TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND RECEIPT OF SERVICES. THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH STERIZON WILL PROVIDE ITS SERVICE TO YOU. BY USING THIS WEB SITE OR THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE SERVICES.
IF YOU ARE A STERIZON CUSTOMER, YOUR ACTIVATION OF A STERIZON ACCOUNT AND RECEIPT OF STERIZON SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE NOTIFY US AND RETURN THE STERIZON WIZIT DEVICES IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE.
IF YOU ARE AN EXISTING STERIZON CUSTOMER, YOUR CONTINUED RECEIPT OF STERIZON SERVICES FOLLOWING RECEIPT OR PUBLICATION BY STERIZON ON ITS WEB SITE OF THIS AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS, AND, ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU.
The following are the terms and conditions of Use for access to this web site and use of the Sterizon Services. By clicking the "I Accept" button on the sign-up page, by logging in to your Sterizon account or by accessing the Sterizon services via Sterizon wiZit device, you accept these terms and conditions of Use.
1. THE STERIZON SERVICE.
A. Services Defined. Sterizon, LLC ("Sterizon") provides businesses and organizations with (i) a portable, handheld, wireless, Wi-Fi device (the "Sterizon wiZit" Product or the "Device") to collect data, visitor input and feedback, etc (ii) a variety of tools and resources to create, launch, and manage a) Email List Building (the "wiEmailList" Product), b) Surveys, Feedback and Polls (the "wiSurvey" Product), c) Loyalty and Rewards Programs (the "wiRewards" Product), d) Paperless Coupons (the "wiCoupon" Product), e) Self Service Email Marketing (the "wiEmail" Product), f) Online Web Portal (the "wiPortal" Product), g) Mobile SMS Marketing (the "wiSMS" Product), h) Twitter Integration (the "wiTweet" Product), i) Facebook Integration (the "wiFace" Product), j) Birthday Email Club (the "wiBirthdayClub" Product), k) Customer Referral Program (the "wiReferral" Product), l) Customer Reviews and Syndication (the "wiReviews" product) and (iii) a variety of related offerings, including external ESP/CRM Integrations, design work and customizations. For purposes of this Agreement the term "Services" shall mean all the above mentioned products and related offerings. For purposes of this Agreement the terms "You" or "Your" refer to you, the Sterizon Subscriber or Reseller or Affiliate or customer or user.
C. Service Changes. Except as otherwise set forth in this Agreement, you may change your product selection at any time by notifying us. A fee may apply to such changes (Change of Service Fee).
D. Additional Sterizon wiZit Devices. Sterizon will allow you to use additional Sterizon wiZit devices on your account. Each additional Sterizon wiZit would be authorized to receive the same Services as your initial Sterizon wiZit. Sterizon will charge you a recurring subscription fee, device purchase cost with applicable taxes and shipping, and onetime service activation fee for each additional Sterizon wiZit added to your account. This option is only available if your initial Sterizon wiZit device and all additional Sterizon wiZit device(s) are located at the same business location and are continuously connected to the same Wi-Fi network. If you desire to receive Services at two different locations, you must open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing Services for multiple Sterizon wiZit devices that are not all located in the same business location and connected to the same Wi-Fi network. If we later determine that you did, we may terminate your Services and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full subscription price for the Services authorized for each Sterizon wiZit device on the account. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.
E. Changes in Services Offered. Sterizon reserves the right to change the Services that we offer, and our prices or fees related to such Services at any time. If the change affects you, we will provide you notice of the change and its effective date. The notice may be provided on your billing statement or by other communication permitted. In the event of a change in the contents of any Services, you understand and agree that we have no obligation to replace or supplement the products or other Services previously offered that have been discontinued, rearranged or otherwise changed. You further understand and agree you will not be entitled to any refund because of a change in the other Services previously offered.
F. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade the Services only at the time of subscription renewal. You may not downgrade the Services during the term of the multi-month subscription.
