Last updated: December 7, 2016
Our Commitment to Privacy
This Site is intended for adult use only. We do not direct any part of our Site to children less than 18 years old, nor do we knowingly collect Personal Information from children.
We Collect Personal Information
In the consumer areas of the Sites, we collect Personal Information when you knowingly provide it to us. In order to use, access, or receive certain Services, you may be required to complete the applicable registration form accessible on the Sites. For example, to receive a login to the SkyRouter Site, you must provide your name and email address. To send a satellite message, you will be required to provide the number to which you are sending the message, your email address and a message. In addition, we collect Personal Information when you correspond with us.
To gain access to SkyRouter, you may be required to provide certain Personal Information, including your name, and email address and a password. In order to expedite your registration, and for verification purposes, it is possible that we may obtain certain Personal Information about you from the paperwork you have submitted during the purchase of equipment and subscription for Services from us such as your name, email address, mailing address, phone number, and/or citizenship. In addition, if you have chosen and authorized us to charge your credit card monthly by completing a form, we retain that form in your file. We may also retain the credit card number in an electronic form to expedite the monthly charging for Services or equipment. These files are encrypted on our servers and are only accessible by designated employees who have been given the de-encryption key.
Anonymous Information Collected Via Technology
The Ways We Use Information
We use Personal Information that you submit to us for a variety of business purposes, including to administer your account, communicate with you, respond to your requests, provide Services, improve the quality of the Site and Services, ensure compliance with applicable law, and provide you with information that may be useful or interesting to you. Such information may include newsletters and marketing communications. You can opt out of receiving newsletters from BSN by clicking the “Unsubscribe” link at the bottom of a newsletter email. Please note that even if you unsubscribe or opt-out, we may still send you transactional, relationship or service related emails (e.g., emails related to your use of Services or System Maintenance).
We may also use your Personal Information to create Anonymous Information by removing information that makes the information personally identifiable to you (such as your name or email address). We may use these records, and other Anonymous Information, to analyze usage patterns in order to enhance the Site or Services or for other business purposes.
The Ways We Disclose Information
We may disclose Personal Information or Anonymous Information:
- To third party vendors who help us make the Site or Services available or who support our business;
- To third parties to whom you ask us to send Personal Information, including those to whom you send a satellite message;
You may update your Personal Information if you have registered at SkyRouter by emailing us at email@example.com from your email address on record or, if you have access to SkyRouter, by editing your profile within SkyRouter. We may not be able to update any information previously disclosed to a third party. Your Personal Information is necessary in order for us to send you newsletters or other communications or to provide you access to SkyRouter. Therefore, if you delete such necessary information we may not be able to provide you certain Services.
Third Party Practices
Changes to Our Policy
Lead Time Orders are not shipped until payment has been received in full or, satisfactory credit arrangements have been made, and all required documents are returned signed. Orders are processed on the same or next business day after receipt of full payment and all signed documents.
For Express Shipment, we will ship your order the same day if the order and payment are received before 11:00AM Pacific Standard Time Monday through Friday, excluding holidays.
If you place the order and pay in full after 11:00AM and still wish to ship the order the same day, please be sure to call and we will make every attempt to accommodate your need.
Shipping Methods Customers are required to provide a shipping account number for shipment. We ship via FedEx, UPS, DHL, or your preferred freight forwarder. All products are shipped FOB San Diego, California. We will ship according to the level of service you request (overnight, 2-day, etc.). Once the order is processed and shipped, you will receive an email with a tracking number.
For shipments outside Continental United States, we ship via FedEx or UPS.
Shipping Charges We can calculate your shipping costs once your order is processed and ready to ship. Please call +1 858.551.3894 or email us to find out your shipping charges.
Shipping Liability Risk of loss of any Products shall pass to Customer upon delivery to any commercial common carrier FOB shipping point, San Diego, CA., USA. Any loss due to theft, accident or other incident occurring during shipping is the sole responsibility of Customer.
