Terms of service
JABBR Terms of Service
This website is owned and operated by JABBR Technologies Inc. and its subsidiaries and affiliates (collectively “JABBR,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access services, software, mobile applications, and websites (the “Services”) and hardware products or devices (“Products”). The definitions of Services and Products are limited to those that are manufactured, sold, provided, or offered by JABBR. These Terms also govern your legal rights with respect to Third Party Services (defined below). Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or accessing the Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and JABBR (this “Agreement”). Please read these Terms closely because they contain important information about automatic renewal, a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you may have against JABBR on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.*If you do not agree with these Terms, please do not purchase or use Products or Services or Third Party Services. *
GENERALThis Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and JABBR. All rights not expressly granted herein are reserved by JABBR. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.Specific areas or pages of JABBR’s websites may include additional or different terms relating to the purchase or use of the Products and Services or Third Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes (i) and (ii) as follows: (i) the following “Owners”: any person or entity who either (a) purchases a Product or Service, or (b) is the owner of the Product and creates an account associated with the Product, and (ii) the following “Covered Parties”: (a) any members of an Owner’s household, or (b) any person or entity that accesses or uses the Owner’s Products or Services. Covered Parties are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these Terms on behalf of all Covered Parties and agrees to be fully responsible for all actions taken by Covered Parties relating to the Owner’s Products, Services and account, including, without limitation, minor children or wards, regardless of age. As a result, if you are an Owner, you should allow only those individuals that you trust to access your account, Products, and Services.You must be at least 18 years old to use the Products and Services. If JABBR discovers that a person using the Products and Services on your subscription is under the age of 18, your subscription will be suspended immediately. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
CHANGES TO THIS AGREEMENT AND SERVICES
Except as set forth in the Dispute Resolution section, JABBR is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the blackbirdtools.com website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use the Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates. We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. We may change any aspect of the Products or Services, including, without limitation, the applicable fees and/or features related to the Products or Services, at any time and for any reason in our sole discretion.We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE
All right, title and interest in the Services and content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by JABBR, its licensors, or designated third parties. Subject to these Terms, JABBR grants you a limited, non-transferable, non-exclusive right to access and make commercial use of the Products and Services. Notwithstanding the foregoing, businesses may purchase Products and use the Services for their own internal, lawful business purposes (such as using Products on their business premises or enabling tenants to use the Products); however, this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of JABBR, to ensure that you comply with any applicable laws when you use the Products and Services.If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:· Infringes or violates the intellectual property rights or any other rights of anyone else (including us);· Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;· Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;· Jeopardizes the security of your JABBR account or anyone else’s (such as allowing someone else to log in to the Services as you);· Attempts, in any manner, to obtain the password, account, or other security information from any other user;· Violates the security of any computer network, or cracks any passwords or security encryption codes;· Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);· “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);· Copies or stores any significant portion of the Content, except as permitted through intended use of a Product or Service feature; orA violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
TRADEMARKS AND COPYRIGHTS
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of JABBR or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.Except as otherwise noted, JABBR is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, JABBR. JABBR expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
SUBSCRIPTIONS
Paid Monthly and Annual Subscriptions. When you first set up your Product through the Services, you shall enroll in a monthly or annual paid subscription plan, which will continue until you or we cancel your subscription. These subscription plans entitle you to access the Products and Services for each payment period until such subscription is cancelled. Your paid subscription will automatically commence on the first day of your subscription. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE JABBR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, JABBR reserves the right to cancel your subscription unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.To the extent applicable, if you choose to pay by direct debit, you agree that we may take the charge as early as the first day of the applicable subscription period. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge.Cancellation of Subscription Services. For more information about canceling your monthly or annual Subscription, please communicate with your contact at JABBR. After your cancellation, you will continue to enjoy access to the JABBR Subscription until your subscription period ends. After such subscription period ends, your data will no longer be accessible to you and all active monitoring and alerting will cease.
