These Terms of Use (these “Terms of Use”) govern your use of the www.sensorup.com website and all mobile websites and applications associated therewith (collectively, the “Site”), and constitute a legal agreement between you and SensorUp Inc. (“SensorUp”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree with any of the terms of these Terms of Use, please do not use the Site. All references to “you” or “your,” as applicable, mean the person who accesses or uses the Site, and his, her or their employer. You should also read SensorUp’s Privacy Policy, which also applies to the Site.
Restriction on Use
Contents from the Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of SensorUp, provided that you may establish and distribute a hypertext link to this Site so long as the link does not improperly state or imply any partnership or affiliation with you or your site by SensorUp. The contents on the Site are provided for your own legal use only. SensorUp shall not be responsible for your or any third party’s use of the contents; however, if such use is deemed to be inappropriate, improper, offensive, a misrepresentation or reproduced for the purpose of commercial means, SensorUp may take appropriate legal action and/or take steps to publicly correct the record.
Outside Sites and Linking
The Site may contain references and links to other sites on the Internet that are not owned or operated by SensorUp (the “Outside Sites”). SensorUp is not responsible for the availability of, or the content located on or through, any Outside Site. Any such references or links are being provided to you only as a convenience and are not meant to imply endorsement of the Outside Sites. If you access an Outside Site from the Site, you do so at your own risk, and you understand that these Terms of Use and SensorUp’s Privacy Policy do not apply to your use of Outside Sites. SensorUp permits certain third party links to the home page of its Site, provided that SensorUp is provided with notice of such links and does not thereafter object to such linking. SensorUp reserves the right to unilaterally revoke any consent that it may at any time have given to any linkage, including linkages to the home page.
Intellectual Property
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof and all intellectual property rights therein are the exclusive property of SensorUp, or its respective content providers, and are protected by applicable intellectual property laws. All software used on the Site is the property of SensorUp or its respective software suppliers, and such software is protected by applicable laws.
Users of this Site shall not transmit/post any information to this Site that infringes the copyright or other intellectual property rights of others. You may choose to or we may invite you to submit comments, ideas or other feedback about the Site, our software or otherwise (“Feedback”). By submitting Feedback, you agree that SensorUp is free to use and incorporate such Feedback in our products and services, without restriction and without payment of any royalties or other consideration to you.
Online Conduct
Any conduct by a person that, in SensorUp’s sole and absolute discretion, restricts or inhibits any other person from using or enjoying the Site is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful or otherwise objectionable material of any kind.
Warranties and Limitation of Liability
The information, services, products, software and all other materials contained or offered in this site are provided on an “AS IS” basis with no warranty. To the maximum extent permitted by law, SensorUp disclaims all representations and warranties, express or implied, with respect to such information, services, products, software and all other materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non infringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing, usage or trade practice. In no event shall SensorUp be liable for any damages whatsoever, including without limitation any direct, indirect, special, punitive, exemplary, incidental or consequential damages. In no event shall SensorUp, or its affiliates, agents, shareholders, employees, directors or officers, have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for any damages, whether based on contract, tort (including negligence), or any other theory or form of action, even if SensorUp has been advised of the possibility of such damages.
No action or proceeding may be brought against SensorUp with respect to any claim or dispute arising from the use of the Site. SensorUp makes no guarantee that access to the Site will be uninterrupted, error-free or free from viruses or other harmful code. SENSORUP SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS CONTAINED IN THIS SITE WITH RESPECT TO ANY SERVICES OFFERED ON THE SITE. Information contained in the Site may be changed, removed or updated at anytime without notice and for any reason. ALL MATERIALS AND INFORMATION POSTED TO THE SITE ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY.
Use of Cookies and other Technology
When you visit the Site, some of your user information may be collected using cookies and similar technologies to store and process information relating to your visit.
Termination of Usage
SensorUp may, without incurring any liability to you, terminate access to the Site by you or suspend any access to all or part of the Site, without notice, for any conduct that SensorUp, in its sole and absolute discretion, believes is in violation of any applicable law or these Terms of Use, or is harmful to the interests of SensorUp or any other party or the Site.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without giving effect to its conflict of laws principles or rules. You agree that the courts of Alberta (or the federal courts of Canada, as applicable) located in Calgary, Alberta, Canada shall have personal jurisdiction over you in all actions relating to or arising out of these Terms of Use and you hereby waive any defense you may have of personal jurisdiction in any such actions filed in any other court or jurisdiction.
Severability
If any provision of these Terms of Use is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of these Terms of Use will remain in full force and effect.
End of Agreement
These Terms of Use shall, as the same may be modified from time to time, constitute the complete and exclusive agreement between SensorUp and you with respect to the subject matter hereof. Due to the rapidly evolving technologies on the Internet, we will update these Terms of Use from time to time. All revisions will be posted to this Site. Please contact us if you have questions with respect to these Terms of Use. You can reach us by sending an email to legal@sensorup.com.