PLEASE READ THESE TERMS OF USE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, REMEDIES, LIMITATIONS, EXCLUSIONS, AS WELL AS JURISDICTION AND DISPUTE RESOLUTION PROVISIONS.
This Terms of Use ("ToU") applies to Rule IoT, LLC ("Rule IoT," "we", "our", "us") websites at www.ruleiot.com and www.crosspointapp.com (the "Sites"), CrossPoint™ applications for iOS, web and, when available, Android (the "Apps"), any Rule IoT or CrossPoint branded social media sites, as well as all services provided by Rule IoT to its users, including customer support (collectively the "Services"). This ToU includes and incorporates our Privacy Policy and Subscription Pricing document.
Your access of the Sites, download of the Apps or use of the Services in any way means that you are a "User" and that you agree to all the terms and conditions in this ToU existing at the time of such use. We may update our ToU from time to time, without advance notice, so please review it frequently. If you access the Sites, download the Apps or use the Services in any way after a change to the ToU is effective, it means you agree to the ToU as changed.
If you are initiating Services or using our Sites, Apps or Services for another Person, such as providing IT Services to a client or friend, you are representing to us that you possess the express authority from the other Person to agree to this ToU on their behalf and on your own behalf. A "Person" is any individual or entity, and includes any group, combination or collective. In addition, if you are initiating Services or using our Sites, Apps or Services for another Person for compensation you must first obtain from us a written Enterprise License.
IF YOU DO NOT AGREE TO THIS TOU DO NOT ACCESS, DOWNLOAD OR USE RULE IOT'S SITES, APPS OR SERVICES OR PROVIDE US WITH ANY DATA.
When you use our Sites, Apps or Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or other notices and messages on Apps or Sites, including our Support Center. You are welcome to retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that communications between us be in writing.
As long as you comply with this ToU, Rule IoT grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to use the Sites, Apps and Services to which you are subscribed, fully paid and in good standing: (i) in the manner and for the purposes the Sites, Apps and Services are designed to be used, (ii) in a country that is not subject to a U.S. Government embargo, or designated by the United States government as a "terrorist supporting" country; and (iii) in accordance with all applicable laws and regulations. Rule IoT does not grant you any other rights, implied or otherwise. Further, you may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, and without limitation, the Apps may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Sites, Apps and Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. If you violate this ToU or if you allow your subscription to expire we may terminate this right of use, deactivate your account and delete any and all stored data pertaining to your account and settings without further notice.
All rights that are not expressly granted to you in this ToU are reserved by Rule IoT or its licensors. This limited right of use does not include any resale of any Services, the Apps or the Sites, or their contents. The limited right of use does not include any right of collection or use of any descriptions or prices, any derivative use of any of our Services, the Apps or the Site or their contents, any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering or extraction tools.
Certain features of our Services require a monthly or annual subscription and payment of subscription fees. If you choose to subscribe to such features, you must pay the applicable subscription fee(s), as described in our Subscription Pricing document. Subject to any pre-existing term commitments with you, we reserve the right to change the features and subscription pricing made available to you and to institute new charges at any time upon ten (10) days advance written notice to you, which may be sent by email or posted on the Subscription Pricing document. If you use the subscription Services in any way after a change to the Subscription Pricing is effective, it means you accept and agree to the new or increased subscription prices.