REFUNDS
Risk of Loss
All purchases of physical items from JABBR are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Return Policy
If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered. Items purchased at JABBR between November 1 and December 31, may be returned through January 31 of the immediately following year. JABBR does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, JABBR does not take title to the refunded item. JABBR reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. JABBR may also require additional qualifying information prior to accepting or processing any order. JABBR sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.THIRD PARTY SERVICES You may be allowed to access or acquire through JABBR, certain products, websites, applications, content or services from third parties (“Third Party Services”). In some cases, you may be purchasing the Third Party Services directly from those third parties, not from JABBR. These Third Party Services may include installation, maintenance, upgrades, etc. A description or reference to any Third Party Service by or through Services (including any description or reference via hyperlink) does not imply endorsement by JABBR of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. JABBR has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through JABBR. Those who choose to access information provided by third parties (including any information obtained through Services) are solely responsible for the compliance of such information with any applicable law.
SOFTWARE UPDATES
From time to time, JABBR may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that JABBR may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
PRODUCTS AND SOFTWARE
Downloading or using JABBR software (including mobile applications) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Such software is copyrighted by JABBR or its licensor(s), and may be protected by one or more patents owned by JABBR or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such Product or Service. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.JABBR uses open-source code for its software. Any use of the JABBR software by you is at your own risk. You agree to indemnify JABBR for any losses, damages, attorneys’ fees, costs, etc. that may arise from your use of the of the software.
NO LIFE AND SAFETY OR CRITICAL USES; BACKUPS
You acknowledge that Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities. JABBR makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate response services.We strongly suggest that you backup any important data (for example, by downloading and locally saving any such data). You are solely responsible to backup your data to another location outside the Services to avoid loss of your data.
NO REPRESENTATIONS OR WARRANTIES
This website may contain errors and may not be complete or current. JABBR therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to Product or Service descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.EXCEPT FOR ANY LIMITED WARRANTY PROVIDED, THE PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, AND JABBR DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JABBR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.LIMITATIONS OF LIABILITY IN NO EVENT SHALL JABBR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. JABBR DISCLAIMS ALL LIABILITY OF ANY KIND OF JABBR’s LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL JABBR’S BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD JABBR HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.JABBR IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO A PRODUCT OR SERVICE THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF JABBR’S CONTROL, INCLUDING WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF JABBR FOR THE DURATION OF AN INTERRUPTION.
JURISDICTION AND CHOICE OF LAW
The Terms, Services, and Products shall be construed and enforced in accordance with the laws of the state of California, without regard to any jurisdiction’s principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the courts located in Orange County, California for the purpose of any suit, action or other proceeding arising out of or relating to the Terms, Services, and Products and you hereby irrevocably waive any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in any such court or that such court is an inconvenient forum. You hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this agreement. DISPUTE RESOLUTIONMandatory, Bilateral Arbitration and Waiver of Class ActionsPLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.YOU AND JABBR AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or Ring’s right to seek injunctive or other equitable relief in state or federal court in Los Angeles County California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award the same damages and relief as a court (including private or public injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.“Disputes” shall include, but are not limited to, any claims or controversies between you and JABBR against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, and/or the content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Ring, even if the claim arises after you or JABBR has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) JABBR brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Ring, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Ring; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.Dispute NoticeBefore initiating an arbitration, you and JABBR each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: ADDRESS, Attention: Legal Department. We will provide a Notice of Dispute to you via the email address associated with your JABBR account. You and JABBR agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.*Arbitration Process and Procedure *If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within the United States convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and JABBR expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim or demand for relief (e.g., public injunctive relief), then that claim or demand (and only that claim or demand) must be severed from the arbitration and may be brought in court.If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND JABBR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and JABBR each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim or demand for relief is subject to arbitration or should be severed. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.HearingIf your claim does not exceed $10,000 (USD), you and JABBR agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and JABBR submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Ring, or deemed necessary by the arbitrator, you and JABBR agree that the hearing will be conducted telephonically or videographically.Arbitrator’s DecisionAn arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.*Fees *It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, JABBR will pay the additional cost. If your claim for damages does not exceed $25,000 (USD) and you follow the dispute notice procedure set forth above, JABBR will reimburse your filing fees at the conclusion of the arbitration unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).*Small Claims & Government Actions *As an alternative to arbitration, you or JABBR may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against JABBR on your behalf.