2. BILLING POLICIES AND PAYMENTS FOR SERVICES.
A. You agree to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed on the Services you receive from us. Unless you prepay for a multi-month subscription to Services, we will bill you each billing cycle(monthly, quarterly, semi-annual, annual or bi-annual based on your subscription period), in advance, for Services ordered by you or anyone who uses the Sterizon wiZit device ordered by you, whether with or without your permission, until you cancel the Services. The bills you receive will show the total amount due, the payment due date, payments, credits, purchases and other charges to your account.
B. Payment for Services will be made by a valid credit card accepted by Sterizon. Checks will be accepted for prepayments of at least six (6) months and for the first month payment at the start of subscription. Fees are payable in U.S. dollars. If the recurring payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Sterizon to charge your credit card for such amounts on a regular monthly or quarterly or semi-annual or annual or bi-annual basis beginning at the beginning of your paid subscription and continuing until such time as your account is terminated. If Sterizon is for any reason unable to effect automatic payment via your credit card, Sterizon will attempt to notify you via email or phone and your Sterizon account will be disabled until payment is received. Amounts paid for the Services are not refundable.
C. You agree to pay us in full monthly by the payment due date for the Services and for any other charges due us, including any fees set forth in this Section 2. Payment of your bill after the due date will result in you paying us a Late Payment Fee. Other fees and charges may also be assessed. If partial payments are made, they will be applied first to the oldest outstanding bill. If you send checks or money orders marked "payment in full" we can accept them without losing any of our rights to collect any other amounts owed by you, notwithstanding your characterization of the payment. Sterizon does not extend credit to our customers, and the Late Payment Fee is not interest, a credit service charge or a finance charge. You understand and agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated below, we may report such late payment or nonpayment to credit reporting agencies. If you do not pay your bill by the due date, we have the right to disconnect your Services at any time thereafter, in our sole discretion. Sterizon may require you to pay all past due charges, a Reconnect Fee, and all outstanding balances accrued through the date of deactivation, before we reconnect your Services.
D. If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a receiver, liquidator, or trustee is appointed for your property or affairs, we shall be wholly relieved from our obligations hereunder.
E. If you paid for an annual or other multi-month subscription to any Services and your account is past due for any amounts owed to us, at our option we may suspend any or all Service until payment is received, and/or convert your annual or other multi-month subscription to a monthly subscription. If we convert your multi-month subscription to a monthly subscription, we will first apply the amount you paid for your multi-month subscription to any past due amounts and then any remaining amounts to future obligations. If we elect to offset the amount paid for the remaining portion of a multi-month subscription against amounts past due, you agree to pay, in addition to all other applicable fees, the Offset Fee set forth below for each month and partial month that the multi-month subscription was previously received.
F. In the event Customer fails to make timely payments when due, Sterizon may, at its election, discontinue, terminate or suspend the Services and delete all Customer Data from its systems, in each case, without incurring any liability to Customer.
G. If we use a collection agency or attorney to collect money you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorney's fees and court costs. If there are billing errors or other requests for credit, you can contact our Customer Service Center by telephone or in writing. You must contact us within sixty (60) days of the time you receive the billing statement for which you are seeking corrections. Failure to timely notify us of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. All payments for Services must be made directly by you to us. Sterizon shall have no obligation to provide Services for which payment is made by you to a third party.
H. In addition to the amounts due for Services, you agree to pay the fees referenced below ("Fees") when applicable along with any standard shipping charges that apply. Sterizon reserves the right to increase these Fees or add additional Fees in the future, in our sole discretion.
|Description||3.5" Handheld||7" Handheld|
|Lost/Stolen Leased Sterizon wiZit Device Fee (Per Unit)||$125.00||$275.00|
|Damaged Leased Sterizon wiZit Device Replacement Fee (Per Unit)||$50.00||$100.00|
|Replacement Battery Fee (Per Unit)||$25.00||$50.00|
|Replacement AC Adapter/Charger Fee (Per Unit)||$25.00||$50.00|
|Replacement Battery back cover Fee (Per Unit)||$15.00||n/a|
|Restocking Fee (Per Unit)||$50.00||$50.00|
|Change of Subscription/Plan Fee (Per Location)||$50.00|
|Data Collection Form Customization (Per Form Per 10 fields)||$75.00|
|Service Restart Fee (Per Account)||$50.00|
|Late Payment Fee||$5.00|
|Returned Payment Fee||$30.00|
3. CANCELLATION OF SERVICE.
A. Your Service will continue until cancelled as provided for herein. Your subscription will be automatically renewed unless you contact us to cancel as provided for in the next paragraph.
