Welcome to Snap One
By completing your purchase, you expressly authorize and permit Snap One to charge you for the subscription selected and to automatically renew your subscription for successive renewal terms at the same price (plus taxes and fees) using the payment information you provided for your initial purchase, until you cancel.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES OR SERVICES.
BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THEN YOU CANNOT USE THE SITES OR SERVICES.
1.0 Existence of Contract
1.2 Amendment. We reserve the right to modify or replace these Terms at any time in our sole discretion. Any changes will be effective upon posting the revised version of these Terms of Services (or such later effective date as may be indicated at the top of the revised Terms).
2.0 Conditions to Use of Sites or Services
2.1 Over 13 years. You may not access the Sites or use the Services if you are under the age of 13 years. You represent and warrant that you are more than 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
2.2 Consent to Electronic Communications. You agree that the Site and Services may include certain communications such as service announcements or administrative messages, and that these communications are considered part of your Site or Services and you will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.3 Consent for Promotions; Opt-out. Snap One may also send you promotional offers and news about Snap One, the Sites or Services, which you agree to receive unless you opt-out from receiving by following the instructions on the promotional messages or by emailing us at email@example.com.
2.4 Limitations on Use.
(a) You agree to use the Services only for lawful purposes and for their intended purposes and only as permitted by these Terms of Service.
(b) The Content available on the Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Services. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Services without our prior written permission.
(c) You may not employ, post, or share any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, false, libelous, slanderous or otherwise objectionable or in violation of applicable laws and regulations.
(d) You may not take any action or post, upload or distribute any content that violates, misappropriates or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
(e) You may not use the Services to collect any personally identifiable information, including profile names, email addresses or other such information for commercial purposes or for any purpose prohibited by applicable laws or regulations.
(f) You may not use the Services in any manner that could damage, disable, overburden or impair the Services or any server or other hardware associated with the Services; disobey any requirements, procedures, policies, procedures or regulations of networks connected to the Services; interfere with any other party's use and enjoyment of the Services; frame or utilize framing techniques to display content from a source other than the Services; use any Snap One-owned mark or product name as a meta-tag or other ‘hidden text' for search engines in a manner that does not inure to the benefit of Snap One.
(g) You may not use the Services to distribute or transmit any kind of unsolicited email in violation of any applicable law governing so-called "spam" or other unsolicited electronic communications. You may not use the Site or Service to attempt to access or otherwise interfere with the accounts or content contained in the accounts of any other user of the Site or Service.
2.5 Impermissible Activity. If you encounter any prohibited content, material or other potential violations on the Services, you should be immediately report such content or violations to firstname.lastname@example.org. We may also suspend and prohibit future use of the Services if we believe a user is violating these Terms of Service or otherwise engaging in or attempting to engage in unlawful activities through the Services.
3.0 Requirements for use of Sites or Services; Limitations
3.1 Compatibility. Use of the Sites or Services may require compatible devices (personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plan with necessary wireless data features; may require periodic updates; and may be affected by the performance of these factors. Your use of mobile device features may result in increased charges from your wireless carrier.
3.2 Registration. Use of the Sites or Services may require you to register. You may establish a free account ("Free Account"), or a paid account ("Paid Account").
(a) If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for a single user only. It is prohibited for you to permit (a) any other person to use the registered sections under your name, or (b) access through a single name to multiple users on a network.
(b) If there are any changes to that information or if you believe there has been unauthorized use of your account, then you shall immediately notify us by emailing email@example.com.
(c) We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration.
3.3 Availability of the Sites or Services. Snap One does not guarantee availability of the Sites or Services, shall not have any liability to you for any unavailability of the Sites or Services, and is under no obligation to provide you with maintenance, technical support or updates for the Sites or Services unless provided in conjunction with your plan type.
3.4 User Limits. You acknowledge and agree that Snap One may, at its option, establish limits concerning Sync Files, including, without limitation, the maximum number of days that Sync Files will remain available via the Services or on the Sites, the maximum size of any Files that may be stored on or uploaded to the Sites or Services and the maximum disk space that may be allotted to you for the storage of Sync Files on Snap One's servers.
3.5 Site and Services Updates. Snap One reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Sites or Services at any time. We may add or remove functionalities or features, and we may suspend or stop the Sites or Services altogether.