SEVERABILITY AND SURVIVAL
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.PRIVACYPlease see JABBR’s Privacy Notice for information regarding the collection and use of personal information collected through the Products and Services.CUSTOMER SERVICEQuestions concerning these Terms, requests for cancellation of your subscription, or other requests or questions should be directed to:2372 Morse Avenue, Suite 419, Irvine, CA 92614 IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.
BROADBAND INTERNET ACCESS.
The Services and Products will not work or be accessible without: (i) a working wifi network at your that is positioned to communicate reliably with your Products; (ii) an active, current and properly completed account with JABBR; (iii) an enabled and supported wireless device; and (iv) always-on broadband internet access with bandwidth sufficient to support your Products (collectively, the or your “System Elements”). It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with your Products. You acknowledge that the Services and Products may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with your Products and Services. If JABBR receives notice that you failed to maintain the required System Elements, JABBR may, in its sole discretion, elect to terminate the Services.. You acknowledge and agree that the System Elements are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of your Product to send listed codes and, in such event, the Services will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the Services being unreliable or unavailable for the duration of the Service Problem. JABBR is not responsible or liable for any such Service Problems.XII. DUTY TO PROPERLY INSTALL, TEST AND POWER YOUR PRODUCT.It is your responsibility to install your Product in strict accordance with the instructions and specifications made available to you. IF YOUR PRODUCT IS NOT PROPERLY INSTALLED, OR IF YOUR PRODUCT OR ANY OF ITS ACCESSORIES ARE NOT CONNECTED TO THE INTERNET, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test your Product once installed, and then regularly test and maintain your Product after installation. YOU UNDERSTAND AND AGREE THAT YOUR PRODUCT MAY NOT FUNCTION OR PROPERLY FUNCTION IF IT IS NOT PLUGGED IN OR NEED SERVICE; PLEASE CHECK THEM REGULARLY.
THE CUSTOMER’S DEFAULT
If you fail to perform your obligations under this Agreement (monetary or non-monetary), JABBR will have the right, in its sole discretion, to terminate the Services. If JABBR elects to do so, it will first notify you, of your obligation failures and JABBR’s intention to terminate the Services (the “Notice of Intention to Terminate”). You will have seventy-two (72) hours from the date the Notice of Intention to Terminate is first sent to you to fully cure your performance failures (the “Cure Period”), time being of the essence. If you fail to timely do so, JABBR may then, in its sole discretion, terminate the Services at any time after providing you notification (the “Termination Notice”). The termination of the Services will take effect within forty-eight (48) hours after the Termination Notice is first sent to you (the “Termination”). In the event of a Termination, and to the fullest extent permitted by applicable law, you agree to pay JABBR, (a) all amounts then due, and (b) JABBR’s reasonable collection costs, including attorneys’ fees and costs. In the event of a Termination of the Services, no Services will thereafter be provided. If JABBR waives any default or performance failures, JABBR is not waiving other defaults. Any waiver by JABBR must be in writing, and may not be implied by its actions or inactions. To the fullest extent permitted by applicable law, in the event of a Termination, you hereby expressly authorize JABBR to charge the payment card associated with your account the full amount then due and JABBR’s reasonable collection costs, including attorneys’ fees and costs, if applicable. Further, JABBR reserves the right to terminate the Services, with no further obligation to you (except payment for all amounts then due) in the event of: (i) tampering with the Product, software, or JABBR servers by you or someone using your subscription, (ii)excessive runaway and/or false signals, (iii) your failure to maintain a broadband internet access service, (iv) breach of the reasonable policies and procedures of the Services (collectively, the “Other Termination Reasons”). If JABBR elects to terminate the Services for Other Termination Reasons, it will send you a Termination Notice pursuant to Terms and Conditions. The termination of the Services will take effect for the Other Termination Reasons within forty-eight (48) hours after the Termination Notice is first sent to you.
