“You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Site; that accesses or uses any part of the Site; or that directs the use of the Site in the performance of its functions.
- Acceptable Use
- Access to the Site and Our Services
- Intellectual Property Notice
- Communications with Momentum IoT
- Termination and Suspension
- Can I bring a class action lawsuit?
- Arbitration and Dispute Resolution
- Disclaimer of Warranties
- Limitation of Liability
- Third-Party Links
- What if I live outside of the United States?
- How to Contact Us
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Momentum IoT’s Privacy Notice, available at http://momentumiot.com/legal/app/privacy).
- The “Site” or “Service” refers to Momentum Iot’s website located at www.momentumiot.com, and all content, services, and products provided by us at or through the Site
- “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Site; that accesses or uses any part of the Site; or that directs the use of the Site in the performance of its functions. You must be at least 13 years of age.
- “Momentum IoT,” www.momentumiot.com, “We,” and “Us” refer to (Momentum IoT, Inc.), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Site, including without limitation text, data, articles, images, photographs, graphics, software, designs, features, and other materials that are available on the Site.
- “User” includes visitors and customers.
2. Acceptable Use
Your use of the Site must not violate any applicable laws, including export control laws, or other laws in Your jurisdiction. You are responsible for making sure that Your use of the Site follows the law and any applicable regulations.
You further agree that you will not under any circumstances upload, post, host, or transmit any content that: is discriminatory, obscene, libelous, defamatory, or fraudulent; contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without Our express written permission.
3. Access to the Site and Our Services
Certain materials may be displayed or performed on the Services (including, but not limited to, text, graphics, articles, photographs, video, images and illustrations (“Content”)). Momentum IoT reserves the right to remove any Content from the Services at any time, for any reason, or for no reason at all.
Momentum IoT cares about the integrity and security of Your personal information. We endeavor to implement appropriate security measures. However, Momentum IoT cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk. You are responsible for keeping Your Account secure while You use Our Site. You are responsible for maintaining the security of Your Account and password. We cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. Please promptly notify Us if You become aware of any unauthorized use of, or access to, Our Site through Your Account, including any unauthorized use of Your password or Account.
The Site may contain links to websites operated by other parties. Momentum IoT provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Momentum IoT and We are not responsible for the content available on the other websites. Such links do not imply Our endorsement of information or material on any other website and We disclaim all liability with regard to your access to and use of such linked websites.
5. Intellectual Property Notice
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Momentum IoT or such Marks’ respective owners. You may not display or reproduce the Marks other than with Our prior written consent, and You may not remove or otherwise modify any trademark notices from any content available on or through the Site. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
6. Communications with Momentum IoT
7. Termination and Suspension
Momentum IoT has the right to (i) suspend or terminate Your access to all or any part of the Site at any time and/or (ii) suspend or terminate Your Account, with or without cause, with or without notice, effective immediately. Momentum IoT reserves the right to refuse service to anyone for any reason at any time.
8. Can I bring a class action lawsuit?
No. This is a Class Action Waiver. YOU AND MOMENTUM IOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both You and Momentum IoT agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
9. Arbitration and Dispute Resolution
Certain portions of this Section 9 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Momentum IoT agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.
B. Forums for Alternative Dispute Resolution. If You are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 9 is enforceable, the following mandatory arbitration provisions apply to You:
(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 9(A) within sixty (60) days of receipt of the notice, then either You or we may submit the Dispute to formal arbitration. If we cannot resolve an Excluded Dispute as set forth in Section 9(A) within sixty (60) days of Our receipt of the notice, then either You or We may submit the Excluded Dispute to formal arbitration only if You and Momentum IoT consent, in a writing signed by You and an officer or legal representative of Momentum IoT, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 9(B).
If a party properly submits the Dispute to JAMS for formal arbitration and JAMS is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) using AAA’s then-existing Commercial Arbitration Rules, or by any other arbitration administration Site that You and an officer or legal representative of Momentum IoT consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the JAMS arbitration will also apply to any such arbitration under AAA or another arbitration Site.
You can obtain JAMS and AAA procedures, rules, and fee information as follows:
JAMS: 949.224.1810 http://www.jamsadr.com
AAA: 800.778.7879 http://www.adr.org
10. Disclaimer of Warranties
The Site is provided “as is” and “as available,” without warranty of any kind. We do not warrant that the Site will meet Your requirements; that the Site will be uninterrupted, timely, secure, or error-free; that the information provided through the Site is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services or Products are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your downloading and/or use of files, information, content or other material obtained from the Services or the Products.
We make no promises or guarantees about this Site. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Site including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
11. Limitation of Liability
- Your use or inability to use the Site;
- Any modification, price change, suspension or discontinuance of the Site;
- Unauthorized access to or alterations of Your transmissions or data;
- Statements or conduct of any third party on the Site;
- Any other user interactions that You input or receive through Your use of the Site; or
- Any other matter relating to the Site.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MOMENTUM IOT EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Momentum IoT shall be limited to the fullest extent permitted by law.
13. Third-Party Links
We may link to or be linked from other websites that are not maintained by, or related to, Momentum IoT. We do not endorse, and are not responsible for, the content of any of those third-party websites. You acknowledge Momentum IoT has not reviewed and does not endorse the content of all sites linked to from this Site and is not responsible for the content or actions of any other sites linked to from this Site. We do not promise that the contents of any linked site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at Your own risk and You assume all responsibilities and consequences resulting from such reliance.
15. What if I live outside of the United States?
Momentum IoT is hosted and operated entirely in the United States and is subject to United States law. Please do not provide Us with any information or attempt to purchase Our products if You live outside of the United States. We do not ship outside of the 48-contiguous states. If You are from a jurisdiction outside of the United States, please notify Us so that we may take necessary action. This may include terminating Your Account and deleting Your information. We are committed to resolving these issues, so if You have any questions about how we collect or use Your information You may email Us firstname.lastname@example.org.
Section Headings and Summaries
Severability, No Waiver, and Survival
Amendments; Complete Agreement
17. How to Contact Us
Last updated: February 25, 2020