES IN VARIOUS CIRCUMSTANCES (“AU/NZ APPLICABLE LAWS”). NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY AU/NZ APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. If any condition, warranty or guarantee is implied into this Agreement or imposed on Diverse Advertising Group LLC under AU/NZ Applicable Laws and cannot be excluded, but Diverse Advertising Group LLC has a choice of a remedy, then Diverse Advertising Group LLC’s liability for breach of the condition, warranty or guarantee is limited to one or more of the following, at Diverse Advertising Group LLC’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods or refunding the payment for the goods if it would be unreasonable to expect the products to be repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. In addition to these remedies a “consumer” (within the meaning of the CGA) may claim for any reasonably foreseeable loss (other than loss or damage through reduction of value of the goods) that results from the initial problem.
If you do not wish to accept this Agreement, do not use the App.
12. LIMITED WARRANTY AND DISCLAIMER. Diverse Advertising Group LLC warrants that any media (such as a CD or USB stick) on which the Product is provided will be free from defects in materials and workmanship under normal use for 30 days from the date of its original purchase (the “Warranty Period”). If you make an eligible product media claim under this warranty during the Warranty Period (the “Limited Warranty”), Diverse Advertising Group LLC will honor this warranty by replacing the Product media. To make a claim under this Limited Warranty, return the defective media along with the sales receipt directly to Diverse Advertising Group LLC at the following address: Diverse Advertising Group LLC International, Inc., P.O. Box 801505, Dallas, TX 75380. This Limited Warranty is void if failure of the media has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. In relation to consumers who are entitled to the benefit of the CGA, the media on which Product is provided comes with guarantees that cannot be excluded under New Zealand law, and this Limited Warranty is in addition to any statutory rights such consumers may have under New Zealand law. This Limited Warranty does not apply in Australia. Consumers in Australia have statutory rights in relation to the Product and media on which the Product is provided under the Australian Consumer Law.
EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED PROGRAMS AND DOCUMENTATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVERSE ADVERTISING GROUP LLC, ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF OR THE PERFORMANCE OF THE PRODUCT AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCT AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIVERSE ADVERTISING GROUP LLC, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the relevant Warranty Period.
YOUR USE OF THE PRODUCT, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND DIVERSE ADVERTISING GROUP LLC DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, DEVICE, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF THE PRODUCT, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING THE SAFETY WARNINGS, YOU MUST UNINSTALL OR RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE AND STOP USING THE PRODUCT. DIVERSE ADVERTISING GROUP LLC IS NOT RESPONSIBLE FOR (I) YOUR FAILURE TO FOLLOW SAFETY WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT AND/OR PRODUCT, (II) YOUR NEGLIGENCE IN USE OF THE PRODUCT AND/OR PRODUCT, OR (III) YOUR INTENTIONAL MISUSE OF THE PRODUCT OR PRODUCT EVEN IN RELATION TO SUPPORTING TECHNOLOGY.
YOU FURTHER ACKNOWLEDGE THAT THE PRODUCT AND ANY RELATED PROGRAMS AND DOCUMENTATION ARE NOT CERTIFIED FOR EMERGENCY RESPONSE OR INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE, DELAY OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION PROVIDED BY THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. DIVERSE ADVERTISING GROUP LLC DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. DIVERSE ADVERTISING GROUP LLC CUSTOMER SUPPORT CONTACTS CANNOT BE CONSIDERED A LIFESAVING SOLUTION AND THEY ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING AND EMERGENCY SITUATIONS SHOULD BE DIRECTED TO THE APPROPRIATE EMERGENCY RESPONSE SERVICES IN YOUR AREA.
If you do not wish to accept this Agreement, do not use the App.
It is your responsibility to review and adhere to all terms, Eula’s as it relates to ALL components involved in the facilitation of the arrival mobile app and derivative works. It is also your responsibility to back up your system, including without limitation, any material, information or data that you may use or possess in connection with the Product or Product, and Diverse Advertising Group LLC shall have no liability for your failure to back up your system or any material, information or data.
Some Diverse Advertising Group LLC Products and Product may monitor energy consumption in the home. Diverse Advertising Group LLC does not guarantee or promise any specific level of energy savings, data usage, or other monetary benefit from the use of the Products or Product or any other feature. Actual energy savings and any associated monetary benefits vary based on factors beyond Diverse Advertising Group LLC’s control or knowledge. From time to time, Diverse Advertising Group LLC may use the Product to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Product. You acknowledge that this information is not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Diverse Advertising Group LLC if your savings differs. All information provided to you by Diverse Advertising Group LLC is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing information through the Product is not a substitute for direct access of the information in the home.
13. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIVERSE ADVERTISING GROUP LLC, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF DIVERSE ADVERTISING GROUP LLC OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DIVERSE ADVERTISING GROUP LLC, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF FIFTY DOLLARS ($50.00) OR THE PRICE YOU PAID FOR THE PRODUCT, THE PRODUCT OR THE MEDIA CONTAINING THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION IS INTENDED TO LIMIT THE LIABILITY, UNDER APPLICABLE LAW, OF DIVERSE ADVERTISING GROUP LLC IN RELATION TO DEATH OR BODILY INJURIES.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
The warranties and remedies set out in this Agreement are exclusive, and, to the extent permitted by law, in lieu of all others oral or written, express or implied.