Return Policy All sales of Products are final. No returns shall be accepted by Blue Sky Network. Blue Sky Network’s sole obligation shall be to replace or repair defective Blue Sky Network Products covered by the warranty, provided that the Customer returns such defective Blue Sky Network Products within one (1) year of the date of the Quotation.
Equipment Purchase & Service Agreement Terms and Conditions (Covering Blue Sky Network Products and Services)
Upon the signed verification of the attached Quotation by the Customer (“Customer”), the Quotation and these Terms and Conditions shall constitute a binding contract (“Contract”) between Customer and Blue Sky Network, LLC, a Delaware limited liability company (“Blue Sky Network”) for the purchase of the products and services described in the Quotation.
PRODUCT TERMS AND CONDITIONS
- PRODUCTS. The Customer is purchasing the products described in the Quotation (“Products”) for Customer’s own personal use or for use in Customer’s business and agrees not to promote, sell or distribute the Products to any other individual or business without prior authorization in writing by Blue Sky Network.
- PAYMENT. All payments for Product must be in U.S. Dollars, shall include freight (unless provided by customer account), and must be received in advance of shipment. Risk of loss of any Products shall pass to Customer upon delivery to any commercial common carrier FOB shipping point, San Diego, CA., USA. Any loss due to theft, accident or other incident occurring during shipping is the sole responsibility of Customer. Notwithstanding the termination of services, all sales of Products are final and no returns shall be accepted by Blue Sky Network.
- ACKNOWLEDGEMENTS. Customer acknowledges that (i) the Products are intended to be used and installed on aircraft, (ii) installation of the Products and any of their component parts and any other work performed on the airframe during installation of the Products must be performed in accordance with Federal Aviation Administration (“FAA”) regulations and all other applicable regulations and may require further FAA certification, and (iii) the Products should be installed by a professional and are intended to be handled and used solely in accordance with FAA regulations and Blue Sky Network’s most recent specifications and instructions. FAA approval of installation is the sole responsibility of the purchaser and installation facility (except for those specific FAA approvals obtained by Blue Sky Network as indicated by Blue Sky Network in writing only). Buyer understands Blue Sky Network assumes no responsibility for these requirements.
- PRODUCT WARRANTY. Blue Sky Network warrants that the Products it manufactured shall be free from defects in materials and workmanship. This warranty (i) shall apply to Customer (as named in the Quotation) only and no other and (ii) shall not apply to any Product which is not stored, handled, installed or used in strict accordance with Blue Sky Networks’s specifications and instruction manuals, or which is altered without Blue Sky Network’s express consent, or which has been subject to misuse, negligence or accident. Blue Sky Network’s sole obligation shall be to replace or repair defective Products covered by this warranty provided that Customer returns such defective Product within one (1) year of the date of the Quotation. Customer hereby agrees that the replacement or repair of defective Products shall be Customer’s sole remedy in the event of a breach of warranty and shall be in lieu of any other remedy. Except as provided above with respect to Products only, Blue Sky Network makes no warranties relating to the Products (see section on Warranty Disclaimer/Limitation of Liability).
SERVICE TERMS AND CONDITIONS
- SERVICES. Customer is purchasing the service plan(s) described in the quote. A description of the services, charges and other pertinent details of the service plan are set forth in the service plan materials accompanying the Quotation and this agreement. Customer agrees to maintain service for a minimum Service Commitment of twelve (12) months as set forth on the Quotation. Upon the expiration of the Service Commitment, this Contract shall automatically renew on a monthly basis until notice is given to Blue Sky Network pursuant to the Service Termination provision. Customer will be assigned a user identification number and password to use the service. Customer shall have no rights in the user identification number or password and cannot obtain such rights through usage, publication or otherwise
- ACTIVATION. Equipment must be activated within 90 days of purchase. After this period equipment will be automatically activated and monthly service charges will apply.
