Terms & Conditions – Cerebrum Sensor

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Terms & Conditions

Terms of Use Agreement Cerebrum Sensor Technologies, Inc. (“Cerebrum”) provides this interactive website (the “Site”) and mobile application (the “App”) to enable Cerebrum’ customers to access information about Cerebrum’ products and services. This page states the Terms of Use Agreement (the “Agreement”) under which you may use this Site and App. Unless otherwise specified, the terms of this Agreement applies to you whether you are a “Visitor” (meaning you simply browse this Site and App) or a “Subscriber” (meaning you have obtained an account on this Site and App with the permission of Cerebrum). Please read this Agreement carefully. Binding Agreement By using this Site and App, or any services provided in connection with this Site and App, you agree to be bound by this Agreement, as it may be amended by Cerebrum from time to time in its sole discretion. Cerebrum will post a notice on this Site and App any time this Agreement has been modified. If you do not accept this Agreement, please leave this Site and App and cease all use of this Site and App and its related services. BY USING THIS SITE AND APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU WILLING ENTER, AND ARE LEGALLY ABLE TO ENTER, INTO THIS AGREEMENT. Term This Agreement shall remain in full force and effect whenever you are using this Site and App or are a Subscriber. As a Subscriber, Cerebrum may terminate your account at any time, without warning, for any violation of this Agreement. If Cerebrum terminates your account, this Agreement shall remain applicable to any and all activities that occurred on your account prior to its termination. Privacy Policy Cerebrum respects your privacy. A complete copy of Cerebrum’ current privacy policy (the “Privacy Policy”) can be found on the Privacy Policy link. The Privacy Policy is hereby expressly incorporated into this Agreement by reference. By using this Site and App, you agree to be bound by the terms of the Privacy Policy. In the event of any inconsistency between the Privacy Policy and this Agreement, the terms of the Privacy Policy shall govern. Intellectual Property Policy Cerebrum owns the intellectual property rights in this Site and App’s contents (the “Material”), including, but not limited to, the text, graphics, and images on this Site and App. By using this Site and App, you agree to be bound by the intellectual property policy as set forth in this section. Limited License to Material Cerebrum grants you a limited, revocable, and non-transferrable license to view and download a single copy of the Material, to the extent necessary for you to access this Site and App. You agree to retain all copyright and other proprietary notices contained in the original Material on any copy you make of such material. You may not sell or modify the Material or reproduce, display, distribute or otherwise use the Material in any way for any commercial purpose. Use of the Material on any other website or in any networked environment is prohibited. The names, marks and logos appearing on this Site and App or included in the Material are, unless otherwise noted, trademarks owned by or licensed to Cerebrum. Unauthorized use of the Material violates copyright, trademark and other intellectual property laws. The information represented on the Site and App may vary in accuracy. The content sources from multiple proprietary and 3rd party inputs including Subscribers, which may result in accurate, incomplete or misleading results.  The Cerebrum App is not intended to substitute conventional vehicle and tire inspection. Subscribers must always consult a professional for proper safety and maintenance of the vehicle and tires. Subscribers hereby hold Cerebrum Sensor Technologies, Inc, Tire Stickers LLC and all affiliates harmless from all damages and liability associated with use of the Site and App.  User-Submitted Content with respect to any content you submit to Cerebrum through this Site and App (the “User Content”), you represent and warrant at all times that: (i) you own such User Content or otherwise have the right to grant Cerebrum a license to use such content, (ii) submission of such User Content to Cerebrum does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) submission of such User Content to Cerebrum does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you to Cerebrum. By submitting User Content to Cerebrum, you are granting to Cerebrum and its affiliates, officers, directors, employees, consultants, agents and representatives an irrevocable perpetual license to use such User Content, including without limitation a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reform such User Content. Such license shall be valid worldwide, fully-paid and royalty-free (meaning Cerebrum is not required to pay you for any User Content you submit), and sublicensable (meaning Cerebrum may provide the User Content for use by its affiliates and subcontractors). Copyright Infringement Claims If you believe your copyrighted work has been submitted to Cerebrum in a manner that constitutes copyright infringement, please provide Cerebrum’ designated agent (address provided below) with your name, address, phone number