If you do not wish to accept this Agreement, do not use the App.
14. EXPORT CONTROL LAWS: You agree that the use of the Product is subject to U.S. and local export control laws and regulations. You represent and warrant that you are not a citizen of an embargoed or “terrorist supporting” country or a prohibited or restricted end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree to strictly comply with all export control laws and regulations and agree not to export, re-export, divert, transfer or disclose any portion of the Product or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
15. U.S. GOVERNMENT USERS: The Product and user documentation qualify as “commercial items” as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All U.S. Government users acquire the Product and user documentation with only those rights herein that apply to non-governmental customers. Use of either the Product or user documentation or both constitutes agreement by the U.S. Government that the Product and user documentation are “commercial device product” and “commercial device product documentation,” and constitutes acceptance of the rights and restrictions herein.
16. GENERAL TERMS. If any portion of this Agreement or any of its terms is found to be void or unenforceable by law in a particular jurisdiction, such portion or terms shall be interpreted and enforced to the maximum extent allowed in such jurisdiction, and the remaining provisions or any part thereof will remain in full force and effect. This Agreement constitutes the entire agreement between Diverse Advertising Group LLC and you with respect to the Product and your use thereof and supersedes any conflicting or additional terms contained in any purchase order or elsewhere. No provision of this Agreement may be waived, modified or superseded except by a written instrument accepted by Diverse Advertising Group LLC and you. However, the Diverse Advertising Group LLC Privacy Policy referenced herein is subject to change in the manner described in that document. Diverse Advertising Group LLC may provide translations of this Agreement as a convenience to users. However, in the event of a conflict or inconsistency between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction. Any suppliers of Diverse Advertising Group LLC shall be direct and intended third-party beneficiaries of this Agreement, including without limitation with respect to the disclaimers of warranties and limitations on liability set forth herein. Other than as set forth in the preceding sentence, a person or entity who is not a party to this Agreement shall not have any right to enforce any term of this Agreement. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this Agreement shall not be construed strictly for or against either party, regardless of who drafted such language or was principally responsible for drafting it. The rights and obligations under this Agreement are not assignable by you, and any attempted assignment shall be void and without effect. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.
If you are located in the United States, Section 17 applies to you:
If you do not wish to accept this Agreement, do not use the App.
17. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.
(A) GENERALLY. SUBJECT TO CLAUSE 17(D) BELOW, YOU AND DIVERSE ADVERTISING GROUP LLC EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND DIVERSE ADVERTISING GROUP LLC ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF PRODUCT AND/OR PRODUCT(S) UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(B) ARBITRATION PROCEDURES AND FEES. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION. THE ARBITRATION OF ANY DISPUTE OR CLAIM SHALL BE CONDUCTED IN ACCORDANCE WITH THE THEN CURRENT AND APPLICABLE RULES OF JAMS AS MODIFIED BY THIS AGREEMENT. THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE, SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, DIVERSE ADVERTISING GROUP LLC WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE. ANY ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU, NOR DIVERSE ADVERTISING GROUP LLC NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR PURPOSES OF ENFORCEMENT OR APPEAL OF THE ARBITRATION AWARD. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING PROPER JURISDICTION. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THEN THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT.
(C) WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT. NEITHER YOU NOR DIVERSE ADVERTISING GROUP LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND DIVERSE ADVERTISING GROUP LLC EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.
If you do not wish to accept this Agreement, do not use the App.
(D) GOVERNING LAW; INJUNCTIVE RELIEF. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO PRODUCT PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE DIVERSE ADVERTISING GROUP LLC MARKETS OR PROMOTES THE PRODUCT, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. IN ADDITION, DIVERSE ADVERTISING GROUP LLC MAY SEEK INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
(E) VENUE. EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND DIVERSE ADVERTISING GROUP LLC EACH IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
If you are located outside of the United States, or if Section 17 does not apply to you or is otherwise unenforceable as adjudicated by a court of competent jurisdiction, then Section 18 applies to you:
If you do not wish to accept this Agreement, do not use the App.
18. GOVERNING LAW. This Agreement will be governed by Texas law, without reference to its or any other jurisdiction’s conflict of laws principles. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Dallas, Texas, and Diverse Advertising Group LLC and you irrevocably consent to the jurisdiction of such courts and venue in Dallas, Texas. However, if you are a consumer and you live in a country where Diverse Advertising Group LLC markets or distributes the Product, local law may require that certain consumer protection laws of your country of residence apply to some sections of this Agreement. In addition, Diverse Advertising Group LLC may seek injunctive relief in any court having jurisdiction to protect its intellectual property rights. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.
DIVERSE ADVERTISING GROUP LLC and many product names and logos are trademarks of the Diverse Advertising Group LLC group of companies. Third-party trademarks mentioned are the property of their respective owners.
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