SUBCONTRACTING AND ASSIGNMENTS.
You cannot transfer or assign this Agreement without JABBR’s consent; however, JABBR can assign this Agreement or subcontract its obligations without your consent, including the Services. If JABBR does so, anyone to whom JABBR assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.
NO THIRD-PARTY BENEFICIARIES
EXCEPT FOR SUBCONTRACTORS AND ASSIGNEES AS PROVIDED FOR OR PERMITTED IN THIS AGREEMENT, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
MALWARE VULNERABILITY NOTICE AND WAIVER
Equipment that relies on wireless or internet connections or are connected to a network of any kind may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to arm or disarm your system or related equipment; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk. JABBR MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCTS OR SERVICES ARE SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. JABBR assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold JABBR harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of contract or negligence of any kind or degree of JABBR (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the LIMITATION OF JABBR’S LIABILITY in these Terms and Conditions shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.
SMART DEVICE STANDARDS/THIRD PARTY DEVICES.
SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) MAY NOT WORK WITH YOUR ALARM PRODUCT OR THE SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION.JABBR IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD JABBR HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES WITH YOUR PRODUCT OR SERVICES. FURTHER, JABBR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK WITH YOUR PRODUCT OR SERVICES, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE. In addition, you agree JABBR may terminate the Services of the Terms and Conditions if JABBR, in its sole discretion, believes the operation of any Third-Party Device causes or may cause an issue to your Product or Services or with JABBR’s liability to you or others.
This website is owned and operated by JABBR Technologies Inc. and its subsidiaries and affiliates (collectively “JABBR,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access services, software, mobile applications, and websites (the “Services”) and hardware products or devices (“Products”). The definitions of Services and Products are limited to those that are manufactured, sold, provided, or offered by JABBR. These Terms also govern your legal rights with respect to Third Party Services (defined below). Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or accessing the Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and JABBR (this “Agreement”). Please read these Terms closely because they contain important information about automatic renewal, a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you may have against JABBR on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.*If you do not agree with these Terms, please do not purchase or use Products or Services or Third Party Services. *
GENERALThis Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and JABBR. All rights not expressly granted herein are reserved by JABBR. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.Specific areas or pages of JABBR’s websites may include additional or different terms relating to the purchase or use of the Products and Services or Third Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes (i) and (ii) as follows: (i) the following “Owners”: any person or entity who either (a) purchases a Product or Service, or (b) is the owner of the Product and creates an account associated with the Product, and (ii) the following “Covered Parties”: (a) any members of an Owner’s household, or (b) any person or entity that accesses or uses the Owner’s Products or Services. Covered Parties are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these Terms on behalf of all Covered Parties and agrees to be fully responsible for all actions taken by Covered Parties relating to the Owner’s Products, Services and account, including, without limitation, minor children or wards, regardless of age. As a result, if you are an Owner, you should allow only those individuals that you trust to access your account, Products, and Services.You must be at least 18 years old to use the Products and Services. If JABBR discovers that a person using the Products and Services on your subscription is under the age of 18, your subscription will be suspended immediately. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
CHANGES TO THIS AGREEMENT AND SERVICES
Except as set forth in the Dispute Resolution section, JABBR is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the blackbirdtools.com website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use the Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates. We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. We may change any aspect of the Products or Services, including, without limitation, the applicable fees and/or features related to the Products or Services, at any time and for any reason in our sole discretion.We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE
All right, title and interest in the Services and content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by JABBR, its licensors, or designated third parties. Subject to these Terms, JABBR grants you a limited, non-transferable, non-exclusive right to access and make commercial use of the Products and Services. Notwithstanding the foregoing, businesses may purchase Products and use the Services for their own internal, lawful business purposes (such as using Products on their business premises or enabling tenants to use the Products); however, this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of JABBR, to ensure that you comply with any applicable laws when you use the Products and Services.If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:· Infringes or violates the intellectual property rights or any other rights of anyone else (including us);· Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;· Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;· Jeopardizes the security of your JABBR account or anyone else’s (such as allowing someone else to log in to the Services as you);· Attempts, in any manner, to obtain the password, account, or other security information from any other user;· Violates the security of any computer network, or cracks any passwords or security encryption codes;· Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);· “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);· Copies or stores any significant portion of the Content, except as permitted through intended use of a Product or Service feature; orA violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
TRADEMARKS AND COPYRIGHTS
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of JABBR or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.Except as otherwise noted, JABBR is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, JABBR. JABBR expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
SUBSCRIPTIONS
Paid Monthly and Annual Subscriptions. When you first set up your Product through the Services, you shall enroll in a monthly or annual paid subscription plan, which will continue until you or we cancel your subscription. These subscription plans entitle you to access the Products and Services for each payment period until such subscription is cancelled. Your paid subscription will automatically commence on the first day of your subscription. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE JABBR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, JABBR reserves the right to cancel your subscription unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.To the extent applicable, if you choose to pay by direct debit, you agree that we may take the charge as early as the first day of the applicable subscription period. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge.Cancellation of Subscription Services. For more information about canceling your monthly or annual Subscription, please communicate with your contact at JABBR. After your cancellation, you will continue to enjoy access to the JABBR Subscription until your subscription period ends. After such subscription period ends, your data will no longer be accessible to you and all active monitoring and alerting will cease.
REFUNDS
Risk of Loss
All purchases of physical items from JABBR are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Return Policy
If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered. Items purchased at JABBR between November 1 and December 31, may be returned through January 31 of the immediately following year. JABBR does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, JABBR does not take title to the refunded item. JABBR reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. JABBR may also require additional qualifying information prior to accepting or processing any order. JABBR sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.THIRD PARTY SERVICES You may be allowed to access or acquire through JABBR, certain products, websites, applications, content or services from third parties (“Third Party Services”). In some cases, you may be purchasing the Third Party Services directly from those third parties, not from JABBR. These Third Party Services may include installation, maintenance, upgrades, etc. A description or reference to any Third Party Service by or through Services (including any description or reference via hyperlink) does not imply endorsement by JABBR of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. JABBR has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through JABBR. Those who choose to access information provided by third parties (including any information obtained through Services) are solely responsible for the compliance of such information with any applicable law.
SOFTWARE UPDATES
From time to time, JABBR may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that JABBR may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
PRODUCTS AND SOFTWARE
Downloading or using JABBR software (including mobile applications) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Such software is copyrighted by JABBR or its licensor(s), and may be protected by one or more patents owned by JABBR or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such Product or Service. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.JABBR uses open-source code for its software. Any use of the JABBR software by you is at your own risk. You agree to indemnify JABBR for any losses, damages, attorneys’ fees, costs, etc. that may arise from your use of the of the software.
NO LIFE AND SAFETY OR CRITICAL USES; BACKUPS
You acknowledge that Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities. JABBR makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate response services.We strongly suggest that you backup any important data (for example, by downloading and locally saving any such data). You are solely responsible to backup your data to another location outside the Services to avoid loss of your data.
