License of Software
The LINK™ device (“LINK™”) uses and works with various software (including the Fasetto® software) that may include software that is downloaded to your computer or mobile device (“Software”). We are granting you a limited, nonexclusive, nontransferable, revocable license to use the Software solely for non-commercial, personal use pursuant to these Terms. No other rights to the Software are granted to you and such rights are specifically reserved by us. Further, since this is a non-commercial license, any use of Software or LINK™ for commercial purposes is prohibited under this license and can result in immediate termination of this license.
Responsibilities of Using Fasetto
In order to maintain the quality of the experience of LINK™, You agree that Your use of LINK and the Software does not: :
- Infringe any intellectual property rights, including patent, copyright, trademarks, trade secret, or trade dress of any third party
- Harass, defame, bully, or intimidate any third party in any way
- Breach or circumvent any security or authentication measures
- Interfere with or disrupt any user, host, or network, such as by transmitting a virus, malware, or other harmful programs
- Send unsolicited communications, including spam
- Misrepresent your identity in any way
- Violate any law; or
- Use Fasetto in a manner that is not in the spirit of these Terms, even if such use does not violate a specific term contained within.
Right to Terminate
We are granting You a license to use the Software and this Site. We reserve the right to terminate that license and suspend Your use of the Software or this Site at any time for violating these Terms or for any reason that we deem appropriate, in our sole and absolute discretion. Should we terminate Your use of LINK or the Software, any content that has been submitted to us and that is stored on our servers remains ours and we are under no obligation to return it to you. This does not mean that the underlying intellectual property rights in the content are transferred to us rather that we retain ownership of the physical content that we have at the time of termination and are under no obligation to return it to you.
Limitation of Warranty and Liability
The Software and LINK are provided to You “as is” without any warranties, express or implied related to merchantability or fitness for any purpose. That means that YOU ARE USING THE SOFTWARE AND LINK AT YOUR OWN RISK AND THAT YOU UNDERSTAND THAT THERE ARE NO WARRANTIES OR GUARANTEES REGARDING YOUR USE OF LINK OR THE SOFTWARE OR YOUR CONTENT THAT YOU USE WITH THE SOFTWARE AND LINK. AS SUCH, YOU ARE ENTIRELY RESPONSIBLE FOR ANY LOSSES THAT YOU ENCOUNTER DUE TO YOUR USE OF LINK AND THE SOFTWARE AND THESE LOSSES INCLUDE LOST BUSINESS OPPORTUNITIES AND OTHER LOSSES YOU INCUR THAT MAY BE RELATED TO FASETTO NOT FUNCTIONING—INCLUDING SUCH LOSSES THAT WE KNEW OR COULD KNOW ABOUT. IN CERTAIN STATES AND OTHER JURISDICTIONS, THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND IN WHICH CASE THEY DO NOT APPLY. IN ANY EVENT, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT TO THE EXTENT FASETTO IS LIABLE TO YOU, THAT OUR LIABILITY WILL BE CAPPED AT THE AMOUNT OF LICENSE ROYALTIES YOU PAID FASETTO IN THE PAST YEAR BEFORE THE EVENT OCCURRED THAT GAVE RISE TO THE LIABILITY. FINALLY, YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE A BASIS OF THE BARGAIN THAT ALLOWED US TO OFFER YOU RIGHTS TO LINK AND THE SOFTWARE.
We reserve the right to modify and amend these Terms at any time. While we may e-mail or otherwise contact You to notify You that these Terms have been updated, it is Your responsibility to verify that You are complying with the most up-to-date Terms. You should check back to this portion of our website to verify whether or not these Terms have changed
These Terms form the entire Agreement between You and Fasetto and supersede and replace any other agreements, terms or conditions applicable to Fasetto and You. Fasetto’s failure to enforce any particular provision shall not constitute a waiver of any such provision and we expressly reserve the right to enforce such a provision at a later date. Should any provision or section of these Terms be found invalid or unenforceable, such provision shall be stricken from these Terms and the remaining terms shall be valid. Further, You expressly agree that You and Fasetto are not partners or agents. Any dispute related to these Terms will be governed by Arizona law and you agree to the exclusive jurisdiction of the courts located in Maricopa County, Arizona. Should any dispute arise between You and Fasetto, You first agree to mediate such a dispute in good faith with Fasetto. With respect to such mediation, You agree that You will select a mediator with Fasetto who is familiar with software and jointly share the costs of the mediation with Fasetto. You also agree that such mediation will be held in Phoenix, Arizona.