4.0 PAID SUBSCRIPTIONS: Account Features; Billing Policies; Refund and Cancellation Procedures
The following provisions are applicable to paid subscriptions only.
4.1 Subscription Fees; Upgrades; Promotions
(a) The fees applicable for the Sites or Services ("Fees") are available at the Sites or Services, and, are inclusive of the allotted storage space for the selected Sites or Services. You are responsible for any taxes and all other charges (i.e., data charges and currency exchange settlements).
(b) Snap One reserves the right to change the Fees in its sole discretion.
(c) In addition to any Fees, you may incur additional charges for using the Sites or Services, such as charges for Internet Access, data roaming, and other transmission charges.
(d) Subscription Storage Upgrades: Snap One offers the option of increasing your account storage space, regardless of your plan type (Paid User or Free User). If you choose to upgrade, Snap One will automatically charge your credit card for the upgrade fee based on the selected Subscription Price and Period. If you choose to upgrade while on a Free Trial Period (i.e. a Free User), you acknowledge waiving your rights to the Free Trial. Upgrading within a Free Trial Period (Trial Period has not expired) automatically classifies you as a Paid User. You acknowledge that the amount billed each Subscription Period may vary for reasons that include, different amounts due to promotional offers, different amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts.
4.2 Subscription Period. The subscription period for Paid Accounts may be weekly, monthly, quarterly, semi-annual, annual, or other duration as described in the account features for your account ("Subscription Period").
You may only change your current Subscription Period to a longer Subscription Period. If you change your current Subscription Period to a new Subscription Period, then we will apply the unused portion of your old Subscription Fee to the cost of your new Subscription Period.
4.3 Credit Card Authorization. By providing Snap One with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Snap One to charge you for the services using your payment method; and (iii) authorize Snap One to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you or place a hold on your account (e.g. a pending authorization hold) up to the amount you've approved. You agree that your payment constitutes consent under the Child On-Line Privacy Protection Act with regard to Snap One's use of any information that you provide or that Snap One detects regarding your usage of the Sites or Services.
IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU MUST CANCEL THE ACCOUNT, OR DOWNGRADE TO A FREE ACCOUNT, BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED. IF YOU HAVE NOT PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF ANY FREE TRIAL WITH FIXED DURATION OR YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE PERIOD.
4.4 Negative Billing Option : The accounts shall automatically renew for the same Subscription Period, unless you cancel the account (or for a Paid Account, you downgrade to a Free Account) by the end of the current Subscription Period. The accounts will be renewed and charged based on the initial date of the account activation.
4.5 Cancellations and Terminations
(a) Cancellations may be made online or by contacting customer care via phone at 1 (877) 343-3502, or via email at firstname.lastname@example.org. Your cancellation must be received by end of business (5:00 p.m. Eastern Standard Time) to be effective as of that day. (i) If your subscription is billed annually or quarterly: If you cancel within 30 days of your order, you may request a full refund of the subscription price you have paid. If you cancel an annual subscription after 30 days but before 6 months, or a quarterly subscription after 30 days but before 2 months, you may request a refund of your subscription price less the cost of the months of service you have received. (ii) If you have chosen monthly billing, you may request a refund of the current month's subscription price.
(b) If you cancel your subscription but are not eligible for a refund, you will retain access to the Site or Services until your subscription expires.
(c) If any fee is not paid when due, Snap One reserves the right to terminate your use of the Sites or Services.
(d) Refund Process. Your refund for a return will be made through the original payment method (credit, debit, check, etc.) and may take up to three days if payment was via credit card or up to two months if payment was billed to your mobile account. Credit is posted back to the original mode of payment. After the return has been credited to your account, your bank may take more time to post it on your account.
5.0 FREE ACCOUNTS: Account Features and Cancellation Procedures
The following provisions are applicable to Free Accounts only.
5.1 Limitations, Subscription Periods and Upgrades
(a) Snap One reserves the right to change the limitations inherent in Free Accounts in its sole discretion. Free Accounts may include limitations of time, storage provided, or product capabilities, compared to a Paid Subscription.
(b) Subscription Storage Upgrades: Snap One offers the option of increasing your account storage space, by upgrading your plan to become a Paid User. If you choose to upgrade, Snap One will require you to enter your credit card for the upgrade fee. If you choose to upgrade while on a Free Trial Period, you acknowledge waiving your rights to the Free Trial.
