THESE TERMS REQUIRE THE USE OF MANDATORY AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS DEFINED HEREIN) RATHER THAN, AMONG OTHER THINGS, JURY TRIALS OR CLASS ACTIONS AS PROVIDED BELOW.
YOUR INSTALLATION, ACCESS OR USE OF ANY FEATURE OF THIS APPLICATION ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND HEIDENHAIN CORPORATION, AN ILLINOIS CORPORATION (COLLECTIVELY, WITH ITS PARENTS, SUBSIDIARIES AND AFFILIATES, “HEIDENHAIN”, “WE” or “US”), AND SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT ANY PORTION OF THESE TERMS, DO NOT INSTALL, ACCESS OR USE ANY FEATURE OF THE APPLICATION, OR IMMEDIATELY DELETE THE SOFTWARE APPLICATION FROM YOUR MOBILE DEVICE.
ACU-RITE® IS A REGISTERED TRADEMARK OF HEIDENHAIN CORPORATION. ALL RIGHTS RESERVED.
USE OF THE APPLICATION.
- Creating an Account. You will need to create an account to use all or part of the Application. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. You must immediately notify HEIDENHAIN if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
- Application Features. HEIDENHAIN’s application is available only to users who have been authorized and provided credentials by HEIDENHAIN. HEIDENHAIN reserves the right to add, remove, modify or change the Application features and content at any time, without notice or liability to you.
- Service Limitations. HEIDENHAIN uses reasonable efforts to keep the Application operational and up-to-date. However, HEIDENHAIN’s ability to do so and availability of the Application may be limited from time to time, without liability to you. For example:
a. The Application may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
b. We may modify, suspend, or stop (permanently or temporarily) providing all of part of Application.
c. HEIDENHAIN has no obligation to provide any specific features or content through the Application, and it may remove particular features or content at any time, without notice or liability to you.
- Billing. HEIDENHAIN may from time to time make changes to payment terms and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Application after the price change takes effect, you will have accepted the new price. If you do not agree to the price change, you must unsubscribe and cease using the paid version of the Application.
- Renewal and Cancellation. Your paid subscription to the Application will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. If you choose to cancel your subscription, the cancellation will take effect the day after the last day of the current subscription period and your access to the Application will cease. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
LIMITED LICENSE. HEIDENHAIN grants you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Application only on a mobile device that you own or control, solely for your personal use and as expressly permitted under these Terms. This license grant is expressly conditioned on your acceptance of these Terms without modification. You agree that your installation of the Application constitutes a license subject to these Terms and not a sale of the Application. If you do not agree to all of these Terms, do not install, use or access the Application, or immediately delete the Application from your mobile device.
We reserve the right to terminate this limited license and your ability to use or access the Application at any time, in our sole discretion, without notice to you.
RESTRICTIONS. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Application or content contained in the Application; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application or content contained in the Application except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Application except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Application; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application; (vi) attempt to gain unauthorized access to or impair any aspect of the Application or its related systems or networks; (vii) use the Application in any manner that could damage, disable, overburden, or impair the Application, or interfere with any other party’s use of the Application; or (viii) use the Application for any purpose that is unlawful or in violation of these Terms. The Application and all rights therein are and shall remain our property, as applicable. Neither these Terms nor your use of the Application convey or grant to you any rights: (i) in or related to the Application except for the limited license granted above; (ii) in or related to the company names, trademarks, service marks, logos, copyrights and other intellectual property displayed in the Application which are the property of HEIDENHAIN or other third parties; or (iii) to use, reference, copy or reproduce in any manner the company names, trademarks, service marks, logos, copyrights and other intellectual property which are the property of HEIDENHAIN or other third parties. We retain all ownership rights with respect to our company names, trademarks, service marks, logos, copyrights and other intellectual property which are displayed in the Application.
