Last Updated: October 28, 2016
Subscriber: You represent and warrant that (a) if you are an individual, you are at least 18 years old and otherwise legally competent in all respects to enter into and be bound by this Agreement or (b) if you are an entity, you are a corporation, limited liability company, partnership or other legal entity in good standing, and possess all legal authority and power to enter into and be bound by this Agreement. If you are a legal entity, you hereby represent and warrant that you have the authority to and do hereby bind your entity and all individuals employed or engaged by your entity that may use the Services.
Authority to Grant Access through the Services to Your Devices: You represent and warrant (for yourself and/or any entity that you represent) that you and/or such entity have full legal authority to grant access to your Devices through the Services.
myDevices does not verify the information provided by or the identity of any users of its Services. Therefore, if you grant access to your Devices from anyone who is not a myDevices Support Staff member (described below), we will not be responsible if they are not who they say they are. You alone are responsible for determining the identity of those to whom you grant access to your Devices, and the intention and scope of such grant.
YOU SHOULD NOT ACCEPT REQUESTS TO GAIN ACCESS TO YOUR DEVICES FOR SUPPORT OR MAINTENANCE OR OTHERWISE FROM UNKNOWN PEOPLE OR COMPANIES UNLESS YOU HAVE VERIFIED THEIR IDENTITY AND ARE SURE YOU WANT TO GIVE THEM SUCH ACCESS.
myDevices Authorized Supporter: If you request that myDevices or our authorized representatives access your Devices through the Services in order to provide you with support or maintenance, such access will be given when we designate one of our authorized support staff (“Support Staff”) to provide such support or maintenance.
Accessing Other User’s Devices:
You may only access those Devices for which you have been expressly been granted permission by the user or owner of such Devices. If you access another user’s Device through the Services, you may only do so in accordance with the terms and conditions of this Agreement, and in compliance with all applicable law. You are not permitted to access another user’s Devices using the Services unless (i) all identifying information provided by you is current and up to date and (ii) the intention and scope of such access has been expressly agreed and acknowledged by the user or owner of the Device and you. You may only access another user’s Devices within the express limits of authority that may be granted to you. For example, you are not permitted to install software, change system settings, or undertake any action through the Services without the express permission of the user or owner of the Device.
Authorization and Identification: You acknowledge and understand that we do not verify the identity of any of the users of the Services (or any information they provide us) and that we will not be liable in any manner whatsoever if any such identity or information is incorrect or incomplete. You are solely responsible for verifying all information about and from any user to whom you grant access to your Devices through the Services.
Changes in the Services: The Services and their availability, features and functionality may be updated, changed, added to, limited or terminated, at any time, without notice, by myDevices in its sole and exclusive discretion. You agree to bear the risks of and hold myDevices harmless from any and all effects that such changes may have on you and your ability to use the Services and/or any applicable Device.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. myDevices HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THE QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE, SUPPORT, MAINTENANCE OR INFORMATION GIVEN BY myDevices, myDevices ‘S REPRESENTATIVES, AUTHORIZED SUPPORTERS OR OTHER USERS SHALL CREATE A WARRANTY. THE FOREGOING DISCLAIMERS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY myDevices AND/OR ANY OTHER USERS.
Limitation of Liability. myDevices SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL myDevices BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT myDevices HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. myDevices SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY. IN ANY EVENT, myDevices’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO CANCEL YOUR ACCOUNT AND/OR SUBSCRIPTION. IN NO EVENT SHALL myDevices’S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO myDevices FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, myDevices’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY myDevices AND/OR ANY OTHER USERS.
Indemnification. You shall defend and hold harmless myDevices (and its owners, directors, officers, employees, affiliates, agents, representatives, successors and assigns) from and against any third party claim, action, suit or proceeding that arises from, is based on or related to your breach of this Agreement or any unauthorized use of the Services and indemnify myDevices for all losses, damages, expenses and costs (including reasonable attorneys’ fees) incurred by myDevices as a result of any such claim, action, suit or proceeding.
VENUE, GOVERNING LAW, DISPUTE RESOLUTION AND CLASS ACTION WAIVER. ANY LEGAL ACTION OR DISPUTE BASED ON, RELATED TO OR CONNECTED WITH THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE VENUE, GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER PROVISIONS OF THE EULA. OUR CURRENT EULA IS AVAILABLE HERE.
Reservation of Rights. myDevices reserves all rights not expressly granted to you by this Agreement.
Survival. The following provisions shall survive the expiration or termination of this Agreement: disclaimer of warranties, exclusions of damages, limitation of liability, indemnification, benefit of provisions, relationship of the parties and binding agreement, venue, governing law, dispute resolution and class action waiver, reservation of rights and all general/miscellaneous provisions.
Benefit of Provisions. All provisions of this Agreement that disclaim warranties, exclude damages and limit liability shall be for the benefit of myDevices and our affiliates, partners, licensors, vendors and similar parties.