This TigerLight Inc. Terms of Service and End User License Agreement (the “Agreement”) is a legal agreement between you individually if you are agreeing to it in your own capacity, or if you are authorized to acquire TigerLight Inc.’s services or software on behalf of your company or another organization, between the entity for whose benefit you act (“You” or “Your”), and TigerLight, Inc. (“TigerLight”) (together the “Parties” and individually a “Party”).
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, PRODUCTS OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT TIGERLIGHT, INC. AT firstname.lastname@example.org. IF, PRIOR TO DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, PRODUCT OR SERVICES, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE SERVICES.
1. Definitions: Unless the context requires otherwise, the defined terms in this Agreement shall have the meanings set out below (and where the context so admits the singular shall include the plural and vice versa). “Documentation” means the applicable installation guide or standard end user documentation prepared and supplied by TigerLight, Inc. for the D.A.D.™ Defense Alert Device App and Product for the specific type and version of Software, Product or Service, including any safety instructions. Documentation may be available via http://www.tigerlight.net or by contacting TigerLight email@example.com. “Software” means any TigerLight® D.A.D. software or application provided to You under this Agreement, in whatever form, medium or manner provided or subsequently installed or used including updates, new releases and versions. “Service” means any TigerLight or D.A.D.™ service provided to You including any service for which You subscribe, and any new TigerLight or D.A.D. service or modification to an existing D.A.D.™ app or product that TigerLight provides, or otherwise makes available to You from time-to-time. The Service includes any service, app or product, however same is made available to You including through handheld devices, the TigerLight website, the D.A.D.™ app and any form of messaging including email, instant messaging, SMS, phone, video, IP telephony, and any other means of telecommunication now known or later developed. TigerLight may change the App, Product or Services or add or delete features at any time for any reason.
2. Eligibility: The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration and other information you submit or provide to TigerLight through its website of the D.A.D.™ app or by other means is accurate and truthful. TigerLight may, in its sole discretion, refuse to offer the Service, Product or App to any person or entity and change its eligibility criteria at any time. If you are not of the age of majority, this agreement can only be entered into on your behalf by your parent or other person who is lawfully entitled to give consent on your behalf. This provision is void where prohibited by law and the right to access the Service, Product or App is revoked in such jurisdictions.
In the event You provide false or misleading information, or the Company has reason to believe You have provided such information, the Company may (i) remove or disable access to all or any portion of the Site or App; (ii) suspend Your access to or use of all or any portion of the Site or App; and (iii) terminate this Agreement.
3. Territory: The Services are intended for use only in the countries and territories listed as follows: United States (the “Territory”). TigerLight may change the Territories by posting a change on its website and such posting shall be deemed to be notice of the change.
The Services will only be available within the specified geographic boundaries of each Territory.
4. Term: This Agreement shall be effective upon Your agreeing to be bound by the terms of this Agreement (as described in the preamble above) and shall continue in effect unless terminated in accordance with the provisions set out herein.
5. Software and Documentation License: The Software and any Documentation is licensed and not sold to You. This Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You to use the Software on the make and model of the handheld device for which it is supplied solely in connection with the Services and Product, and to access the Services and Product, and for no other purposes. You may not copy, reproduce or distribute the Software. You will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Software or Your entitlement to use the Services.
6. Updates: The Software may include functionality to automatically check for updates or upgrades to the Software. You hereby agree that TigerLight may make such updates or upgrades available to You from time-to-time. Such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Software, Product or Service is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
7. Use of the Software and Services: The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity and “Intellectual Property Right,” (ii) violates any law or contractual duty or that You know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by TigerLight in its sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk email (v) involves commercial activities and/or sales without TigerLight's prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of TigerLight or any third party; (vii) or impersonates any person or entity, including any employee or representative of TigerLight. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by TigerLight in its sole discretion) an unreasonable or disproportionately large load on TigerLight’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures TigerLight may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services). You also agree that You will only use the Software and Services in accordance with this Agreement, all applicable laws.
8. License to the Company: By transmitting any message, communication, information or data including photos, location information, emergency alerts, responses or any other content (“Data”), You grant TigerLight and its affiliates an irrevocable license to collect, use, store, handle, reproduce, display, perform, and transmit such Content for the purpose of providing the Services. You represent and warrant, and can demonstrate to TigerLight’s full satisfaction upon request that you (a) own or otherwise control all rights to all Content, or that the Content is in the public domain, (b) you have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (c) you are authorized to grant all of the aforementioned rights to the Content to TigerLight.