If you are interested in re-selling any Rule IoT Services or content you must contact us and obtain an Enterprise License. For questions about Enterprise Licensing please contact us at: [email protected]
The Apps are in the nature of an overlay application or "app of apps", and as such are dependent on uninterrupted connectivity and the proper operation and configuration by users of various third-party systems, applications and devices, as well as the proper configuration of our Apps by the User to ensure that we can receive data, process that data, and communicate with and direct the functions of the various devices that you choose to link to our Services. In view of these dependencies and because remote access, mobile notifications, Wi-Fi and internet services are inherently fragile and disruptable. We cannot and do not guarantee that you will receive notifications or have access to the Sites, Apps or Services within or at any given time or at all. While we strive to maintain constant uptime and uninterrupted [email protected], Rule IoT does not promise any minimum availability or "uptime" for the Services. Further, while we will endeavor not to do so, we will at times need to interrupt connectivity or functionality of the Sites, Apps, and/or Services, and we reserve the right to do so for any reason or no reason, and with or without prior notice. You acknowledge and agree that we will not be liable for any delay or interruption of connectivity to the Sites, Apps, Services, or to your devices, or for any delays or failures to perform any Services.
Similarly, you acknowledge and agree that we may suspend or discontinue any features or parts of the Apps, Sites or Services, or we may introduce new features, impose limits on features or restrict access to parts or all of the Apps, Sites or Services. In some cases, the changes we make may cause older hardware devices, third party services, hardware or software configurations or setups to no longer work with the Apps, Sites or Services, or you may need to upgrade or change the devices, configurations, setups or third-party software to continue using the Apps, Sites or Services.
OUR SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. RULE IOT DOES NOT MONITOR NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME OR LOCATION IN THE EVENT OF AN EMERGENCY. MOBILE NOTIFICATIONS AND ALERTS FROM OUR APPS AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
Rule IoT's Sites, Apps and Services are not medical or healthcare services. Rather, they are designed to be accessed and used as an adjunct tool and only for non-critical functions. They are not certified for emergency response or intended or suitable for use in situations or environments where failure, delay or errors or inaccuracies in the data or information provided could lead to death, personal injury, or damage to real or personal property. You should not rely on our Sites, Apps or Services for any life sustaining purposes, or to prevent injury or damage to persons, animals or property. It is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your location and situation. Users are solely responsible for arranging and obtaining proper treatment for their health conditions. All life threatening and emergency events should be directed to the appropriate emergency response services in your area. You acknowledge and agree that you will not rely on Rule IoT's Sites, Apps or Services for any life safety, life support or other critical purposes.
You acknowledge and agree that any customer support services that we may provide are provided as a courtesy, and that Rule IoT has no obligation to provide any particular maintenance or support services with respect to the App, Sites or Services.
Not all Services that may be provided or accessed through our Apps or Sites may be available in your location. Rule IoT reserves the right at any time for any reason or no reason to change or eliminate any functions, attributes, third-party device connections or other aspects of the Sites Apps, or Services in our sole discretion, and with or without prior notice.
Certain Services may not be accessible without: (i) a working iOS device with access to our Apps or Sites (ii) a working Wi-Fi network that is configured and positioned to communicate reliably with the smart device(s); (iii) a registered account with us that is in good standing; (iv) always-on broadband Internet access in the location of your smart devices; (v) working smart devices that are compatible with our Sites, Apps and Services, (vi) if needed, an account to access and use the individual smart device providers, and (vii) other system elements that may be specified by Rule IoT from time to time. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Sites, Apps and Services may not be available in all areas and may not work as described if compatibility and other system requirements are not met.
Use of the Apps, Sites and Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Apps, Sites and Services. Rule IoT assumes no liability or responsibility for the payment of any such charges you may incur.
All content on our Sites and Apps is the property of Rule IoT or other licensors. "Content" includes all information on the Sites or available through any Apps or Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement. All rights to this Content are reserved by us, and no Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Rule IoT's and in some instances, our licensor's prior written permission.