B. You have the right to cancel your Service for any reason at any time by notifying us via telephone or in writing at the phone number or address given below. Please be aware that certain promotional offers have a minimum subscription commitment (usually 12 months) and if you cancel your service prior to the expiration of that commitment, certain early termination fees may apply.
750 Treadstone Ct
Suwanee, GA 30024
C. In the event of cancellation of service, Sterizon will delete all Customer Data from its systems immediately, in each case, without incurring any liability to Customer. Please be sure to export all data you wish to save before cancelling your account.
D. Sterizon has the right to terminate your Services at any time without providing notice to you if: (i) you fail to pay your bill when it is due; (ii) we receive confirmation that you have received the Services, or any part of the Services without paying for them; or (iii) you otherwise violate the terms of this Agreement.
E. If your Service is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable Fees.
F. You understand that charges for Services, once charged to your account, are nonrefundable. For recurring subscriptions, the cancellation will be effective at the end of the subscription period covered by the last subscription bill. No refunds or credits will be provided in connection with the cancellation of monthly or multi-month subscriptions. For annual or other multi-month subscriptions, the cancellation will be effective as of the date the multi-month subscription expires. Because you are receiving a discounted price in exchange for your agreement to pay for your services on an annual or other multi-month basis, in the event you cancel the Services prior to expiration of your multi-month subscription, you understand and agree that you are not entitled to any refund or credit for the unused portions of the multi-month subscription and that we have the right to retain any prepaid monies as liquidated damages.
4. STERIZON WIZIT DEVICE AND SUBSCRIPTION.
A. In order to receive the Services it will be necessary for you to either purchase or lease Sterizon wiZit device and activate them with any product subscription for use at your business location. A monthly or multi-month access fee applies for each Sterizon wiZit device Sterizon provides for your business location use on lease. Additional monthly or multi-month subscription fee applies to each of the products and services delivered to the Sterizon wiZit device (like wiEmailList, wiSurvey, wiCoupon, wiRewards, wiTweet, wiFace, wiBirthdayClub, wiReviews, wiReferral etc) that business location has opted or subscribed for. Monthly or multi-month subscription or per usage fees applies for optional services like wiEmail, wiSMS etc for use by your business location. Lease or purchase of Sterizon wiZit device requires subscription to at least one additional product like wiEmailList, wiSurvey, wiTweet, wiFace, wiBirthdayClub, wiReferral, wiReviews, wiCoupon, or wiRewards .
B. Sterizon wiZit devices are nontransferable. Your Sterizon wiZit device will only work in your business location to which it was assigned by Sterizon. If you report to the Customer Service Center that your leased Sterizon wiZit device was lost, damaged, defective or stolen we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee (per Section 2H) will apply. In addition, in order to minimize downtime for your Sterizon wiZit device, Sterizon will, upon your request, deliver a replacement Sterizon wiZit device to you via overnight delivery. Our Overnight Delivery Fee will apply.
C. By using the Sterizon wiZit device, you agree to receive all software updates and upgrades that Sterizon sends to your Sterizon wiZit device.
D. Sterizon wiZit device contains certain components and software which are proprietary to Sterizon. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your Sterizon wiZit device. Such actions are strictly prohibited and may result in the termination of your Services and/or legal action.
E. To use your Sterizon wiZit device, you must be near an IEEE 802.11b or IEEE 802.11g wireless network (frequently called a Wi-Fi network) at your business location. Sterizon will not provide Wi-Fi hotspot or broadband internet connection as part of the Services. It is your responsibility to have a functional Wi-Fi hotspot with Internet connectivity for the proper functioning of the Sterizon wiZit Wi-Fi Device. As there is unpredictable interruption, traffic congestion, transmission failure and delayed transmission in the open Internet environment, Internet may not be reliable in communication. Sterizon is not liable to such kind of unreliability of Internet, or data loss in transmission which is beyond our control. Sterizon contribute to try every effort to provide a safe, secure, efficient and stable service to the users. The user should understand that Internet is in an open and public environment. We cannot ensure all the data transmission over the Internet will be completely secure and free of data loss. Therefore, no warranties of security of all the information transmission to us or from us through the Sterizon wiZit device or online services will be made. It is your responsibility to use an authorized, secured wireless network and internet connection with proper encryption scheme to protect from potential data loss or theft during transmission.