NO REPRESENTATIONS OR WARRANTIES
This website may contain errors and may not be complete or current. JABBR therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to Product or Service descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.EXCEPT FOR ANY LIMITED WARRANTY PROVIDED, THE PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, AND JABBR DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JABBR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.LIMITATIONS OF LIABILITY IN NO EVENT SHALL JABBR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. JABBR DISCLAIMS ALL LIABILITY OF ANY KIND OF JABBR’s LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL JABBR’S BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD JABBR HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.JABBR IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO A PRODUCT OR SERVICE THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF JABBR’S CONTROL, INCLUDING WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF JABBR FOR THE DURATION OF AN INTERRUPTION.
JURISDICTION AND CHOICE OF LAW
The Terms, Services, and Products shall be construed and enforced in accordance with the laws of the state of California, without regard to any jurisdiction’s principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the courts located in Orange County, California for the purpose of any suit, action or other proceeding arising out of or relating to the Terms, Services, and Products and you hereby irrevocably waive any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in any such court or that such court is an inconvenient forum. You hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this agreement. DISPUTE RESOLUTIONMandatory, Bilateral Arbitration and Waiver of Class ActionsPLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.YOU AND JABBR AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or Ring’s right to seek injunctive or other equitable relief in state or federal court in Los Angeles County California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award the same damages and relief as a court (including private or public injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.“Disputes” shall include, but are not limited to, any claims or controversies between you and JABBR against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, and/or the content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Ring, even if the claim arises after you or JABBR has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) JABBR brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Ring, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Ring; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.Dispute NoticeBefore initiating an arbitration, you and JABBR each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: ADDRESS, Attention: Legal Department. We will provide a Notice of Dispute to you via the email address associated with your JABBR account. You and JABBR agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.*Arbitration Process and Procedure *If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within the United States convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and JABBR expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim or demand for relief (e.g., public injunctive relief), then that claim or demand (and only that claim or demand) must be severed from the arbitration and may be brought in court.If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND JABBR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and JABBR each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim or demand for relief is subject to arbitration or should be severed. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.HearingIf your claim does not exceed $10,000 (USD), you and JABBR agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and JABBR submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Ring, or deemed necessary by the arbitrator, you and JABBR agree that the hearing will be conducted telephonically or videographically.Arbitrator’s DecisionAn arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.*Fees *It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, JABBR will pay the additional cost. If your claim for damages does not exceed $25,000 (USD) and you follow the dispute notice procedure set forth above, JABBR will reimburse your filing fees at the conclusion of the arbitration unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).*Small Claims & Government Actions *As an alternative to arbitration, you or JABBR may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against JABBR on your behalf.
SEVERABILITY AND SURVIVAL
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.PRIVACYPlease see JABBR’s Privacy Notice for information regarding the collection and use of personal information collected through the Products and Services.CUSTOMER SERVICEQuestions concerning these Terms, requests for cancellation of your subscription, or other requests or questions should be directed to:2372 Morse Avenue, Suite 419, Irvine, CA 92614 IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.
BROADBAND INTERNET ACCESS.
The Services and Products will not work or be accessible without: (i) a working wifi network at your that is positioned to communicate reliably with your Products; (ii) an active, current and properly completed account with JABBR; (iii) an enabled and supported wireless device; and (iv) always-on broadband internet access with bandwidth sufficient to support your Products (collectively, the or your “System Elements”). It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with your Products. You acknowledge that the Services and Products may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with your Products and Services. If JABBR receives notice that you failed to maintain the required System Elements, JABBR may, in its sole discretion, elect to terminate the Services.. You acknowledge and agree that the System Elements are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of your Product to send listed codes and, in such event, the Services will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the Services being unreliable or unavailable for the duration of the Service Problem. JABBR is not responsible or liable for any such Service Problems.XII. DUTY TO PROPERLY INSTALL, TEST AND POWER YOUR PRODUCT.It is your responsibility to install your Product in strict accordance with the instructions and specifications made available to you. IF YOUR PRODUCT IS NOT PROPERLY INSTALLED, OR IF YOUR PRODUCT OR ANY OF ITS ACCESSORIES ARE NOT CONNECTED TO THE INTERNET, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test your Product once installed, and then regularly test and maintain your Product after installation. YOU UNDERSTAND AND AGREE THAT YOUR PRODUCT MAY NOT FUNCTION OR PROPERLY FUNCTION IF IT IS NOT PLUGGED IN OR NEED SERVICE; PLEASE CHECK THEM REGULARLY.