If you are a lawful User of the Sites, Apps and Services you are granted a limited right of use to access and use the Sites and Apps and their visible content (and to download or print a copy of any portion of the content to which you have properly gained access) solely for your own personal use. However, you may not upload, republish, compile or incorporate our content on any other sites or databases without the express written permission of Rule IoT. This limited right of use does not permit re-sale (in the absence of a written Enterprise License with us) or any other commercial use of our Content. Neither does this limited right of use permit any data mining, bot, script or other data gathering tool to be used on or in connection with our Sites, Apps or Services. Without limiting any other remedy available to Rule IoT, any use of the content of the Sites, Apps or Services other than as specifically authorized, without the prior written permission of Rule IoT, is strictly prohibited and may result in the immediate termination of your right of use granted in this ToU without further notice. Unauthorized use of the Content of the Sites, Apps or Services may also violate applicable civil and criminal laws, including copyright and trademark laws. All information and Services provided on or via the Apps, Sites or Services is subject to change without notice.
If you delete your account by mistake, please contact us as soon as possible at [email protected]. We will try to help, but unfortunately, we cannot promise that we can recover or restore any settings or other data.
Nothing in this ToU shall be construed as conferring by inference or implication any license to Intellectual Property Rights, whether by estoppel or otherwise. "Intellectual Property Rights" means any writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
The Apps 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 (a) only as Commercial Items and (b) 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.
Rule IoT may invite you, or you may elect to submit comments, suggestions, or ideas about our Apps, Sites or Services, including how to improve them ("Feedback"). By submitting Feedback to us, you agree that these submissions are voluntary, gratuitous, unsolicited, non-confidential and submitted without restriction or obligation. You agree that we may use, copy, modify, publish, redistribute, or create derivative works from or based on the Feedback for any purpose and in any manner without any compensation or acknowledgement to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by our personnel, or obtained from other sources.
Rule IoT is not responsible and shall not be liable for the content of any site owned by a third party that may be linked to our Sites. Any link on our Sites to another site is not an endorsement of such other site or its products or services. No representation or warranty is made with respect to the accuracy, completeness, or suitability of the content of any site to which our Sites may link.
You agree and warrant to Rule IoT that you shall not:
Without limiting any other remedy available to Rule IoT, a violation of any of the foregoing is grounds for termination of this ToU and your right to access and use the Apps, Sites and Services.
Certain features or Services offered by Rule IoT on or through our Sites or Apps may require you to open an account with us. In consideration of your use of our Sites, Apps and Services, you agree to (i) provide accurate, current and complete information about yourself as may be requested by any forms on the Sites or Apps ("Registration Data"), (ii) maintain the security of your account, password, Registration Data and other identifying information, (iii) maintain the Registration Data so that it is current and complete, and (iv) notify us immediately of any unauthorized use of your account, password, Registration Data, and any other security breach our Sites, Apps, or Services. To notify us any unauthorized use or security breach, please contact us at [email protected]
You are responsible for all use of your account and password, and for all activities that occur under or in connection with your account. You are also responsible for maintaining the confidentiality of your account and for restricting access to your password, computer, phone, hardware and software through which access to your account, password and smart devices might be obtained. When you create a password, we strongly suggest that you use a lengthy and unique combination of letters, numbers and special characters. Our Apps allow for double authentication to provide an extra layer of security for your account and connected devices. We strongly urge you to use double authentication protection wherever it is offered.
Rule IoT will not be liable for any loss or injury that you or others may incur as a result of someone else using your password or account, either with or without your knowledge. If you do disclose account information related to your account or devices with others or allow others to access the Sites, Apps or Services using your email address, password or Registration Data, inadvertently or otherwise, you can have no expectation of privacy or confidentiality in the information shared or that may be exposed as a result of the shared access. Further, if damage or injury results to Rule IoT or another as a result of your failure to keep your Registration Data or password confidential you may be liable for losses incurred by Rule IoT or another person due to someone else using your account or password. Therefore, we strongly suggest that you maintain your password and account information in strict confidence and not share it with anyone.
You may not use anyone else's Registration Data or password at any time without the express permission and consent of the lawful user.
"Personal Data" collected or received by us through the Sites, our Apps or Services will be used by us in accordance with our Privacy Policy. "Personal Data" means any information or collection of information from which we can personally identify you.