F. If your leased Sterizon wiZit device is stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the Sterizon wiZit device. You will not be liable for unauthorized use after we have received your timely notification. You are responsible for the Lost/Stolen device fee of $125 for each leased Sterizon wiZit device reported stolen or lost. If your leased Sterizon wiZit device is damaged beyond the normal wear, you are responsible for the device replacement fee (see Section 2H) for each device reported damaged. Damaged devices that are leased must be shipped back at your expense to our processing center within 30 days of the reported incident. Otherwise, the leased device is considered lost/stolen and related charges will apply. If it is determined that the leased device is in fact defective (and not broken or damaged or lost or stolen due to negligent use), we'll ship you a replacement device at no cost to you. Defective device must be shipped back to our processing center within 30 days of the reported incident at your expense to avoid extra charges.
G. Leased Sterizon wiZit device shall at all times remain the sole and exclusive property of Sterizon and we will have the right, at our discretion, to replace it with new or reconditioned device and to remove the device upon termination of Services. None of the device shall be deemed fixtures or part of your realty. Our ownership of the device may be displayed by notice contained on the device. You shall have no right to pledge, sell, mortgage, give away or remove, relocate, alter or tamper with the device (or any notice of our ownership thereon) at any time. Any reinstallation, return of or change in location of the device shall be performed by us at the service rates in effect at the time of service. You shall not attach any electrical or other devices to or otherwise alter the equipment without our prior written consent. Sterizon shall have the right to make such filings as are necessary to evidence our ownership rights in the device, and you agree to execute any and all documents as are necessary for us to make such filings. You agree to take good, reasonable care of the leased Sterizon wiZit device while it is in your possession, and return the Sterizon wiZit device to us upon request or termination of services. Upon termination of Services, you must notify our Customer Service Center to schedule the return of the leased Sterizon wiZit devices. If the leased Sterizon wiZit device (with supplied accesories) is not returned within thirty (30) days of termination or cancellation of account, you will be charged a Lost Device Fee of $125 for each unreturned device.
H. WARRANTY Sterizon warrants to the purchaser that the purchased Sterizon wiZit device will conform to the published specifications for such product and that it will be free from material defects in materials and workmanship for a period of 90 days from the date of first use. The consumer has at their sole and exclusive remedy under this warranty at Sterizon's discretion to repair or replace the product. This warranty does not cover any problems which result from improper installation, unauthorized modification or repair, misuse, damage, abuse, or if any parts are improperly installed or replaced by the user. The product is for customer end use only and not for use in life support or other hazardous applications.
I. If your purchased Sterizon wiZit device is stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the Sterizon wiZit device. You will not be liable for unauthorized use after we have received your timely notification. You are responsible for purchasing a replacement Sterizon wiZit device at the retail price published on Sterizon's website. If your purchased Sterizon wiZit device is damaged beyond the normal wear, you are responsible for the purchase of a replacement device. Defective or damaged devices within the warranty period (see Section 4H) that are purchased must be shipped back at your expense to our processing center within 30 days of the reported incident. Otherwise, the purchased device is considered lost/stolen and related charges will apply. If it is determined that the purchased device is in fact defective (and not broken or damaged or lost or stolen due to negligent use) and is within the warranty period (see Section 4H), we'll ship you a replacement device at no cost to you.
J. You shall notify us promptly of any defect in, damage to, or accident involving the Sterizon wiZit device. All maintenance and repair of the equipment shall be performed by us or our designees. Sterizon may charge you for any repairs that are necessitated by any damage to, or misuse of, the device.
