Terms of Service
Welcome, and thank you for your interest in Deviceplane Inc (“Deviceplane,” “we,” or “us”) and our Deviceplane service, located at www.deviceplane.com, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). This User Agreement is a legally binding contract between you and Deviceplane regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (TOGETHER, THIS “AGREEMENT”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND Deviceplane’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Deviceplane AND BY YOU TO BE BOUND BY THIS AGREEMENT.
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 14, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND Deviceplane ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)
1. Eligibility
By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement and you agree to be bound by this Agreement.
2. Accounts and Registration
To access most features of the Service, you must register for an account. You agree that the account information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
3. Licenses
3.1 Limited License Subject to your complete and ongoing compliance with this Agreement, Deviceplane grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the Service.
3.2 License Restrictions Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
3.3 Feedback If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Deviceplane an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
4. General Payment Terms
Certain features of the Service may require you to pay fees, as set forth in an ordering document or online order entered into between you and Deviceplane (an “Order Form”). You agree to pay all fees specified in an Order Form. Except as otherwise specified herein or in an Order Form, all fees are in U.S. dollars and are non-refundable. If you provide Deviceplane with credit card information in connection with an Order Form, you authorize Deviceplane to charge such credit card for all purchased services listed in the Order Form in accordance with the terms of the Order Form. If the Order Form specifies that payment will be by a method other than a credit card, Deviceplane will invoice you in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced fees are due 30 days from the invoice date, and any amounts not received when due will accrue interest at the rate of 1.5% or the maximum rate permitted by applicable law, whichever is lower. You are responsible for providing complete and accurate billing and contact information to Deviceplane and keeping such information up to date. Deviceplane, at its sole discretion, may make promotional offers with different features and different pricing to any of Deviceplane’s customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement. Deviceplane may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid.
5. User Data
5.1 User Data Generally Certain features of the Service may permit users to upload data and content to the Service (“User Data”). You retain any copyright and other proprietary rights that you may hold in the User Data that you post to the Service.
5.2 Licenses By providing User Data to or via the Service, you grant Deviceplane a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Data, in whole or in part, in any media formats and through any media channels now known or hereafter developed. Deviceplane will have the right to: (a) collect and analyze User Data and other information relating to the provision, use and performance of various aspects of the Service; (b) prepare reports and data that is based on, derived from, or collected from User Data or your use of the Service (“Reports”); (c) use User Data and Reports for Deviceplane’s internal business purposes; and (d) disclose such data solely in aggregate or de-identified form in connection with its business. Without limiting your rights in the User Data, you agree that Deviceplane is the sole owner of all Reports.
5.3 User Data Representations and Warranties Deviceplane disclaims any and all liability in connection with User Data. You are solely responsible for your User Data and the consequences of providing User Data via the Service. Where required, you are responsible for (i) obtaining verifiable consent, in the form required by applicable laws, regulations, and self-regulatory guidelines, related to any personally identifiable information collected, used, maintained, and shared with Deviceplane; (ii) ensuring that you otherwise have any and all rights required in order to provide such data to Deviceplane; and (iii) obtaining data properly and in accordance with applicable law. By providing User Data via the Service, you affirm, represent, and warrant that: 1. you are the owner of the User Data, or have the necessary licenses, rights, consents, and permissions to authorize Deviceplane to use your User Data in the manner contemplated by Deviceplane, the Service, and this Agreement; 2. your User Data does not include personally identifiable information from data subjects in the European Union, or from any users under 13 years of age; 3. your User Data, and the use of your User Data as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Deviceplane to violate any law or regulation.
5.4 User Data Disclaimer We are under no obligation to monitor User Data that you or other users post or publish, and will not be in any way responsible or liable for User Data. Deviceplane may, however, at any time and without prior notice, screen, remove, edit, or block any User Data that in our sole judgment violates this Agreement or is otherwise objectionable.
6. Ownership and Proprietary Rights
The Service is owned and operated by Deviceplane. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Deviceplane are protected by intellectual property and other laws. All Materials included in the Service are the property of Deviceplane or its third party licensors. Except as expressly authorized by Deviceplane, you may not make use of the Materials. Deviceplane reserves all rights to the Materials not granted expressly in this Agreement.
7. Third Party Terms
7.1 Third Party Services and Linked Websites Deviceplane may provide tools through the Service that enable you to import or export information, including User Data, to or from third party services. By using one of these tools, you agree that Deviceplane may transfer that information to the applicable third party service. Third party services are not under Deviceplane’s control, and, to the fullest extent permitted by law, Deviceplane is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Deviceplane’s control, and Deviceplane is not responsible for their content.