and email address, along with a statement identifying the material that you believe is being used without consent. The designated agent can be reached at: Attention: Joshua A. Schneiderman Snell & Wilmer L.L.P. 350 South Grand Ave. Suite 3100 Los Angeles, CA 90071 jschneiderman@swlaw.com Office: 213.929.2545 Prohibited Activities Prohibited Uses Cerebrum imposes certain restrictions on your use of this Site and App and its related services (“Prohibited Uses”). You are prohibited from engaging in any criminal or tortuous activity in connection with your use of this Site and App. You are prohibited from violating or attempting to violate any security features of this Site and App, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of this Site and App or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering with or attempting to interfere with service to any user, host, or network, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or submitting a virus to, this Site and App; (d) using this Site and App to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail to this Site and App; and (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Cerebrum in providing this Site and App. Any violation of this Site and App’s system or network security may subject you to civil and/or criminal liability. Cerebrum reserves the right to define and add activities to the list of Prohibited Uses, at its sole discretion. Prohibited Content Certain content shall not be submitted to Cerebrum through this Site and App (“Prohibited Content”). Prohibited Content includes, but is not limited to, content that Cerebrum, in its sole discretion, believes: (1) is patently offensive and promotes racism, bigotry, or hatred; (2) is libelous, defamatory, obscene, or pornographic; (3) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate an applicable law or regulation; (4) is used for advertising purposes or otherwise solicits funds, or solicits goods or services; (5) solicits personal information from anyone under 18, or (6) is likely to cause harm to Cerebrum’ web servers, office computers, or any other computer system. Cerebrum reserves the right to terminate the receipt or transmission of any Prohibited Content, and, if applicable, to delete, edit or disable any Prohibited Content Cerebrum receives. Cerebrum also reserves the right to investigate and take appropriate legal action against anyone who, in Cerebrum’ sole discretion, is deemed to have violated this Section, including without limitation, the right to report such violations to law enforcement authorities. Ordering Products or Services As a customer, your submission of an order to Cerebrum constitutes an offer to purchase. Your offer to purchase shall not be considered as accepted by Cerebrum unless and until Cerebrum sends you written acknowledgment (such as an e-mail confirmation) of your order. Cerebrum will use its best efforts to provide accurate information regarding the price, availability, and features of its products and services (the “Product Information”). However, the Product Information may contain omissions or inaccuracies. Cerebrum reserves the right to correct any errors in the Product Information, and to make any other changes to the Product Information, at any time without any prior notice to you. Cerebrum also reserves the right to discontinue the sale of any product listed, at any time without any prior notice to you. CEREBRUM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY PRODUCT INFORMATION IT PROVIDES THROUGH THIS SITE AND APP. Hyperlinks This Site and App may contain hyperlinks to third-party websites. When you access these third-party websites through this Site and App, you do so at your own risk. Cerebrum in no way investigates, monitors or checks the accuracy or completeness of such third-party websites, and Cerebrum is not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside on such websites. Third-party websites may, from time to time, publish hyperlinks that redirect users to this Site and App. Cerebrum currently imposes no restrictions on hyperlinks directed to this Site and App. Disclaimer of Warranties THIS SITE AND APP IS PROVIDED ON AN “AS IS” BASIS AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CEREBRUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE AND APP. THE WARRANTIES DISCLAIMED HEREIN INCLUDE, BUT ARE NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. CEREBRUM WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THIS SITE AND APP. YOU ASSUME THE RISK THAT YOU MAY BE UNABLE TO USE THIS SITE AND APP, AND THAT USE OF THIS SITE AND APP MAY BE INTERRUPTED. Limitation of Cerebrum’ Liability To the fullest extent permissible by law, in no event shall Cerebrum be liable for any direct, indirect, special, consequential, incidental or punitive damages arising out of the use of or the inability to use this Site and App. This limitation shall apply regardless of whether the damages arise out of warranty, contract, tort, or any other legal theory or form of action, and regardless of whether Cerebrum is advised of the possibility of such damages. Indemnity By using this Site and App, you agree to defend, indemnify, and hold harmless Cerebrum, its officers, directors, employees and agents, from and against any and all