a) No Liability for Test Results. Our smartphone water testing kit is meant to be a screening test for total microbial contamination or specific bacteria as indicated on packaging. WE DISCLAIM ALL LIABILITY ARISING OUT OF TEST RESULTS. While we have taken steps to reasonably maximize the accuracy of our testing system, there is a possibility that the system can return a positive result due to various environment, physical or other circumstances. Given that the system deals with microbiological contaminants at a microbial scale, the EBI system has a detection limit and it is possible that pathogenic microbes may be present in low concentration or different strains (false negative contamination result) even when indicated risk is low or below detection limit. Therefore, WE ARE NOT RESPONSIBLE FOR ANY COSTS, INJURIES, SICKNESS OR EVEN DEATH AS A RESULT OF CONSUMPTION OF WATER IN RELIANCE ON THE APP TEST RESULTS. We are not responsible for breakage or spillage of test vials/cartridges.
c) Disclaimer of Warranty. THIS APP AND ALL OF ITS CONTENT ARE PROVIDED “AS IS”. YOU MUST NOT RELY ON ANY TEST RESULTS OR OTHER INFORMATION PROVIDED BY OR LINKED TO FROM THIS APP WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS APP; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS APP.
d) Limitation of Liability. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS YOU PAID US FOR THE APP. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
e) Smartphone. App uses cellular or WiFi to transmit data. We are not responsible for any charges you incur as a result of this connection. We will not be responsible for any smartphone failures, including without limitation loss of battery power due to use of bluetooth, GPS and other standard smartphone functions.
3. INTELLECTUAL PROPERTY
a) Your IP. As between you and us, all of the content you submit via the App remains yours, provided, however, that by submitting the content you grant us a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process content that you provide without any further consent or compensation to you or any third parties. If you provide any feedback and/or suggestions, we may use, implement and share them for any purpose without compensation to you.
b) Our IP. All App contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this App for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
c) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our App to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to firstname.lastname@example.org.
4. YOUR OBLIGATIONS
By using this App, you represent, warrant and agree that:
a) You are 18 years of age or older.
b) We reserve the right to limit your use of the App and your ability to contact other users.
c) You will only use the App for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the App.
d) You will provide a valid payment method information when necessary and pay all sums due when due.
e) You are solely responsible for all activity that occurs under your account.
f) Our App may contain typographical errors or other inaccuracies.
g) Our App content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share App content via built-in social sharing buttons.
h) You will not submit unsolicited bulk or commercial messages (“spam”) to our App, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
i) You will not access our App in order to gain a competitive advantage.
j) We have the right to refuse access, service or disable your account on our App at any time for any reason or no reason without notice, explanation or liability of any kind.
k) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content.
l) You will not interfere with the proper working of the App. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
a) We may take any action that we deem necessary or appropriate if we believe that any user violates these Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet App Provider, (iii) suspend or terminate any account on our App (iv) moderate any content submitted to us, (v) take any other action provided for in these Terms of Service or available under equity or law.
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
7. GOVERNING LAW & JURISDICTION
These Terms and any action related thereto will be governed by the laws of the Province of Ontario, without regard to its conflict of laws provisions that would result in application of any other law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in the County of Canada.
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the App (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our App.
b) Relationship of the Parties. You and us are independent contractors to each other. There is no joint venture, partnership, employment or any similar relationship between you and us.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
d) Hyperlinks. You may link to our App, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
e) Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
f) No Waiver. Enforcement of these Terms is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.
g) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
9. CONTACT US
Please submit your inquiries to email@example.com
Effective Date: October 8, 2018