7.2 Third Party Software The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to this Agreement, nothing in this Agreement prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
8. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
8.1 Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
8.2 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right.
8.3 Upload, post, or otherwise transmit any sensitive information such as end user account passwords or payment information, medical records, government identifiers, or other information considered sensitive under applicable law.
8.4 Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law.
8.5 Interfere with the operation of the Service, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.
8.6 Perform any fraudulent activity or access any other Service account without permission;
8.7 Sell or otherwise transfer the access granted under this Agreement or any Materials (as defined in Section 4) or any right or ability to view, access, or use any Materials; or 8. attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.
9. Modification of this Agreement
We reserve the right to change this Agreement on a going-forward basis at any time. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies your rights or obligations, we may require that you accept the modified Agreement in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Agreement. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
10. Term, Termination and Modification of the Service
10.1 Term This Agreement is effective beginning when you accept the Agreement or first download, install, access, or use the Service, and ending when terminated as described in Section 10.2.
10.2 Termination If you violate any provision of this Agreement, your authorization to access the Service and this Agreement automatically terminate. In addition, Deviceplane may, at its sole discretion, terminate this Agreement or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and this Agreement at any time by following the instructions regarding account termination available through the Service or by contacting [email protected].
10.3 Effect of Termination Upon termination of this Agreement: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) Sections 3.3, 4, 6, 10.3, 11, 12, 13, 14 and 15 will survive.
10.4 Modification of the Service Deviceplane reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Deviceplane will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
11. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Deviceplane and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Deviceplane Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12. Disclaimers
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Deviceplane DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Deviceplane DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Deviceplane DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Deviceplane ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Deviceplane ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Deviceplane does not disclaim any warranty or other right that Deviceplane is prohibited from disclaiming under applicable law.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Deviceplane ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Deviceplane ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 14.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Deviceplane ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO Deviceplane UNDER THE ORDER FORM PURSUANT TO WHICH THE DISPUTE AROSE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Dispute Resolution and Arbitration
14.1 Generally In the interest of resolving disputes between you and Deviceplane in the most expedient and cost effective manner, and except as described in Section 14.2 and 14.3, you and Deviceplane agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Deviceplane ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2 Exceptions Despite the provisions of Section 14.1, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
14.3 Opt-Out If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you agree to this Agreement by sending a letter to Deviceplane Inc Attention: Legal Department – Arbitration Opt-Out, 2211 Mission St Unit B, San Francisco, CA 94110 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Deviceplane receives your Opt-Out Notice, this Section 14 will be void and any action arising out of this Agreement will be resolved as set forth in Section 15.2. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice.
14.4 Arbitrator Any arbitration between you and Deviceplane will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Deviceplane. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
14.5 Notice of Arbitration and Process A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Deviceplane’s address for Notice is: Deviceplane Inc, 2211 Mission St Unit B, San Francisco, CA 94110. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Deviceplane may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Deviceplane must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Deviceplane in settlement of the dispute prior to the award, Deviceplane will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
14.6 Fees If you commence arbitration in accordance with this Agreement, Deviceplane will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Deviceplane for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
14.7 No Class Actions YOU AND Deviceplane AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Deviceplane agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.8 Modifications to this Arbitration Provision If Deviceplane makes any future change to this arbitration provision, other than a change to Deviceplane’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Deviceplane’s address for Notice of Arbitration, in which case your account with Deviceplane will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
14.9 Enforceability If Section 14.7 or the entirety of this Section 14 is found to be unenforceable, or if Deviceplane receives an Opt-Out Notice from you, then the entirety of this Section 14 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15.2 will govern any action arising out of or related to this Agreement.
15. Miscellaneous
15.1 General Terms This Agreement, together with any Order Forms hereunder, the Additional Terms, and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and Deviceplane regarding your use of the Service. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Throughout this Agreement the use of the word “including” means “including but not limited to”. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.2 Governing Law This Agreement is governed by the laws of the State of California without regard to conflict of law principles. You and Deviceplane submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under this Agreement. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
15.3 Additional Terms Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
15.4 Consent to Electronic Communications By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.5 Communications We may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
15.6 Publicity You grant to Deviceplane a non-exclusive, non-transferable, limited right to use your name, trademarks, and logos solely for the purpose of referencing you as a customer of Deviceplane on the Deviceplane website(s) and marketing materials, provided that such use is in accordance with any trademark and logo use guidelines that you provide to use.
15.7 Contact Information The Service is offered by Deviceplane Inc, located at 2211 Mission St Unit B, San Francisco, CA 94110. You may contact us by sending correspondence to that address or by emailing us at [email protected].
15.8 No Support We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
15.9 International Use The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.