K. Sterizon collects certain network information about its Customers Wi-Fi Network in order to provide the Services using Sterizon wiZit (the "Network Information") such as SSID, BSSID, IP Address, Security Protocol etc. Sterizon may use this information in providing Customer Support and for tracking purposes to avoid misuse of Sterizon Services.
5. TRANSFER OF ACCOUNT, SERVICES.
Sterizon may sell, assign or transfer your account to a third party without notice to you. You may not assign or transfer your Services without our written consent which will not be unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services if your account has an outstanding balance.
6. THIRD PARTY CONTENT, LINKS, INTEGRATION AND SERVICES.
A. You acknowledge and agree that the third party content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the U.S. copyright laws, or comparable foreign laws. You hereby agree and declare that any and all third party content accessed using your Sterizon wiZit device or wiZit software are for commercial use and that the Sterizon wiZit device or wiZit software will not be used for third party content to be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. Sterizon reserves the right to terminate without notice the accounts of businesses of any wiZit software who infringe the copyrights of others.
B. External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
C. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Sterizon of that third party or of any product or service provided by a third party.
D. If you are accessing or using the Services through a Third Party Service, you agree and acknowledge that Sterizon is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Sterizon may terminate such Third Party Service's ability to interact with the Services at any time, with or without notice, and in Sterizon's sole discretion, with no liability to you or the third party.
E. If you are accessing or using the Services with Third Party Integration or Service, you agree and acknowledge that Sterizon is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Integration or Service including but not limited to data loss, unavailability of service, and unauthorized use. You use such Third Party Integration or Service at your own risk. You also agree that you are responsible for all fees and charges associated with your account at Third Party Provider.
7. TITLE TO SOFTWARE AND INTELLECTUAL PROPERTY.
This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services (the "Software") including the software in Sterizon wiZit device, and the Services, are and shall remain the sole and exclusive property of Sterizon. Your use of the software is subject to the terms of this Agreement. Sterizon retains title to and ownership of all the software and certain intellectual property rights in the Sterizon wiZit device software. Sterizon also retains ownership of all Sterizon copyrights and trademarks. In the case of third party software delivered by Sterizon, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the Sterizon wiZit device or software of this system is strictly prohibited, except as expressly set forth in Section 8 ("Open Source Software").
8. OPEN SOURCE SOFTWARE.
Certain components of the software are subject to the GNU General Public License or other so-called open source licenses ("Open Source Software"). Open Source Software is not subject to the restrictions in the last sentence of Section 7 ("Title to Software and Intellectual Property"), and is subject to the GNU General Public License ("GPL") or other license terms, as applicable.
9. CUSTOMER DATA.
Sterizon will not own any data, information or material that Customer submits to Sterizon in the course of its provision of the Services (the "Customer Data") including the data submitted through Sterizon wiZit device. Customer will be solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data, and sole intellectual property ownership thereof. Further, Customer will be solely responsible for maintaining, securing and storing all Customer Data. Sterizon will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
10. CUSTOMER INFORMATION AND DISCLOSURE.
A. Sterizon collects certain personal and business-related information about its Customers in order to provide the Services (the "Customer Information"). If you have provided your contact information, Sterizon may contact you for marketing purposes by various means, including but not limited to regular mail, email or telephone. When you activate an Sterizon account, you give your express consent to receive marketing communications via direct mail, email (at the email address you provided when activating your account), telephone (at the number you provided when activating your account), pre-recorded messages (at the number you provided when activating your account), text messages (if you provided a wireless telephone number), instant messages or other communications methods.
B. In addition to the uses of Customer Information set forth in Section 10.A, Customer agrees that Sterizon may use the Customer Information in connection with its provision of the Services. If Customer purchased the Services as a result of the marketing efforts of a Sterizon marketing partner, Customer agrees that Sterizon may disclose the Customer Information to such marketing partner. Notwithstanding the foregoing, Sterizon will not provide any Customer Information to any third party without Customer's authorization and will use reasonable efforts to prohibit any third party that receives any such Customer Information from selling or redistributing such Customer Information without Customer's authorization.
A. Delivery You acknowledge that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Your payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party. In consideration for the Professional Services to be provided by Sterizon, if any, You agree to pay the fees negotiated.