9. Ideas and Suggestions: TigerLight wishes to continually expand its Services. TigerLight welcomes any ideas, suggestions, or feedback, related to its Software, Product or Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide TigerLight with any Ideas, whether orally, in writing, or in any other way, you grant TigerLight a non-exclusive, worldwide, royalty-free, sub-licensable and non-revocable license to develop, make, have made, reproduce, have reproduced, import, modify, make derivative works of, sell, and offer to sell Ideas as part of TigerLight’s technology, products or services. You shall not knowingly provide TigerLight with any Ideas that are subject to third party intellectual property rights or that includes or reveals any confidential information of any person.
10. Reference to Third Parties: The Services or Software may permit you to link to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. They are not under TigerLight’s control, and you acknowledge that TigerLight is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by TigerLight or any association with its operators. You further acknowledge and agree that TigerLight shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
11. Telecommunications Services: TigerLight has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the Software, Product or Services.
12. Intellectual Property Rights: You do not acquire hereby any Intellectual Property Rights in or relating to the Software, Product or Services. Any rights not expressly granted herein are expressly reserved.
13. Confidentiality: You agree that the Software was developed at considerable time and expense by TigerLight and is confidential to and contains trade-secrets of TigerLight. Except to the extent that TigerLight is expressly precluded by law from prohibiting these activities, You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Software, Product or Service, or (ii) modify, translate, or otherwise create derivative works of any part of the Software, Product or Services. You shall abide by all applicable local, provincial, state, national and international laws and regulations.
14. Termination and Service Suspensions: If You breach this Agreement TigerLight may terminate this Agreement by providing You with a notice of termination. You will be deemed to be in breach of this Agreement and TigerLight will have the right to terminate this Agreement upon providing notice if any monthly or other fees associated with the Software, Product or Services are not paid within thirty (30) days of their becoming due. In addition, TigerLight may terminate this Agreement and/or immediately cease to provide the Service(s) without any liability whatsoever by providing You with notice of at least thirty (30) days. TigerLight shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this Section. Upon termination of this Agreement: (a) You will cease all use of the Software and, if possible, permanently delete all copies of the Software in Your possession or control; and (b) TigerLight shall also have the right to cease providing the Services to You. TigerLight may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by TigerLight.
15. Limited Warranty: If during the thirty (30) day period following Your entering into this Agreement the Software (the “Software Warranty Period”) provided to You is not capable of performing the functions described in TigerLight's standard end user Documentation (“Specifications”) when used as specified by TigerLight in the Documentation applicable to the specific type and version of the Software on the handheld device for which it was supplied, or if the Services materially fails to perform the functions described in the Specifications in any calendar month period in which You have an incident for which the Services were required (the “Services Warranty Period”), and You notify TigerLight of such failures during or within five (5) days of the expiration of the applicable warranty period, and if the failure was not caused or contributed to by an act beyond the reasonable control of TigerLight including any act of Force Majeure as described in Section 21, TigerLight will, at its sole option and discretion, make reasonable efforts to correct or provide a workaround for such problem. Updates are provided “AS IS” and without warranty of any kind. The foregoing is TigerLight's only obligation and is Your sole and exclusive remedy for any defects, errors, or problems You may experience related to the Software, Product or Services. TigerLight makes no warranty that the Service will operate anywhere outside of the Territory. Any notices to TigerLight under this provision and questions, complaints or claims with respect to the Software should be transmitted to TigerLight in writing as follows: TigerLight, 1116 N 455 W Unit 7, Midway, UT 84049 by email: firstname.lastname@example.org
or by phone: 1-435-657-9529.You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
16. Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE D.A.D.™ DEFENSE ALERT DEVICE AND APP, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION OR SITE AND THIRD-PARTY CONTENT, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, THIRD-PARTY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17. Disclaimers of Representation and Warranties:
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. THE PARTIES ALSO AGREE THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”) AS ENACTED IN ANY STATE SHALL NOT APPLY TO THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW UCITA IS HEREBY EXCLUDED IN ITS ENTIRETY FROM APPLICATION TO THIS AGREEMENT. THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR PROVINCE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES AND CONDITIONS. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO THE SOFTWARE, PRODUCT OR SERVICES TO THE EXTENT THEY CANNOT BE EXCLUDED AS SET OUT ABOVE, BUT CAN BE LIMITED, ARE HEREBY LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON ANY DEVICE OR COMMENCED TO USE THE SERVICES.
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, EACH SERVICE IS PROVIDED OR MADE ACCESSIBLE “AS IS” AND “AS AVAILABLE,” WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY TIGERLIGHT. TIGERLIGHT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED AVAILABILITY OF ANY SERVICE, OR THAT ANY MESSAGES, CONTENT OR INFORMATION SENT BY OR TO YOU WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
THE SOFTWARE AND SERVICES ARE NOT SUITABLE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS.
ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
18. Exclusion of Certain Damages:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL TIGERLIGHT AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS. BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES RELATED TO OR ARISING FROM PERSONAL INJURIES OR DEATH, MEDICAL OR HEALTH COSTS OR EXPENSES, OR MENTAL DISTRESS, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF INFORMATION, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, PRODUCT OR SERVICES INCLUDING THE USE OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, PRODUCT OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF TIGERLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TIGERLIGHT SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO TIGERLIGHT AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS.
TIGERLIGHT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE TIGERLIGHT, IT’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF TIGERLIGHT, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH TIGERLIGHT IN CONNECTION WITH THE SERVICES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF TIGERLIGHT HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE, PRODUCT OR THE SERVICES.
19. Assignment: TigerLight may assign this Agreement without notice to You. You shall not assign this Agreement without the prior written consent of TigerLight and any assignment without TigerLight's prior written consent shall be of no effect. TigerLight may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractor or subcontractors or its affiliates.
20. Notices: Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to You at the billing address supplied to TigerLight by You, and addressed to TigerLight at 1116 N 455 W, Unit 7, Midway, UT 84049. In addition to the foregoing, TigerLight may, at its option, give You any notice under this Agreement electronically. Electronic notice to You shall be deemed to have been duly given when transmitted to an address furnished by You to TigerLight.
21. Force Majeure: Notwithstanding any other provision of this Agreement, neither Party shall be in default or breach of this Agreement for failure to fulfill its obligations when due to or contributed by causes beyond its reasonable control. An act of Force Majeure shall be deemed to include: an act of God such as without limitation a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labor dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.
22. Release and Indemnification: You shall defend, indemnify, and hold harmless TigerLight, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, Products or Software or Your breach of this Agreement.
23. General: This Agreement (and any additional terms and conditions with which TigerLight supplements this agreement) is a complete statement of the agreement between you and TigerLight. The suppliers, agents, employees, distributors, and dealers of TigerLight are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on TigerLight. Any waiver of the terms herein by TigerLight must be in a writing signed by an authorized officer of TigerLight and expressly referencing the applicable provisions of this Agreement. TigerLight shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, delays in the operation of any network or system, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.TigerLight's affiliates and TigerLight and its affiliates’ employees, contractors, directors, suppliers and representatives are intended third party beneficiaries for the purpose of the Sections of this Agreement entitled, “Limited Warranty,” “Limitation of Liability” “Exclusion of Certain Damages,” and “Disclaimers.” Except as otherwise specifically stated in this Section, the provisions herein are for the benefit of the Parties and not for any other person or entity. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement. To the extent any provision or portion thereof of this Agreement is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that provision or portion thereof will not affect: (a) the legality, validity or enforceability of the remaining provisions of this Agreement; or (b) the legality, validity or enforceability of that provision in any other jurisdiction, and that provision (or portion thereof) will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.
24. Governing Law and Dispute Resolution: This Agreement is to be governed by and construed under the laws of the United States of America, excluding any body of law governing conflicts of law. Except to the extent specifically prohibited by applicable law in Your jurisdiction, any disagreement or dispute arising from or related to this Agreement shall be settled by final and binding arbitration to be conducted in Utah, United States of America in accordance with the Commercial Rules of the American Arbitration Association (“Rules”) and shall be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the Parties within thirty (30) days of the appointment of the arbitrator, failing which a neutral third party shall appoint the arbitrator. Each Party shall bear one half of the costs associated with the arbitration proceedings. No dispute between the Parties, or involving any person but You, may be joined or combined together, without the prior written consent of TigerLight. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Notwithstanding the foregoing, TigerLight has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by You to TigerLight in connection with Your acquisition of the Software, Product or Services or any portion thereof, or (ii) Your violation or threatened violation of the Sections of this Agreement entitled, “Use of Software, Product and Services,” “Software and Documentation License,” “Intellectual Property,” “Export Restrictions,” “Confidentiality,” and “ Termination”. You irrevocably waive any objection on the grounds of venue, forum non-convenience or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and agree to the jurisdiction of the courts located in the state of Utah, for any such claims arising from or related to this Agreement. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
25. Language: The parties have required that this Agreement and all documents relating thereto be drawn up in English.
26. Entire Agreement: This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the Parties relating to the Software, Product or Services other than as set out in this Agreement. This Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the Parties, whether oral or written, with respect to the subject matter hereof, and You acknowledge that You have not relied on any of the foregoing in agreeing to enter into this Agreement.
27. Changes to Agreement: Except to the extent that TigerLight is expressly precluded by applicable law, TigerLight further reserves the right to make changes to this Agreement either to reflect changes in business practices, or to reflect changes in or required by law, by providing You with reasonable notice of the change either electronically (as contemplated by the Notice provision above) or by posting notice of the change at http://www.tigerlight.net. If You continue to use the Software and/or the Service more than sixty (60) days after notice of the change has been given or You do not contact email@example.com sixty (60) days after notice of the change has been given to inquire as to Your options, You shall be deemed to have accepted this change.
28. Ending the TigerLight Smartphone Application Use: At any time, if you wish to discontinue service and delete the TigerLight Smartphone Application from your mobile device you can delete the app.
30. Headings: The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
31. Additional Terms applicable to Software for Apple Handheld Devices:
(a) Acknowledgement: The Parties acknowledge that this Agreement is concluded between us only, and not with Apple or Google and that Apple has no responsibility for the Software. Further, nothing herein abrogates or reduces Apple’s or Google Play’s Usage Rules for the Software or is intended to conflict with, the App Store or Google Play Terms of Service, or any other applicable Terms of Service Agreement as of the Effective Date.
(b) Scope of License: The license granted to you for the Software for use on Apple products is limited to a non-transferable license to use the Software on any iPhone, that You own or control and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service and by Google Play’s Usage Rules set forth in the Google Play Terms of Service.
(c) Maintenance and Support: The parties acknowledge that Apple and/or Google have no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
(d) Warranty: In the event of any failure of the Software to conform to the warranty in this Agreement, You may notify Apple or Google, and Apple or Google will refund the purchase price for the Software to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this Agreement.
(e) Product Claims: The Parties acknowledge that Apple are not responsible for addressing any claims of You or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights: The Parties acknowledge that, in the event of any third party claim that the Software or Your possession and use of that Software infringes that third party’s intellectual property rights, that Apple and/or Google will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
(g) Third Party Beneficiary: The Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.
TigerLight, Inc. (“TigerLight” or "Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website located at http://www.tigerlight.net (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
• On this Website.
• In e-mail, text and other electronic messages between you and this Website.
It does not apply to information collected by:
• Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website; or
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
• that is about you but individually does not identify you, and/or
• about your Internet connection, the equipment you use to access our Website and usage details.
We collect this information:
• Directly from you when you provide it to us.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business and advertising partners.
Information You Provide to Us. The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further updates about our services and products. We may also ask you for information when you purchase a product from us, and when you report a problem with our Website.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
• Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
• Information about your computer and Internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically is statistical data and may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We will not sell or lease your personal information. We use information that we collect about you or that you provide to us, including any personal information:
• To present our Website and its contents to you.
• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including product information and shipment dates.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may also use your information to contact you about our own updates on our products and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at email@example.com
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of TigerLight’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by TigerLight about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the "e-mail a friend" feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law or legal process, including responding to any government or regulatory request.
• To enforce or apply our Master Terms of Service and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TigerLight, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Promotional Offers from the Company. If you do not wish to have your e-mail address or contact information used by us to promote our own or third parties' products or services, you can opt-out by stating your request to privacy@TigerLight.io. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.
Accessing and Correcting Your Information
You can review and change your personal information by sending us e-mail at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send e-mail to email@example.com.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be processed by a third party provider and will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. Any user of the Website may view the information you share in public areas.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.