Users of the Sites, Apps or Services may accumulate data, objects, cookies, items, scripts, values or status indicators that reside as data on Rule IoT's servers or storage devices. You agree that all data, records, reports and information constituting, reflecting or resulting from the use of Rule IoT's Sites, Apps or Services, including but not limited to rules, device actions and other operational information, as well as any data that is resident in Rule IoT's databases or storage devices is made available voluntarily by you for use by Rule IoT in accordance with this ToU. You acknowledge and agree that following termination of our Services to you, you have no right to possess, access or use any such data. Further during and after the term of our Services to you Rule IoT may periodically overwrite or delete such data, and we have no obligation to retain any data pertaining to the Services, Apps or Sites for any period of time. For avoidance of doubt, data sent or received from, or residing on, Rule IoT's servers or storage devices may be deleted or altered, at any time for any reason in our sole discretion. Data may also be moved, transferred or disclosed by Rule IoT in accordance with our Privacy Policy.
Any registration by, use of or access to the Sites, Apps or Services by anyone under 18 without their parent or legal guardian's permission is unauthorized and in violation of this ToU. Any User that directly or indirectly links or connects a phone or other location-based technology or device that is in a minor's possession, custody or control ("Minor's Device") to the Sites, Apps or Services represents to Rule IoT that they are the parent or legal guardian of the minor. Consent by such parent or guardian to this ToU shall be deemed given to Rule IoT on behalf of the minor by the act of connecting or linking the Minor's Device, directly or indirectly, to the Sites, Apps or Services.
"CrossPoint" and other product names, graphics, logos, designs, page headers, button icons, scripts and service names used by Rule IoT to identify the Sites, Apps and/or Services, are trademarks, service marks or trade dress (collectively "Marks") of Rule Iot. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with Rule IoT or CrossPoint and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rule IoT. All other trademarks not owned by Rule IoT that appear in our Apps or Sites are the property of their respective owners, who may or may not be affiliated with Rule IoT.
Rule IoT respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at: Rule IoT, Attn: General Counsel, 1010 E. Union St. #125, Pasadena CA 91106 – email [email protected].
Claims concerning copyright infringement must include the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright, (ii) a description of the copyrighted work that you claim has been infringed, (iii) a description of where the material that you claim is infringing is located on the Aps or Sites, (iv) your address, telephone number, and email address, (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
IN NO EVENT SHALL RULE IOT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES, APPS OR SITES, INCLUDING BUT NOT LIMITED TO THEIR MODIFICATION OR TERMINATION, WHETHER OR NOT RULE IOT MAY HAVE BEEN ADVISED THAT INJURY OR DAMAGES MIGHT OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
FURTHER, WITH RESPECT TO ALL APPS, SITES AND SERVICES, INFORMATION AND PRODUCTS, RULE IOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
RULE IOT ALSO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ALL THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES, APPS OR SERVICES. YOU ASSUME FULL RESPONSIBILTY FOR YOUR USE OF THE SITES, APPS, SERVICES. YOU ALSO ASSUME FULL RESPONSIBILTY FOR YOUR USE AND OPERATION OF ANY LINKED OR CONNECTED THIRD PARTY DEVICES, THIRD PARTY SITES, THIRD PARTY APPS AND THIRD PARTY SERVICES.
RULE IOT ALSO DISCLAIMS ANY AND ALL LIABILITY FOR FAILING TO ENSURE THAT ANY INFORMATION OR OTHER DATA YOU MAY RECEIVE OR DOWNLOAD FROM THE APPS, SITES OR SERVICES WILL BE FREE OF DEFECTS, VIRUSES, BUGS, CONTAMINATION OR DESTRUCTIVE FEATURES.