- BILLING AND PAYMENT. Blue Sky Network service prices are attached to this Contract. Pricing shall be valid during the Service Commitment only. Thereafter, prices may be adjusted from time to time upon thirty (30) days’ notice to Customer. Customer agrees to pay Blue Sky Network for all services used and all related charges at current Blue Sky Network prices. Blue Sky Network prices are exclusive of taxes, tariffs and surcharges, if any, arising from the provision of services. Customer acknowledges that Blue Sky Network is entitled to add to Blue Sky Network’s prices all applicable taxes levied as a result of Customer’s usage of services and Customer is liable to pay all such taxes. Blue Sky Network shall provide Customer with a monthly invoice, for each Customer account, which shall account for all sums due arising from the provision of services. Customer shall pay recurring monthly plan fees in advance and all overages in arrears. Customer will provide Blue Sky Network with a credit card or advanced payment when establishing service with Blue Sky Network and Customer agrees Blue Sky Network may charge this credit card account or prepayment for all charges or other amounts due under Customer’s account on or after the relevant monthly invoice date.
- BILLING DISPUTES. Customer must notify Blue Sky Network in writing of any disputed charges within thirty (30) days of the date of the bill containing the disputed charges or Customer will have waived the right to dispute such charges. If equipment is lost or stolen, Customer is responsible for all charges incurred on the account number until the theft or loss is reported to Blue Sky Network.
- CHANGES TO TERMS AND CONDITIONS. Except as otherwise expressly provided herein, Blue Sky Network may increase, reduce or otherwise change any terms, conditions, rates, fees expenses, or charges regarding the service at any time. Blue Sky Network will provide Customer with notice of such changes (other than changes to governmental taxes, tariffs or surcharges) either in the monthly bill or separately. If Blue Sky Network increases Blue Sky Network’s charges under Customer’s service plan, Customer may terminate service within thirty (30) days of the date of the notice.
- AVAILABILITY OF SERVICE. Blue Sky Network does not guarantee uninterrupted service. Customer acknowledges that the quality, functionality and availability of services may be affected by factors outside the control of Blue Sky Network and that occasionally, services may be suspended temporarily in order to modify, expand, maintain or repair system components. If service is interrupted for twenty-four (24) continuous hours or more due to causes within Blue Sky Network’s control, Blue Sky Network may issue, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period service was unavailable, not to exceed the monthly service fee. An interruption is measured from the time Customer reports it to Blue Sky Network. Blue Sky Network may require that the credit request be in writing.
- EQUIPMENT/SOFTWARE. Customer shall be responsible for the installation, operation and maintenance of any equipment and software (including Blue Sky Network Products) used in connection with the services and for ensuring that all equipment and software used in connection with the services is compatible with the services.
- SERVICE TERMINATION. Either party may terminate the services at any time after the Service Commitment ends by giving at least thirty (30) days’ notice in writing to the other party. Blue Sky Network may terminate or interrupt service without notice for any conduct Blue Sky Network believes violates this Contract, including, without limitation, the failure to pay when due any charges owed to Blue Sky Network, or, if the service is used in violation of applicable governmental rules and regulations. Customer termination of the services within the Service Commitment period will result in early termination fees equal to the service fees due for the remaining Service Commitment period and are due in full upon notice of termination.