MOBILE AND OTHER DEVICES. The Application is currently offered on your mobile device (including but not limited to mobile phone, tablet computer, slate computer or personal media player). You agree that you may receive communications from us (including but not limited to push notifications, text messages, pictures, emails and other electronic communications) on your mobile device. Charges and fees from your mobile carrier, such as text messaging, network and data charges, may still apply. You alone are responsible for any charges and fees associated with the installation, use or access of the Application on your mobile device. In the event you change or deactivate your mobile telephone number, you agree to update your account information within 48 hours to ensure that messages are not sent to the person who acquires your old number. You are responsible for the security of your mobile device and the security of any passwords or other login information required to use or access the Application. We may monitor your login information and you agree to change your login information upon request. Additionally, we reserve the right to terminate your use and access of the Application if we determine in our sole discretion that a security risk exists.
It is your sole responsibility to use a mobile device that conforms to the requirements required to use the Application and its features. HEIDENHAIN assumes no responsibility or liability for your inability to use the Application on an unsupported mobile device.
USER CONTENT. Any and all text, audio, visual and other electronic content and information, including but not limited to commentary and feedback related to the Application, submitted, uploaded, published or otherwise made available by you in the Application or to HEIDENHAIN constitutes “User Content.” You agree that you will not attempt to submit, upload, publish or otherwise make available any User Content using any manual or automated means other than those provided in the Application. Any User Content provided by you remains your property. However, by submitting User Content to HEIDENHAIN, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Application and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, edit, decline to post or remove any User Content or any portion thereof, at our sole discretion and at any time and for any reason, without notice to you. You are solely responsible for ensuring the User Content is accurate, complete and up-to-date. We do not assume any responsibility for or liability relating to User Content.
THIRD PARTY CONTENT. The Application may contain content and links to other websites or applications which are prepared by third parties that we do not control (“Third Party Content”). We are not responsible for the Third Party Content and expressly disclaim any representation or warranty regarding the Third Party Content, including but not limited to the accuracy, legality or decency of the Third Party Content. Third Party Content is provided for your convenience only. Except as expressly stated in the Application or otherwise, the inclusion of Third Party Content or the description of a product or service offered by a third party does not constitute an implied endorsement of such Third Party Content by us. Company names, trademarks, service marks, logos, copyrights and other intellectual property displayed within Third Party Content remain the property of the third party owning such content.
See Usage Rules of Apple Inc.’s App Store Terms of Service (located at http://www.apple.com/legal/itunes/us/terms.html#service).
CERTAIN APPLICATION FEATURES
- Location Information. The Application may have the capability to collect precise location information from your mobile device using the permission system employed by your mobile operating system. Your consent to access location services via your mobile operating system constitutes consent to permit the Application to use and store your location. If you initially permit the collection of location information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of the Application.
- Beacons. The Application may incorporate beacon technology developed by third parties. This beacon technology is designed to help us better provide relevant products, services and information to you and to help us effectively measure advertising effectiveness. This technology may install cookies and/or web beacons (“Beacons”) on your mobile device. These Beacons may trigger hardware to communicate with you regarding products, services and information. Installation, use and access of the Application while Beacons are enabled constitutes consent to the installation of these Beacons on your mobile device and consent to receive electronic communications triggered by the Beacons.
DISCLAIMER. THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APPLICATION OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE APPLICATION, OR THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE APPLICATION INTERFACES WITH THIRD-PARTY SYSTEMS AND DEVICES FOR WHICH WE ARE NOT RESPONSIBLE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE APPLICATION WILL BE COMPATIBLE WITH ANY THIRD-PARTY SYSTEM OR DEVICE. IN ADDITION, THE APPLICATION RELIES ON THE TRANSMISSION OF ELECTRONIC INFORMATION VIA BLUETOOTH CONNECTION AND OTHER MEANS. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE TRANSMISSION OF ELECTRONIC INFORMATION WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. HEIDENHAIN DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM THE INTERFACE OF THE APPLICATION WITH A THIRD-PARTY SYSTEM OR DEVICE, OR FROM THE TRANSMISSION OF ELECTRONIC INFORMATION TO THE APPLICATION.
LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE APPLICATION OR YOUR INABILITY TO ACCESS OR USE THE APPLICATION; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL JOINT AND SEVERAL LIABILITY TO YOU IN CONNECTION WITH THE INSTALLATION, USE OR ACCESS OF THE APPLICATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWENTY-FIVE U.S. DOLLARS (US $25).
INDEMNITY. You agree to defend, indemnify, and hold HEIDENHAIN and its employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, demands, claims, damages, liabilities and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of: (i) your use of the Application; (ii) your breach or violation of any of these Terms; (iii) your User Content; (iv) our use of your User Content; or (v) your violation of the rights of any third party, including but not limited to your infringement of the intellectual property rights of third parties.
- Modification or Amendment. We reserve the right to modify or amend these Terms at any time in our sole discretion and without notice, by updating the posted Terms in the Application or on our website. Any such modification or amendment shall become effective upon posting. Your installation, use or access of the Application after such modification or amendment shall be deemed to be your acceptance the Terms, as modified or amended.
- Supplemental Terms. Supplemental terms may apply to certain features or services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable feature or services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable features or services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable features or services.
- Legal Age. The Application is intended for the personal use of individuals who have attained the legal age of consent or majority in the relevant jurisdiction and are competent to agree to these Terms. If you are a legal minor or have been deemed incompetent, do not use the Application.
- MANDATORY ARBITRATION/CLASS ACTION WAIVER. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE APPLICATION, THESE TERMS, OR THE BREACH THEREOF (“DISPUTES”), SHALL BE SETTLED BY MANDATORY AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
ALL DISPUTES SHALL BE HEARD BY A SINGLE ARBITRATOR. IF THE PARTIES ARE UNABLE OR FAIL TO AGREE UPON AN ARBITRATOR, THE ARBITRATOR SHALL BE SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION. THE PLACE OF ARBITRATION SHALL BE DUPAGE COUNTY, ILLINOIS. THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD PUNITIVE OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY’S ACTUAL DAMAGES, EXCEPT AS MAY BE REQUIRED BY STATUTE. THE ARBITRATOR SHALL NOT AWARD CONSEQUENTIAL DAMAGES IN ANY ARBITRATION INITIATED UNDER THIS SECTION. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF REASONABLE ATTORNEY FEES. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES.
NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN CONNECTION WITH ANY DISPUTE. FURTHER, UNLESS BOTH PARTIES SPECIFICALLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S INDIVIDUAL DISPUTE.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PROVISION SHALL PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF ON AN EMERGENCY BASIS IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN DUPAGE COUNTY, ILLINOIS.
- Choice of Law. These Terms shall be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law.
- Notice of Copyright Infringement. Any notice of copyright infringement shall be sent to [HEIDENHAIN Corporation, 333 E. State Pkwy. Schaumburg, IL 60173.] Such notice should contain the information required under the Digital Millennium Copyright Act, 15 U.S.C. §512 to be effective.
- Notice. We may give you notice by means of a general notice on the Application, electronic mail to any email or text address you have submitted in the Application, or by written communication sent by first class mail or pre-paid post to the address in your Account. Mailed notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or immediately if sent by email or text. You may give notice to HEIDENHAIN, with such notice deemed given when received by HEIDENHAIN, at any time by first class mail or pre-paid post to [HEIDENHAIN Corporation, 333 E. State Pkwy. Schaumburg, IL 60173.]
- Assignment. These Terms may not be assigned by you. We may assign these Terms at any time with without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; (iii) a successor by merger; or (iv) a purchaser of the ownership rights to the Application. Any purported assignment in violation of this section shall be void.
- Relationship. No joint venture, partnership, employment, or agency relationship exists between you, us or any third party as a result of these Terms or use of the Application. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.