IN NO EVENT SHALL RULE IOT'S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR NATURE ARISING FROM OR RELATED TO OUR APPS, SITES, SERVICES OR THIS TOU EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
IN ADDITION, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SERVICES, MUST BE FILED WITHIN THIRTEEN (13) MONTHS OF THE DATE THE FACTS GIVING RISE TO THE SUIT WERE KNOWN OR SHOULD HAVE BEEN KNOWN BY YOU, OR YOUR CLAIMS AND CAUSES OF ACTION ARE FOREVER BARRED.
Some jurisdictions do not permit some of the foregoing limitations of liability. Consequently, if any such limitation is impermissible in a jurisdiction with legal authority over you and Rule IOT, then such limitation(s) will not apply to you.
Although the Sites and Apps may be accessible worldwide, not all Services provided or accessed through or on the Sites or Apps will be available in every country or location. Rule IoT shall have no liability for interruptions or omissions in internet, network or hosting or any third party services whatsoever. Rule IoT may, in its sole discretion, limit the availability, quality or quantity of any feature, product or Services to any person or location. Any offer of or for any feature, product or Services is void where prohibited. Nevertheless, you remain bound by this ToU wherever you access or use the Sites, Apps or Services.
Further, RULE IOT ENDEAVORS TO PROVIDE GREAT SERVICE, BUT DOES NOT PROMISE THAT THE SITES, APPS OR SERVICES WILL BE FREE OF DEFECTS, ERRORS OR "BUGS", OR BE UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES, APPS OR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITES, APPS AND SERVICES ARE ALL DELIVERED ON AN "AS IS"AND "AS AVAILABLE" BASIS. USE OF THE SITES, APPS AND SERVICES IS AT YOUR SOLE RISK.
Due to the continual development of new techniques for intruding upon and attacking networks and connected hardware and software, Rule IoT does not warrant that the Sites, Apps or Services will be free of vulnerability to intrusion or attack. Further, our Services connect with third party devices and software, and in some instances third-party service offerings. Rule IoT does not provide any warranties whether express, implied, statutory or otherwise for such third party product, software or service offerings. We do not guarantee any continued availability of a third party's products or services for which our Apps, Site's or Services are used.
Rule IoT is not liable for any loss or damage arising from your failure to comply with the obligations that appear in this ToU, or with the advisements and recommendations that appear in our Apps or on our Sites.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY AND RELIEF THAT APPEAR IN THIS TOU APPLY TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
ALL OF THE PRECEDING DISCLAIMERS AND LIMITATIONS OF LIABILITY AND RELIEF ARE A MATERIAL PART OF THIS TOU. YOU ACKNOWLEDGE AND AGREE THAT RULE IOT WOULD NOT ALLOW YOU TO USE THE SITES, APPS OR SERVICES IN THE ABSENCE OF THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND RELIEF, AND THE OTHER MATERIAL PROVISIONS IN THIS TOU.
You agree to indemnify, defend and hold harmless Rule IoT, its directors, officers, employees, owners, agents, affiliates, licensees, contractors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this ToU by you, or from your use of the Sites, Apps or Services. You further agree to indemnify, defend and hold harmless RULE IoT, its directors, officers, employees, owners, agents, affiliates, licensees, contractors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that your use of the Services or actions on the Sites or Apps infringes upon, violates or misappropriates any of their Intellectual Property Rights.
Rule IoT shall not be liable for any delay or failure to perform as a result of any causes or conditions that are beyond our reasonable control, including but not limited to fire, flood, war, public disaster, strikes or labor disputes, governmental enactment, regulation or order, acts of terror, denial of service attack, hacker activity, or other malicious event or code targeted against you, us or the networks and data centers supporting our Services, general internet outages, network latency, power outages and other force majeure events of any kind.
If you have any dispute with us or any related third party arising out of, relating to, or connected with this ToU, or the Apps, Sites or Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account), and to allow us at least thirty (30) days from the date of submission of your written description to us in which to resolve the dispute to your reasonable satisfaction. If we are unable to resolve the dispute using this informal process, you may pursue the dispute in accordance with the remainder of this Section Q.