GENERAL TERMS AND CONDITIONS
- WARRANTY DISCLAIMER/LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN WITH RESPECT TO THE BLUE SKY NETWORK PRODUCTS, NO WARRANTIES APPLY (AND BLUE SKY NETWORK SPECIFICALLY DISCLAIMS ALL WARRANTIES), WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW (INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). IN NO EVENT, WHETHER DUE TO BREACH OF WARRANTY HEREUNDER OR ANY OTHER CAUSE WHATSOEVER, SHALL BLUE SKY NETWORK BE LIABLE FOR OR OBLIGATED IN ANY MANNER TO PAY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, COST OF SUBSTITUTE PRODUCTS AND PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER SUCH CLAIM IS BASED ON CONTRACT OR TORT OR ANY OTHER THEORY OF LAW. Blue Sky Network’s only duties in connection with the sale of the Products shall be to honor the limited warranty for the Products as set forth herein. To the extent assignable, any manufacturer warranty for Products other than the Products shall be assigned by Blue Sky Network and passed through to the Customer. Blue Sky Network’s sole liability, if any, for loss or damage arising out of mistakes, omissions, interruptions, errors or any other causes relating to the services, INCLUDING THE NEGLIGENCE OF BLUE SKY NETWORK, shall be limited to the credit for service interruption for each separate period of interruption as described in the section on Availability of Service. EXCEPT FOR THE FOREGOING, CUSTOMER WAIVES ANY RIGHT OF RECOVERY AGAINST BLUE SKY NETWORK FOR ANY CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LOSSES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES OR COSTS) (“CLAIMS”) BY OR DUE TO THIRD PARTIES AND SUFFERED BY CUSTOMER, DIRECTLY OR INDIRECTLY RELATING TO OR ARISING FROM THE NEGLIGENCE OF BLUE SKY NETWORK OR THE MANUFACTURE, DISTRIBUTION, SALE, USE OR INSTALLATION OF ANY PRODUCT OR THE PROVISION OF THE SERVICES. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BLUE SKY NETWORK AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES RELATED TO OR ARISING FROM THE SALE OF THE PRODUCTS OR PROVISION OF THE SERVICES DESCRIBED HEREIN. The provisions of this section shall survive termination of services. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH; THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS CONTRACT SETS FORTH SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- INDEPENDENT ARBITRATION. PLEASE READ THIS PARAGRAPH CAREFULLY AS IT AFFECTS RIGHTS CUSTOMER MIGHT OTHERWISE HAVE. The parties agree to arbitrate any and all disputes and claims arising out of or relating to the services, purchase or use of Products or this Contract. All such claims and disputes (including any tort or statutory claim) shall be arbitrated under the Commercial Arbitration Rules of the American Arbitration Association in San Diego California, before one arbitrator. The arbitrator may reward interim and final injunctive relief and other remedies. Customer acknowledges that arbitration is final and binding and subject to only very limited review by a court. Any award of the arbitrator (including awards of interim or final remedies) may be confirmed or enforced in any court having jurisdiction. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If for some reason this arbitration clause is at some point deemed inapplicable or invalid, the parties agree to waive, to the fullest extent allowed by law, any trial by jury. In such case, a judge shall decide the subject dispute or claim. The provisions of this section shall survive the termination of the services.
- NOTICE. Any notice required hereunder shall be written and may be sent by fax or email (followed by a fax if Customer seeks to terminate service) at the contact information set forth for each party in the Quotation (unless such contact information is changed by notice as required hereunder).
- MISCELLANEOUS. This Contract, including the signed Quotation and these Terms and Conditions, and the terms included in the service plan materials accompanying the Quotation, constitute the entire and complete agreement between Customer and Blue Sky Network, and supersede any and all prior agreements and understandings relating to the subject matter of this Contract. If any provision of this Contract is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. Blue Sky Network may assign this Contract. Customer may not assign or transfer this Contract without Blue Sky Network’s prior written consent. Service is subject to the jurisdiction and regulations of the Federal Communications Commission, the Federal Aviation Administration and state and other regulatory agencies. California law (without regard to the doctrine of conflicts of law) shall govern this Contract.
Use of Site; Restrictions This Site and its Contents is intended to be used solely for your personal and non-commercial informational use. Any other use of the Site or the Contents is strictly prohibited, including but not limited to modification, removal, deletion, uploading, posting, redistribution, re-licensing, selling, duplicating, republication, transmission, publication, distribution, proxy caching, or any other dissemination without the express written permission of Blue Sky Network. You may not use any framing techniques to enclose any Blue Sky Network trademarks or logos nor use any meta tags or other hidden text without Blue Sky Network’s prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal and non-commercial informational use only. You may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices or legends. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Blue Sky Network.
Accuracy of Information The Contents of the Site are for informational purposes only.
Blue Sky Network uses reasonable efforts to furnish accurate and up-to-date information, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. We do not guarantee that any information contained in the Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We are not responsible for any errors or omissions in the Site. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.
Dated content speaks only as of the date indicated. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. Any use you make of the information provided on the Site is entirely at your own risk and you agree that Blue Sky Network will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of the Site, including without limitation any action you take or decision you make in reliance on any content on the Site.