5.2 Subscription Period. For Free User accounts, the Subscription Period is subject to the sole discretion of Snap One and Snap One may terminate a Free User account at any time and without any notice.
5.3 Free Trials. Certain Sites or Services may have a free trial period, if offered by Snap One, during which time the Sites or Services can be used without charge (a "Free Trial"). If you are participating in a Free Trial with a fixed duration, you will need to provide Snap One with a payment method (e.g. credit card information) prior to the end of the Free Trial if you wish to continue using the Sites or Services.
5.4 Free Versions. Certain versions of Sites or Services, if offered by Snap One, may offer a subset of capabilities that can be used without charge (a "Free Version"). If you are utilizing a Free Version, you will need to provide Snap One with a payment method (e.g. credit card information) prior to gaining access to the full capabilities of the Snap One product suite.
5.5 Cancellations and Terminations. Cancellations may be made online or by contacting customer care via phone at 1 (877) 343-3502, or via email at email@example.com. Your cancellation must be received by end of business (5:00 p.m. Eastern Standard Time) to be effective as of that day. You may cancel a free trial at any time during the free trial period and incur no charge.
6.0 Storage, File Sync, Suspension and Termination of Customer's Use of the Sites or Services
6.1 Content Storage. By using or accessing the Sites or Services, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Snap One reserves the right to store and process personal information outside of the United States.
6.2 File Sync, Storage. Certain Sites or Services may allow you to select the Files you want to sync and/or store. In order to make the Sites or Services available to you, you hereby grant to Snap One a license: (I) to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store; and (II) to copy, transmit, publish, and distribute to others the Files as you designate, whether through the sharing or public linking features of the Sites or Services, in each case solely to provide the Service to you.
6.3 Temporary Suspension. We may suspend your access to or use of the Sites or Services for: (a) the actual or suspected violation of these Terms; (b) the use of the Sites or Services in a manner that may cause Snap One to have legal liability or disrupt other's use of the Sites or Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive bandwidth; or (f) unplanned technical problems and outages. We also reserve the right, to temporarily suspend your access to the Sites or Services at any time, in our sole discretion, with or without cause, and with or without notice.
6.4 Free Accounts Termination. We, in our discretion, may terminate your free account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User, or (b) you do not engage in any activity in your account for any period of ninety (90) consecutive days. In the event of such termination, any Content you may have stored will be lost.
6.5 Access Rights Upon Termination of Paid Accounts. Upon termination of a paid account by Snap One for reasons other than cause, you may request that your Content be retrieved. You must make such request within thirty (30) days following termination. Snap One shall have no obligation to maintain any Content you have stored with the Sites or Services after 30 days. YOU HEREBY WAIVE ANY CLAIM YOU HAVE OR COULD HAVE ARISING FROM LOSS OF DATA AS A RESULT OF NOT PROPERLY NOTIFYING SNAP ONE OF YOUR DESIRE TO RECOVER THE CONTENT.
8.0 Indemnification; No Warranty; Limitation of Liability
8.1 Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Services. You agree to indemnify, defend and hold harmless Snap One and its affiliates from any third party claim, action, demand, loss or damages (including attorney's fees and costs) arising out of or relating to (a) your violation of any term of these Terms of Service, (b) your use of or access to the Services or the content, (c) the User Submissions, User Files or Content that you upload to or download from the Sites or Service (d) any improper, unauthorized or illegal uses of your profile, and (e) your violation of any rights of a third party, including without limitation any property or privacy right.
8.2. Responsibility of User; Costs of Retrieval. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Sites or Services. Without limiting the foregoing, you will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Sites, Services, Sync Files and/or Digital Content.
8.3 Warranty Disclaimer. Disclaimer. You acknowledge that Snap One does not have any obligation to monitor the Sites or Services, User Files, Content, or User Posts for any purpose, but has the right to do so for the purpose of operating the Sites or Services, to ensure user's compliance with These Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Notwithstanding, Snap One is not responsible for the accuracy, completeness, appropriateness, legality or applicability of User Files, Content, or User Posts, or anything said, depicted or written by users in their User Posts, including without limitation, any information obtained by using the Sites or Services. Snap One does not endorse anything contained in User Files, Content, or User Posts or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snap One with respect thereto.