C. Footer. Each email message sent by Sterizon may contain an automatic identifying footer such as "Powered by Sterizon" or similar message. You agree to not remove, disable or attempt to remove or disable such footer.
D. Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Sterizon Services. You hereby covenant that you shall not use any other lists in connection with your use of the Services. If you have used the Sterizon feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference. You cannot copy a Sterizon template or any other features or functionality from the Services and use them for any purpose other than sending email messages from the Services. Emails that you send through the Services may generate spam complaints from recipients. As a matter of privacy, Sterizon cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Sterizon, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Sterizon will terminate your use of its Services if Sterizon determines that your level of spam complaints is higher than industry norms.
In connection with Sterizon's provision to Customer of the Services, Sterizon will send to your designated email address of record in your account information, information such as User Name and/or Passwords which will enable You to access the Software (the "Passwords"). You agree to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. You will notify promptly Sterizon upon the loss or compromise of any Passwords and You will be solely responsible for all actions and fees incurred as a result of such use of the Passwords. Any unauthorized use of the Passwords by You will constitute a material breach of this Agreement.
13. PROHIBITED CONTENT AND COMMERCE.
Sterizon prohibits the use of Sterizon's Products and Services by any company or site that engages in any of the following:
- Provides, sells or offers to sell the following products or content (or services related to the same): pornography; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
- Provides, sells, or offers to sell or rent any mailing list
- Displays material that exploits children, or otherwise exploits children under 18 years of age
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
- Promotes, solicits or participates in pyramid schemes
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. In addition, Sterizon reserves the right to prohibit the use of Sterizon by any company or site at its sole discretion.
A. Physical Address/Change of Address. When setting up your Sterizon account, you agree to provide us with the physical street address where the Sterizon wiZit device(s) will be located. A post office box does not constitute a physical address and is not sufficient to meet this requirement. You agree to give us prompt notice of your change of name, mailing address, physical address where the device is located or telephone number. You may do this by notifying our Customer Service Center by telephone or in writing.
B. Notice. If we send you notice, it will be considered given when deposited in the U.S. Mail, addressed to you at your billing address or hand-delivered to you. Our notice to you will also be effective if provided on your billing statement or by telephone. If you give notice to us, it will be deemed given when received by us at the address listed on the first page of this Agreement.
C. Applicable Law. This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of the state and local area where Service is provided. These terms and conditions are subject to amendment, modification or termination if required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.
D. Other. This document contains the entire agreement between Sterizon and you, the customer, and no salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual is authorized to change the terms set forth herein. Sterizon may, however, change the terms and conditions of this Agreement in the future and will notify you if that occurs. The terms of this Agreement, which either are expressly stated to survive or by their nature would logically be expected to survive termination, shall continue thereafter until fully performed.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS STERIZON FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE OR INFRINGEMENT AGAINST STERIZON OR THE STERIZON WIZIT SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE STERIZON WIZIT SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE STERIZON WIZIT DEVICE OR RELATED SOFTWARE (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 8 ("OPEN SOURCE SOFTWARE")).
16. WARRANTY DISCLAIMER.
YOU UNDERSTAND AND AGREE THAT THE STERIZON SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STERIZON MAKES NO WARRANTY THAT THE ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES STERIZON MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, STERIZON DOES NOT WARRANT THAT THE SERVICES OR THE STERIZON SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT STERIZON) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. STERIZON ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR STERIZON WIZIT DEVICE, SOFTWARE, OR OTHER HARDWARE. STERIZON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, STERIZON WIZIT DEVICE, OR SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.
Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
17. LIMITATION OF STERIZON'S LIABILITY.
IN NO EVENT WILL STERIZON OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF CUSTOMER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE STERIZON SERVICES, STERIZON WIZIT DEVICE, OR USE OF THE SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF STERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL STERIZON'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE WIZIT SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO STERIZON IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF STERIZON'S AND STERIZON'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit Sterizon's liability in the event of Sterizon's willful or intentional misconduct.
If you have any questions about the rights and restrictions above, please contact Sterizon by email at firstname.lastname@example.org.
Copyright ©2008-2010, Sterizon, LLC. All Rights Reserved.
Last Updated: October 2010
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