losses, claims, damages, and costs (including reasonable legal and accounting fees) that arise from your access or use of this Site and App or your breach of this Agreement. Cerebrum reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. Jurisdiction and Governing Law This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without respect to any conflict of laws principles. You hereby irrevocably submit to the jurisdiction of the courts situated in California with respect to any dispute, disagreement, or cause of action related to or involving this Site and App. Miscellaneous Provisions Severability If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Waivers No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision in the Agreement. No waiver shall be effective unless made in writing and signed by the authorized representative of the waiving party. Modifications Cerebrum may, in its sole discretion and without prior notice (a) revise this Agreement, (b) modify this Site and App and/or its related services, and (c) discontinue this Site and App and/or its related services, at any time. You agree to review this Agreement periodically to be aware of any revisions to the Agreement. You further agree that, by continuing to use or access this Site and App following notice of a revision, you shall be bound by such revision. Entire Agreement Except as expressly provided in this Agreement or on this Site and App, this Agreement constitutes the entire agreement between you and Cerebrum with respect to your use of this Site and App and its related services. Privacy Policy Cerebrum LLC provides this Site and App to enable Cerebrum’ customers to access information about Cerebrum’ products and services. This page contains the Privacy Policy (the “Policy”) setting forth the terms under which personal information about you is collected and used when accessing this Site and App. This Policy has been incorporated into this Site and App’s terms of use agreement (the “Terms of Use Agreement”), which can be accessed on the Terms of Use Agreement link. Capitalized terms used in this Policy but not defined herein have the meanings given to them in the Terms of Use Agreement. Unless otherwise specified, this Policy applies to you whether you are a Visitor (meaning you simply browse this Site and App) or a Consumer (meaning you have made a purchase). Please read this Policy carefully. Binding Agreement BY USING THIS SITE AND APP, YOU SIGNIFY THAT YOU AGREE TO BE BOUND BY THIS POLICY. If you do not accept the terms of this Policy, please leave this Site and App and cease all use of this Site and App and its related services. Effective Date of this Policy This Policy is effective as of March 13, 2011, and will remain fully in effect except with respect to any provisions that are modified in the future, in which case the modifications will become effective on the date they are posted on this Site and App, or the date on which Cerebrum otherwise notifies you of the changes, whichever is earlier. You should check this Policy each time you visit this Site and App to identify and understand any changes made to the Policy since your last visit. Types of Information Collected by Cerebrum Customer Account Information As a customer, you voluntarily submit personally-identifying information (such as your name, address, telephone number or e-mail address) to Cerebrum when you place an order. Cerebrum records such personally-identifying information to enable you to access portions of this Site and App that are not accessible by Visitors. If you do not provide this information to Cerebrum, you may be denied access to certain features of this Site and App. User Content You may be provided with an opportunity to submit User Content to Cerebrum through this Site and App. User Content may contain personally-identifying information apart from the information required make a purchase. Cerebrum assumes no responsibility for securing any User Content. Cerebrum has no obligation to use, or solicit/enable others to use, for any purpose, any User Content. Further restrictions on User Content can be found in the Terms of Use Agreement. Information Automatically Collected When you visit this Site and App, Cerebrum may automatically collect certain non-identifying information about you, such as your movement about this Site and App, the type of browser or computer operating system you use, or the domain name of the website from which you linked to this Site and App. By using this Site and App, you consent to such monitoring from Cerebrum. When you request pages from Cerebrum’ servers, the servers automatically collect information about you, including your IP address. IP addresses are used by the servers to send the requested pages to you. In addition, Cerebrum may store small files on your computer’s hard drive as a “cookie” or a similar type of file to track and target your interests and preferences at this Site and App. Cookies may be used by Cerebrum to customize this Site and App’s content and advertising. Cerebrum may also use the information obtained from cookies to help enhance the efficiency and usefulness of this Site and App and to improve customer service generally. If you object to this practice, please consult your browser’s documentation for instructions on