8.4 "AS IS" Basis. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS AND "AS AVAILABLE" BASIS. SNAP ONE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SNAP ONE SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) THE ACTIONS OF ANY THIRD PARTY, (B) THE UNAVAILABILITY OF THE SERVICES OR ANY LOSS OF DATA, (C) YOUR USE OF THE SERVICES OR THE CONTENT, (D) ANY USER SUBMISSIONS, AND (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES OR THE CONTENT, and (E) YOUR USE OF ANY THIRD-PARTY SERVICES SUCH AS WEBSITES, MOBILE WEBSITES, LINKS, ETC. DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SERVICES.
THE SNAP SECURE MOBILE SOFTWARE APPLICATION DOES NOT GUARANTEE THE FUNCTIONALITY, SECURITY, OR AVAILABILITY OF ANY OF ITS FEATURES, INCLUDING, WITHOUT LIMITATION, THE LOCATION ACCURACY PROVIDED VIA A-GPS AND/OR GPS, THE REMOTE DATA WIPE, THE PANIC BUTTON FEATURE, AND ANY OTHER CURRENT OR FUTURE FEATURE THAT MAY BE INTRODUCED.
WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN SNAP ONE SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
8.5 Limitation of Liability. SNAP ONE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, SNAP ONE'S DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.
9.0 Digital Millennium Copyright Act (DMCA)
9.1 DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Website, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
· An electronic or physical signature of a person authorized to act on behalf of the copyright owner of the copyrighted works allegedly infringed;
· Specific identification of the copyrighted work (or a list of works) that you claim has been infringed;
· Specific identification of the material that is claimed to be infringing and its manner of infringement and where it is located on the Site or Service;
· Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
· A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
9.2 DMCA Agent. The above information must be submitted to the following DMCA Agent:
Name: Legal Counsel
c/o Jiren Parikh
3490 US Highway 1 North, Bldg. 16
Princeton NJ, 08540
10.0 Intellectual Property Rights.
10.1. Snap One Rights. Snap One shall retain ownership in and to the Sites and Services and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Sites or Services. You further acknowledge and agree that nothing in this Agreement and no use of the Sites or Services shall cause to vest or be construed to vest in you, any right, title or interest in or to the Services other than the express right to use the Services solely in accordance with the terms and conditions of this Agreement.
10.2 User Submissions. You may post materials, content, feedback or other information on various portions of the Services, including, without limitation, personal information, graphics, photographs, images, opinions, comments and questions (collectively, a "User Submission"), subject to the following conditions:
(a) You hereby acknowledge and agree that User Submissions shall not be treated as confidential information, that all such User Submissions are publicly available to any viewer of the Services, and that you shall be solely responsible for any and all liability, direct and indirect, relating to or arising from the posting of any User Submissions.
(b) By submitting User Submissions for publication on the Services, you irrevocably grant us a non-exclusive, fully paid-up, royalty-free, worldwide, perpetual right and license to use, copy, modify, adapt, publish, translate and distribute such User Submissions, in whole or in part, and/or to incorporate them in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Submissions, and to sublicense such rights through multiple tiers of sublicensees, and you represent and warrant that, if you are not the owner of such User Submissions, that the owner of such User Submissions has expressly granted you the right to grant the foregoing license to User Submissions.
(c) We will not pre-screen or have an obligation to monitor, for example, User Submissions for any purpose including whether any User Submissions violate the intellectual property rights of others, including any copyrights, rights of privacy or rights of publicity. The inclusion of User Submissions on the Services does not imply any endorsement or sponsorship by Snap One of the User Submissions, and we make no warranties, express or implied, as to the accuracy and reliability of such User Submissions.
11.1 Governing Law. This Agreement is governed by the laws of the State of New Jersey, U.S.A., without regard to the conflicts of laws principles thereof that would apply the substantive laws of any other state.
11.3 Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.
11.4 No Construction Against Drafter. The terms of this Agreement shall not be construed against Snap One by virtue of its having drafted them.
11.5 Survival. In the event of the termination of this Agreement, any obligation of yours which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Snap One's rights, including the limitations on use of the site or services and the right to be indemnified under this Agreement, shall survive any termination of this Agreement.
11.6 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party any benefit or any right.
11.7 Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11.8 No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder.