IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ACCEPTANCE OF THESE TERMS
This Agreement, including the BINDING ARBITRATION AND CLASS ACTION WAIVER contained herein, governs your access to, use of, and participation in the Software made available by or through Outage Buddy (“Company,” “we,” “our,” or “us”) and the entirety of your relationship with Company. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SOFTWARE.
In this Agreement:
“Account” means the account associated with your email address.
“Company”, “we”, “our”, “company” or “the company”, or “us” means Outage Buddy
“Customer” means a User that utilizes the Software or Company Services.
“Intellectual Property Rights” means any and all intellectual property rights, whether by statute or common law, registered or unregistered, in any and all applicable jurisdictions, and the subject matter of such rights, including: (a) patents, copyright, trademarks, trade secrets, publicity rights, and any other equivalent rights; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“User”, “you” or “your” means an individual who uses the Software or Company Services, with or without any API key(s) provided by Company to User.
“Services” means any and all services provided by us to you, including but not limited to the Website, Software, and other services provided by Company.
"Software” means any and all software provided by Company.
“Website” means the website located at outagebuddy.com
These above terms include plurals of these terms as well.
1. USE OF THE SERVICES
Company hereby grants you a non-exclusive, non-transferable, personal, revocable, limited license to access and use the Services under the terms set forth below.
The Services and the Content are the exclusive property of Company or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the “Marks”) in or on the Services are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Service may be registered or unregistered marks of Company or others. Nothing contained in or on these Services should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks in or on the Services without the express written permission of Company or a third-party owner of such Marks.
Any unauthorized uses of the Marks or Content in or on the Services are strictly prohibited. To request permission to use the Marks or Content in or on the Service, or any other Company material, please contact Company at firstname.lastname@example.org.
You shall honor all reasonable requests by Company to protect Company's proprietary interests in the Services and its Content. You expressly agree not to:
Use the Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Services or any data or content found on or accessed through the Services without prior express written consent;
Obtain or attempt to obtain through any means any materials or information in the Services that have not been intentionally made publicly available either by their public display on the Services or through their accessibility by a visible link on the Services;
In any way bypass or circumvent any other measure employed to limit or prevent access to the Services or Content displayed on the Service;
Violate the security of the Services or attempt to gain unauthorized access to the Services, data, materials, information, computer systems or networks connected to any server associated with this Services, through hacking, password mining or any other means;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Services;
Take or attempt any action that, in the sole discretion of this Company’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or our infrastructure.
You may not use the Services for any unlawful purpose. Any unauthorized use by you of the Services terminates your license to access and use the Services.
By using the Services, you agree to the following terms with Company.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Services are limited to only notifying you of a loss of electrical power to any of your specific systems. The Services rely, in part, on your internet connection and as a result may also notify you of a loss or failure of your internet connection. The Services are NOT an alarm system. Company’s provision of the Services is given on an as-is basis, and Company makes no representations as to the effectiveness of Services for any purpose other than notifying a user of a loss of electrical power to a user designated system.
We may, from time to time, and without notice, change or add to the Services. However, Company does not undertake, and makes no representation that it will undertake any actions to update or alter the Services. We are not liable to you or anyone else if any error occurs in your use of the Services.
Before using the Services, you must read this entire Agreement, any Company policies and all linked information.
You may not use the Services if you:
are not able to form legally binding contracts;
are under the age of 18;
a person barred from receiving and rendering services under the laws of the United States or other applicable jurisdiction;
are suspended from using the Website or Software; or
do not hold a valid email address.
All User accounts are associated with individuals or businesses. Login credentials should not be shared by Users with others, unless the others are granted authority to bind the User to agreements entered into through the Website. The individual or business associated with the account will be held responsible for all actions taken by the account and will be bound by any agreements entered into through the Website, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the business or company and the business or company shall be solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. YOUR ACCOUNT
5. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT
It is our policy to respond to clear notices of alleged intellectual property rights infringement taking place on our website or Services. Our Intellectual Property Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property is being displayed on our site without your permission, please notify us by email to: email@example.com.
6. FEES AND SERVICES
We may charge fees (“Fees”) for certain services, on either a one-time or recurring basis. When you use a service that has a Fee, you have an opportunity to review and accept the Fees that you will be charged. Your use of the Website and the Company Services is Your agreement to the Fees, which Company may change from time to time, in its sole discretion, with or without notice to You. Unless otherwise stated, all fees are quoted in United States Dollars.
7. USER OR THIRD-PARTY CONTENT
8. NON-CIRCUMVENTION; DAMAGES
You may not circumvent, or assist another User in circumventing, Company Services or Software in any way, including but not limited to modification of Software, the use of robots, password hacking, or any other form of hacking, phishing, social engineering, or assisting any other person in circumventing Company Services or Software in any way. You agree that your circumvention, or assistance in another User’s circumvention, will result in damages to Company, which damages shall reasonably be in the amount of $10,000.00 per attempted circumvention, or the actual amount of damages to Company, whichever is less.
9. IDENTITY VERIFICATION
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your legal name, date of birth, address, and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your driver’s license). We reserve the right to close, suspend, or limit access to your Account, the Website, the Software, and/or Company Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITIES
THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYERS OR AGENTS (COLLECTIVELY, “THE COMPANY ENTITIES”) MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICES, THE SERVICES’ OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICES. THE COMPANY ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. ANY SUPPLIERS OFFERING AND PROVIDING SERVICES ON THIS SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COMPANY. THE COMPANY ENTITIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
IN NO EVENT WILL THE COMPANY ENTITIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
IN NO EVENT SHALL THE COMPANY ENTITIES OR ANY OF THEIR THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, BUSINESS INTERRUPTION, THEFT, LOSS OF PROGRAMS OR OTHER DATA, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE SERVICE OR ANY HYPERLINKED WEBSITE, EVEN IF THE COMPANY ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE COMPANY ENTITIES NOR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT ON THE SERVICE OR OTHERWISE. IN NO EVENT WILL THE COMPANY ENTITIES, THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICES.
The Content and/or Services may include technical errors, inaccuracies, delays, or omissions. The Company Entities assume no liability for any errors, inaccuracies, delays or omissions in the Content or Services and expressly disclaims any responsibility to update the Services or the Content displayed on the Services. The Company Entities assume no responsibility for the use of third-party software on the Services and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software. Company cannot and does not guarantee continuous uninterrupted access to the Services.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Without limiting the foregoing, we make no representation or warranty about:
the accuracy, reliability, availability, veracity, timeliness or content of the Services;
whether the Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
whether defects in the Services will be corrected;
whether the Services, or any data, content or material will be backed up or whether business continuity arrangements are in place in respect to the Services;
any third-party agreements or any guarantee of business gained by you through the Services; or
the Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function;
whether third-party hosting may cause an interruption in the services;
whether there is any bugs in the notification setting or alert setting in the Services, including those caused by bugs or errors in the Services;
whether there may be any false alert, including but not limited to false alerts caused by User machines, firewalls, or other technological or software interferences;
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies: to the supply of the Company Services again or the payment of the cost of having the Company Services supplied again.
Company handles refunds on a case by case basis. For further information, contact firstname.lastname@example.org.
If you initiate any chargeback request or similar process, you expressly agree and consent to us sharing any and all information in relation to your agreement to and acceptance of these terms and conditions, in order to defeat any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds directly from us and, if you have initiated a chargeback after requesting a refund from us you must inform us. You are not entitled to double recovery and Company will pursue any and all claims against you if you obtain a double recovery.
If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of refund requests or chargebacks, we may suspend, limit or close your Account.
13. INACTIVE ACCOUNTS
User Accounts that have not been logged into for 6 months will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and other management costs. The amount of the maintenance fee is subject to change.
We reserve the right to close an Inactive Account and pursue any legal means to collect amounts owed by the User of the closed account.
14. RIGHT TO REFUSE SERVICE
We may close, suspend or limit your access to your Account and the Services without reason. Without limiting the foregoing, we may close, suspend or limit access to your Account and the Services:
if we determine that you have breached, or are acting in breach of, this Agreement;
if we determine that you have infringed legal rights of others resulting in actual or potential claims against Us;
if we determine that you have engaged or are engaging in fraudulent, unfair, or illegal activities;
you do not respond to account verification requests;
you are the subject of a criminal charge, unlawful business practice allegations, or our banking and payment relationships otherwise preclude us from conducting business with you;
to manage any risk of loss to us, a User, or any other person; or
for other reasons.
If we close your Account and/or terminate your access to the Services due to your breach of this User Agreement, you may also become liable for certain Fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses, costs, and expenses, including attorney’s fees and costs, related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include, without limitation, fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
15. DISPUTES WITH US – BINDING ARBITRATION AND CLASS ACTION WAIVER
If a dispute arises between you and Company, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at email@example.com.
For any claim, Company may elect to resolve the dispute in a cost-effective manner through binding arbitration. If Company elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Company will provide to you. Any arbitration or legal proceeding must be brought within the County of Riverside, State of California, United States of America. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The procedural rules in any arbitration conducted between us shall be those of the California Code of Civil Procedure or, in the alternative, those of the American Arbitration Association.
All claims you bring against Company must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Company may recover its attorneys’ fees and costs (including in-house lawyers and paralegals) to transfer the claim to the proper venue.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Company will be entitled to recover all reasonable costs or expenses, including reasonable attorneys’ fees and costs incurred in connection with the enforcement of this Agreement.
Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Services, including access to our API or application programming interface, for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Services, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Services without the prior express written permission of Company and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Services or tools, or any activities conducted on or with the Services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
17. CLOSING YOUR ACCOUNT
You may close your Account at any time.
Account closure is subject to:
resolving any outstanding matters (such as a suspension or restriction on your Account); and
paying any outstanding fees or amounts owing on the Account.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all the information we hold.
You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Services. You must do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
Legal notices will be served to the email address you provide to Company during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Company must be mailed to:
P. O. Box 2941
Menifee, CA 92586
If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Should any of the obligations of this Agreement be found illegal or unenforceable as being too broad with respect to the duration, scope or subject matter thereof, such obligations shall be deemed and construed to be reduced to the maximum duration, scope or subject matter allowable by law.
Any term of this Agreement may be amended or waived only with the written consent of the Parties. This Agreement, including any referenced policies, constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any action arising out of this Agreement shall be brought in Riverside County, California, Unites States of America.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
24. NO WAIVER
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website, the Software, and Services by electronic communication.
26. ADDITIONAL TERMS
Each of these policies may be changed from time to time. Changes take effect when we post them on the Website. When using the Website, Software, or Company Services, you are subject to any posted policies or rules applicable to those services, which may be posted from time to time on the Website. All such policies or rules are incorporated into this User Agreement.
Company’s principal place of business is P. O. Box 2941, Menifee, CA 92586.
This Agreement contains the entire understanding and agreement between you and Company. The following Sections survive any termination of this Agreement: non-circumvention; damages; disclaimer of representations and warranties; limitation of liabilities; indemnification; right to refuse service; disputes with us – binding arbitration and class action waiver.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at firstname.lastname@example.org.