Online Conduct You agree to use the Site only for lawful purposes. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane or hateful material, or any other material that could give rise to civil or criminal liability under any applicable law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information): (1) to satisfy any legal, regulatory or governmental request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of Blue Sky Network, its affiliates, and you. We reserve the right to block access from a particular Internet address to the Site at any time and for any reason.
Disclaimer of Warranties; Limitations of Liability THIS SITE AND ITS CONTENTS ARE PROVIDED BY BLUE SKY NETWORK “AS-IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BLUE SKY NETWORK EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
BLUE SKY NETWORK’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL BLUE SKY NETWORK, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, PRINCIPLES, AGENTS AND EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON, OR FOR ANY LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF BLUE SKY NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUE SKY NETWORK WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.
Links to Third Party Sites Links on this Site may lead to services or sites not controlled or operated by Blue Sky Network We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
This End User License Agreement (“Agreement”) is between you and Blue Sky Network, LLC (“BSN”) and governs your use of either the BSN SkyRouter or HELink applications (either or both herein deemed the “App”) made available through the Apple App Store. By clicking the “Accept” button or installing and using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the App and return it for a full refund of the amounts paid, if any.
- Parties. This Agreement is between you and BSN only, and not Apple, Inc. (“Apple”). BSN, not Apple, is solely responsible for the App and its content. Although Apple is not a party to this Agreement, you and BSN both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, by your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
- TBSN Services; Terms of BSN Service.The App allows you to use certain aspects of BSN’s Iridium satellite-based service and back end web portal (the “BSN Service” or “SkyRouter”) through the use of a BSN authorized SkyRouter account and enabled device (a “BSN Device” or “Authorized Device”), made available by or through BSN. To use the App, you must have a BSN Device or Authorized Device that is compatible with the App and have an active account to use the BSN Service. The terms and conditions of your use of the BSN Service and any BSN Device shall be solely thoseterms and conditions under which the BSN Service and BSN Device are available to you, and shall be governed by this Agreement.
- Limited License
- BSN grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal and internal business purposes. The App is licensed, not sold, to you.
- You may only use the App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/legal/internet-services/itunes/us/terms.html#GIFTS).
- You are permitted to use the App only in connection with a compatible BSN Device or Authorized Device and the BSN Service under a subscription service provided by BSN.
- You may not use the App to access the BSN Services through any third-party device other than a BSN Device or Authorized Device, except to the extent that BSN has certified such devices and confirmed that the use will have no adverse effect on the BSN Service. All devices approved by BSN will be advertised as being approved by BSN and you may use only BSN Devices to access the BSN Service with this App.
- You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of BSN’s and its licensors’ rights. If you breach this restriction, you may be subject to prosecution and damages.
- The terms of this Agreement will govern any upgrades provided by BSN that replace or supplement the original App, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern
- Disclaimer of Warranty and Limitations of Liability
- The App is provided free on an “as is” basis. As such, BSN disclaims all representations, guarantees, conditions and warranties about the App, including, without limitation, any implied representations, guarantees, conditions or warranties of merchantability or fitness for a particular purpose, non-infringement, satisfactory quality, that the App is free of bugs or viruses, non-interference or accuracy of informational content, and any representations, guarantees, conditions or warranties arising from a course of dealing, law, usage or trade practice, or related to the performance of nonperformance of the App. This disclaimer shall apply even if this Agreement fails of its essential purpose. Further, no representation, guaranty, condition or warranty is made as to the coverage, availability or grade of service provided by the BSN Service. BSN does not warrant that it, or will be able to, correct any defects with the App and that access and use of the App will be uninterrupted or error free. BSN makes no warranty regarding any software, product or service provided by any third party.
- In no event shall BSN be liable, whether in contract or tort or any other legal theory, including, without limitation, strict liability, gross negligence or negligence, for any damages, including direct, indirect, incidental, special, consequential or punitive damages of any kind, or loss of revenue or profits, loss of business, loss of privacy, loss of use, loss of time or inconvenience, loss of goodwill, loss of information, data, software or application or other financial loss, caused by the App, or arising out of or in connection with the ability or inability to use, or the use of, the App, regardless of whether BSN has been advised of the possibilities of such damages.