THE CUSTOMER’S DEFAULT
If you fail to perform your obligations under this Agreement (monetary or non-monetary), JABBR will have the right, in its sole discretion, to terminate the Services. If JABBR elects to do so, it will first notify you, of your obligation failures and JABBR’s intention to terminate the Services (the “Notice of Intention to Terminate”). You will have seventy-two (72) hours from the date the Notice of Intention to Terminate is first sent to you to fully cure your performance failures (the “Cure Period”), time being of the essence. If you fail to timely do so, JABBR may then, in its sole discretion, terminate the Services at any time after providing you notification (the “Termination Notice”). The termination of the Services will take effect within forty-eight (48) hours after the Termination Notice is first sent to you (the “Termination”). In the event of a Termination, and to the fullest extent permitted by applicable law, you agree to pay JABBR, (a) all amounts then due, and (b) JABBR’s reasonable collection costs, including attorneys’ fees and costs. In the event of a Termination of the Services, no Services will thereafter be provided. If JABBR waives any default or performance failures, JABBR is not waiving other defaults. Any waiver by JABBR must be in writing, and may not be implied by its actions or inactions. To the fullest extent permitted by applicable law, in the event of a Termination, you hereby expressly authorize JABBR to charge the payment card associated with your account the full amount then due and JABBR’s reasonable collection costs, including attorneys’ fees and costs, if applicable. Further, JABBR reserves the right to terminate the Services, with no further obligation to you (except payment for all amounts then due) in the event of: (i) tampering with the Product, software, or JABBR servers by you or someone using your subscription, (ii)excessive runaway and/or false signals, (iii) your failure to maintain a broadband internet access service, (iv) breach of the reasonable policies and procedures of the Services (collectively, the “Other Termination Reasons”). If JABBR elects to terminate the Services for Other Termination Reasons, it will send you a Termination Notice pursuant to Terms and Conditions. The termination of the Services will take effect for the Other Termination Reasons within forty-eight (48) hours after the Termination Notice is first sent to you.
SUBCONTRACTING AND ASSIGNMENTS.
You cannot transfer or assign this Agreement without JABBR’s consent; however, JABBR can assign this Agreement or subcontract its obligations without your consent, including the Services. If JABBR does so, anyone to whom JABBR assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.
NO THIRD-PARTY BENEFICIARIES
EXCEPT FOR SUBCONTRACTORS AND ASSIGNEES AS PROVIDED FOR OR PERMITTED IN THIS AGREEMENT, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
MALWARE VULNERABILITY NOTICE AND WAIVER
Equipment that relies on wireless or internet connections or are connected to a network of any kind may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to arm or disarm your system or related equipment; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk. JABBR MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCTS OR SERVICES ARE SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. JABBR assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold JABBR harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of contract or negligence of any kind or degree of JABBR (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the LIMITATION OF JABBR’S LIABILITY in these Terms and Conditions shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.
SMART DEVICE STANDARDS/THIRD PARTY DEVICES.
SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) MAY NOT WORK WITH YOUR ALARM PRODUCT OR THE SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION.JABBR IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD JABBR HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES WITH YOUR PRODUCT OR SERVICES. FURTHER, JABBR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK WITH YOUR PRODUCT OR SERVICES, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE. In addition, you agree JABBR may terminate the Services of the Terms and Conditions if JABBR, in its sole discretion, believes the operation of any Third-Party Device causes or may cause an issue to your Product or Services or with JABBR’s liability to you or others.