If you reside in the United States, the following subsection applies to you: This ToU shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws principles. Excepting only disputes concerning our Privacy Policy which shall be handled in accordance with such policy, you agree to the jurisdiction of the federal and state courts within Los Angeles County, California and the Parties expressly consent to such jurisdiction for any disputes, claim or cause of action arising out of, or relating to or in connection with this ToU, or your use of our Sites, Apps or Services, including any disputes relating to the existence or validity of this ToU. Further, YOU AND RULE IOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR RULE IOT SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS OR ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO LITIGATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO PURSUE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
If you reside outside of the United States, the following subsection applies to you: This ToU will be governed by California law, without reference to conflict of laws principles. The state and federal courts of California shall have non-exclusive jurisdiction over any claim arising under, or in connection with, this ToU. However, if you are a consumer and you live in a country where Rule IoT markets or promotes its Apps, Sites or Services, local law may require that certain consumer protection laws of your country of residence apply to some sections of this ToU. However, if you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
The United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are each expressly excluded and shall not apply to this ToU.
Except as may be expressly provided elsewhere in this ToU, we will provide any notice under this ToU by email to your email address. You will provide any notice under this Agreement to Rule IoT by mail or overnight delivery at the following address: General Counsel, Rule IoT, LLC, 1010 E. Union St. #125, Pasadena CA, United States.
We may provide email or text message notifications to you to fulfill legal requirements or for marketing or other purposes to the primary email or phone associated with your account, or by posting a notice on the Apps or Sites. Rule IoT recommends that you add the @ruleiot.com and @crosspointapp.com URLs to your email address book to help ensure you receive email notifications from us.
If any provision of this ToU is held to be invalid or unenforceable by a court or regulatory authority with jurisdiction over Rule IoT and you, all the other provisions of this ToU shall nonetheless remain in full force and effect. Upon termination, the provisions in this ToU that, by their nature, should survive termination shall survive termination and continue in effect as binding obligations. By way of example, all of the following shall survive termination: any obligation you have to pay Rule IoT or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
No failure or delay on the part of Rule IoT to enforce any of this ToU shall constitute an implied waiver of any of Rule IoT's rights under this ToU.
You may not assign, delegate or transfer this ToU or your rights or obligations to us, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. Conversely, Rule IoT may transfer, assign, or delegate this ToU and our rights and obligations to you without your consent.
If you have a question or complaint regarding the Apps, Sites or Services, you can reach our customer support specialists by email to [email protected] . Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
In addition to the foregoing, and notwithstanding anything to the contrary in this ToU, the following provisions apply with respect to your use of any version of any App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for our iOS App; however, Apple is a third-party beneficiary of this Agreement. Apple does not provide any warranty for any of our Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any of our Apps and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any of our Apps, including any third-party product liability claims, claims that any of our Apps fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of our Apps, including those pertaining to intellectual property rights, must be directed to us in accordance with Section S ("Notices "). The right of use you have been granted in this ToU is limited to a non-transferable license to use our Apps on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules in Apple's App Store Terms of Use. You must also comply with the terms of any third-party agreement applicable to you when using our Apps, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this ToU and, upon your acceptance of the terms and conditions of this ToU, they will have the right to enforce this ToU as a third-party beneficiary against you. Notwithstanding the foregoing provisions in this paragraph, Rule IoT's right to enter into, rescind or terminate any variation, waiver or settlement under this ToU is not subject to the consent of any third party.
Rule IoT reserves the right to update or modify our ToU by posting the updated Terms of Use on its Sites. We strongly suggest that users, subscribers and others with an interest in Rule IoT's ToU review them periodically, and in advance of providing any new information to us. If you do not agree with Rule IoT's ToU as it is amended from time to time, do not access or use Rule IoT's websites or Services. By continuing to access or use the Sites, Apps or Services after such posting, you will be deemed to have accepted all such amended Terms of Use.