- You acknowledge and agree that as a condition of use of the App you will make no claim, whether in contract, indemnity, tort or other legal theory, against BSN for bodily injury, loss of life or damage to property.
- All of the above waivers, releases and disclaims of representations, guarantees, conditions and warranties and limitations of liability are provided to the fullest extent permitted by applicable law. To the extent any warranty exists under law that cannot be disclaimed: (i) your sole recourse and BSN’s sole responsibility for breach of that warranty shall be the refund of the purchase price, if any, for the App to you; and (ii) if there is a failure of the App to conform to that warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility BSN.
- Collection of Data
- You agree that BSN may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the App. BSN may use this information, as long as it is in a form that does not personally identify you, to improve its products or services, or to provide services or technologies to you.
- You consent to BSN’s disclosure of user information, including, but not limited to, name, address, telephone number and location information, including, where available, the geographic coordinates of equipment, to governmental and quasi-governmental agencies where BSN deems it necessary in its sole discretion to respond to an exigent circumstance.
- Indemnification. You agree to indemnify and hold harmless BSN, BSN’s affiliates and each of their respective directors, officers, managers, employees, agents, representatives, and licensors, from and against any and all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, that arise out of your use of the App, violation of this Agreement by you or any other person using your copy of the App or your violation of any rights of another. BSN reserve the right to take over the exclusive defense of any claim for which BSN is entitled to indemnification under this Agreement. In such event, you agree to provide BSN with such cooperation as is reasonably requested by BSN.
- Maintenance and Support. Because the App is free, BSN does not provide any maintenance or support for it, other than periodic updates to the App that BSN releases in its sole discretion. To the extent that any maintenance or support is required by applicable law, BSN, not Apple, shall be obligated to furnish any such maintenance or support.
- Intellectual Property. All right, title and interest in and to all worldwide intellectual property incorporated in the App, including, but not limited to, inventions, patents, copyrights (including renewal rights), trademarks, trade secrets, know-how, confidential information, computer software (including source code), ideas, processes, discoveries, methods, and all other forms of intellectual property and any applications for registration thereof, are and shall remain the sole and exclusive property of BSN or its licensors, and no rights therein are granted to you except as expressly set forth in this Agreement.
- Third Party Intellectual Property Claims. BSN shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the App. To the extent BSN is required to provide indemnification by applicable law, BSN, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third-party intellectual property right.
- Product Claims. BSN, not Apple, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to:
- any product liability claim;
- any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
- U.S. Legal Compliance. You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
- Export Compliance. The export and re-export of the App is subject to United States, United Nations or other international export controls and sanctions. You agree to fully comply with all such export controls and sanctions including, without limitation, ensuring that the App is not exported or reexported to countries that are not eligible to receive it under U.S., U.N. or other international export controls and sanctions. Prohibited destinations for the App, as well as persons and entities are set forth on lists of ineligible recipients maintained by the U.S. Department of Commerce and U.S. Department of the Treasury (more information at http://www.bis.doc.gov/ and http://www.treas.gov/offices/enforcemenVofac/). Embargoed/sanctioned destinations are subject to change, and information should be obtained directly from the appropriate U.S., U.N. or international agency prior to your export or re-export of the App.
- Government End Users. The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202- 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users:
- only as Commercial Items; and
- with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Termination. This Agreement is effective until terminated by you or BSN. Your rights under this Agreement will terminate automatically without notice from BSN if you fail to comply with any term of this Agreement. Upon the termination of this Agreement, you shall cease all use of the App and destroy all copies, full or partial, of the App.
- Controlling Law and Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California. BSN and you each hereby irrevocably and unconditionally waives all right to trial by jury in any action (whether based on contract, tort or otherwise) arising out of or relating to this Agreement, or its performance under or the enforcement of this Agreement. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
- Waiver of Jury Trial. Each of BSN and you hereby irrevocably waives any and all right to trial by jury in any proceeding arising out of or related to this Agreement or the transactions contemplated hereby.