erasing or blocking cookies. We recommend, however, that you allow cookies to be stored on your computer, as they may be needed for proper delivery of this Site and App’s contents. Information Required for Promotions From time to time, Cerebrum may conduct contests, surveys, and/or other promotions (each a “Promotion” and collectively the “Promotions”) through this Site and App. To participate in Promotions, you may be required to submit personally-identifying information to Cerebrum. Any information you submit in order to qualify for a Promotion may be subject to a privacy policy specific to that Promotion (the “Promotion Policy”). If a Promotion Policy exists, it will be posted on this Site and App. If no Promotion Policy exists, then the use of any information collected pursuant to the Promotion will be governed by this Policy. In the event of any inconsistencies between a Promotion Policy and this Policy, the Promotion Policy shall govern. Sharing of Collected Information Cerebrum treats the information in its Subscriber database and any personally-identifying information you submit through this Site and App as confidential. However, information that Cerebrum gathers, whether voluntarily provided by you or automatically collected, may be used for Cerebrum’ internal business and marketing purposes. Personally-identifying information you submit as a customer will be accessible to Cerebrum’ employees, such as Cerebrum’ customer service and technical staff, who need the information to perform Cerebrum’ services. Cerebrum will not sell, trade or rent your information. Cerebrum may use the information it has collected about you to send you information or materials about products, offers and news that Cerebrum believes may interest you; however, Cerebrum will provide you with an option to opt-out of receiving such materials. Cerebrum provides some of this Site and App’s services through contractual agreements with affiliates, service providers, and other third parties (collectively, the “Service Partners”). Service Partners may use your personal information to operate this Site and App and to deliver services related to this Site and App. The use of your personal information by Cerebrum’ Service Partners is governed by the privacy policies of those Service Partners, and is not subject to Cerebrum’ control. Notwithstanding the foregoing, Cerebrum reserves the right to disclose any information in its possession, including User Content, if Cerebrum believes that disclosure is necessary to: (1) conform to legal requirements or respond to a subpoena, search warrant or other legal process received by Cerebrum, whether or not a response is required by applicable law; (2) enforce the Cerebrum Terms of Use Agreement or to otherwise protect Cerebrum’ rights; or (3) protect the safety of members of the public, including Cerebrum’ customers. Cerebrum reserves the right to transfer any information it has collected to a successor-in-interest that acquires rights to such information as a result of the sale of Cerebrum, or the sale of substantially all of Cerebrum’ assets, to such successor-in-interest. Security Measures to Protect Collected Information Cerebrum has reasonable security measures in place to protect the personally-identifying information you submit to Cerebrum through this Site and App. However, Cerebrum cannot and will not be responsible for the security of any information you submit. When you communicate with Cerebrum by e-mail or submit User Content, such communication is not necessarily secure and is subject to all risks of electronic communication, such as unauthorized entry or use, hardware or software failure, and other factors that may compromise the security of your submitted information. Cerebrum assumes no responsibility for the security of any information you submit to Cerebrum through this Site and App. Cerebrum reserves the right to update or otherwise alter its security practices if and when it deems such alteration to be appropriate. Protection of Children’s Privacy This Site and App is not designed for use by children under 18 years of age. Any information submitted to Cerebrum through this Site and App that Cerebrum reasonably believes originated from a child less than 18 years of age may be deleted at Cerebrum’ sole discretion. Cerebrum is committed to protecting the privacy of children and has no intention of collecting personal data from anyone under the age of 18. Deleting or Modifying Collected Information If you are concerned about the personally-identifying information you have provided to Cerebrum, or you would like to review, update, or delete that personally-identifying information, please contact Cerebrum by e-mail at TireStickers@gmail.com. Cerebrum will make reasonable efforts to comply with your requests. If you do not wish to receive any marketing or promotional materials from Cerebrum, please send an e-mail to info@cerebrumsensor.com with the words “remove from marketing list” in the subject line and type the e-mail address to be removed in the body of the e-mail. If you have any other questions or comments about this Policy, this Site and App, or Cerebrum, please contact Cerebrum at the following address: Cerebrum Sensor Technologies, Inc 8105 Orion Ave Van Nuys CA 91406 info@cerebrumsensor.com