Last updated on: January 28, 2021.
We welcome You to FlexiHub!
To make these Terms of Service easier to read, we first want to give You the list of capitalized terms that we will use herein which shall have the following meanings:
“Account” means an account of a user registered via the Website (as defined below);
“API” means any of the application programming interfaces offered by Electronic Team in connection with the Service;
“Authorized Third Party” means systems developers and system integrators commissioned by You or a customer who are responsible for developing, combining and/or integrating the Service with or in Your Product. The term “Authorized Third Parties” shall further comprise third parties, which require a right to Use the Service in order to render repair, maintenance or similar services for Your Product;
“Billing Period” or “Subscription Period” means a time period for the Service provision and billing applicable to a certain Subscription Plan;
“Connection” means an access to a peripheral device, plugged into a USB or COM port of one Node, from another remote Node;
“Session” means a one-time Connection;
“Content” means information, data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Product by users, including all User Content (as defined below);
“Documentation” means the Service related user documentation and explanatory materials or files provided in written, “online” or electronic form;
“Electronic Team” means Electronic Team, Inc., a State of Virginia corporation;
“FlexiHub” or “Service” or “Product” means Electronic Team’s application (app) FlexiHub and any other content, features, and functionalities, and any other downloads, installations, products, and software that You Use through the Website or downloaded in connection with FlexiHub. The Service also includes all Electronic Team resources or media, including without limitation the API, the Software, the Updates and the Documentation;
“Node” means an electronic device running the Software that is at the moment logged in to a given Account;
“Operate(ing)” accessing, downloading, storing, loading, installing, executing, displaying, and copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation;
“Privacy Policy” means Privacy Policy of Electronic Team;
“Private Tunnel Server” means a dedicated Tunnel Server requested by a client and deployed in the location selected by a client either using either our web hosting services or client’s server. This is an additional service, which is available in certain Subscription Plans;
“Software” means all of the contents of the electronic files and/or data in any media relating to the Service including but not limited to the files and/or data and programs stored on the servers, tunnel or other servers, and any backend software;
“Subscription Plan” has the meaning given in the clause 3.1 of these Terms;
“Terms” means the present Terms of Service;
“Tunnel Server” means a proxy that may be provided within the Service when a direct connection between two Nodes is not possible in a given network configuration. Tunnel Server may be (i) public - which is hosted on our servers and is provided by default; and (ii) Private Tunnel Server (as defined above);
“Unique Node” means a Node (as defined above) that is not interchangeable with a new Node, i.e. a Node that is connected to a certain Account and cannot be changed for another new Node that is not yet connected to the Account;
“Use(ing)” means to access, use, or take advantage of;
“User Content” means all Content (as defined above) added, uploaded, submitted, distributed, posted to, or created using the Product by users;
“Updates” means all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, including new builds of the Product;
“Website” means Electronic Team’s website https://www.flexihub.com/;
1 Agreement to Terms
1.1 Electronic Team is the company behind FlexiHub. FlexiHub is a software solution that lets You share USB over network and access remote USB devices between Windows, macOS, Linux and Android operating systems. Please read these Terms carefully because they govern Your use of our Service.
1.2 By registering an Account and/or Using and/or Operating the Product, You agree to be bound by the Terms. If You do not agree to the terms and conditions of the Terms, You may not Operate or Use the Product in any way.
1.3 Before You click on the “I AGREE WITH THESE TERMS OF SERVICE” button, carefully read the terms and conditions of these Terms. Your click of the “I AGREE WITH THESE TERMS OF SERVICE” button before downloading the Product is a symbol of Your signature and by clicking on the “I AGREE WITH TERMS AND CONDITIONS OF THESE TERMS OF SERVICE” button, You are consenting to be bound by and become a party to these Terms and agreeing that these Terms are enforceable like any written negotiated agreement signed by You. If You do not agree to all of the Terms, click the “I DO NOT AGREE” button and the Product will not be installed on Your computer. This Product will not be installed on Your device unless or until You accept the Terms. You may also receive a copy of these Terms by contacting Electronic Team at the email indicated in article 16 hereof or downloading it from the Electronic Team’s Website. This clause is additional and without prejudice to the clause 1.2 hereof.
1.4 If You accept or agree to the Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to the Terms and, in such event, You and Your will refer and apply to that company or other legal entity.
2.1 Description of Service. Electronic Team provides access to the Service via an Account. The level of access to the Service is determined by the Subscription Plan associated with the Account. Connections between the Nodes and devices creating those Connections are coordinated by the Service. Electronic Team also may create the Private Tunnel Server within the Service if needed and is allowed by the Subscription Plan.
2.2 Account. Electronic Team shall ask You to provide certain information to register an Account, You must complete it by providing us with current, complete and accurate information required by the applicable registration form.
2.3 User experience. Electronic Team does not tolerate any form of sexual harassment or bullying. Electronic Team does not tolerate content that is hate speech, threatening, or pornographic.
2.4 User content. User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person (natural person or entity) who originated such User Content. You represent that all User Content provided by You is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, You represent that any User Content You create using tools accessible on the Product does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by You using the Product is at Your own risk and You will be solely responsible for any damage or loss to You or any other party resulting therefrom. Electronic Team does not guarantee that any Content You access on or through the Product is or will continue to be accurate. You are solely responsible for Your interaction with other users of the Product. You agree that Electronic Team is not responsible or liable for the conduct of any user. Electronic Team reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users.
2.5 Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of Electronic Team or its suppliers and/or its authorized affiliates (collectively, the “Owners”) and are protected by civil and criminal law, including copyright, trade secret, trademark and patent laws of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of a trademark owner’s name(s). Such use of any trademark does not give You any rights of ownership or use in that trademark. The Owners own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements or other modifications to the Product, whether made by Electronic Team or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or Use of the Product does not transfer to You any title to the intellectual property in the Product, and You will not acquire any rights to the Product except as expressly set forth in these Terms.
2.6 Source Code. You acknowledge that the source code for the Product is proprietary to Electronic Team and constitutes a trade secret of Electronic Team. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way, nor allow, assist or solicit any third party to attempt or do the same.
2.7 Confidential Information. You agree that, unless otherwise specifically provided herein, the Product, including the specific design and structure of individual programs, constitute confidential proprietary information of the Owners. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party. You agree to implement reasonable security measures to protect such confidential information.
2.8 No Modification. Other than modifying User Content as provided herein, You agree not to modify or alter the Product in any way.
2.9 Information Relating to Children. The Children's Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission (FTC) website. The Website and the Product available thereon is not directed at children under 13 years of age and, therefore, COPPA does not apply. However, Electronic Team recognizes that children under the age of 13 may potentially access the Website and/or the Product, or generally download Software. Parents and Legal Guardians may request Electronic Team to review, delete or stop the collection of any personally identifiable information of their child(ren). You may do so by contacting Electronic Team as provided in the article 16 hereof.
2.10 Product Update. During the Term, You may receive automatic Updates to the Product from time to time. However, these Terms do not obligate Electronic Team to provide any Updates. Notwithstanding the foregoing, any Updates that You may receive will become a part of the Product and be governed by the Terms.
3 Subscription Plans
3.1 Account holders may access the Service by one of the following subscription plans (the “Subscription Plan”): (i) Personal Subscription Plan; (ii) Team Subscription Plan; and (iii) Business Subscription Plan.
3.2 All other subscription plans other than Subscription Plans implemented herein, that were purchased (but not granted free of charge) before the implementation of the Subscription Plans hereby will remain in effect under conditions that were applicable at the moment of their purchase and can be prolonged on the same conditions. If such an old subscription plan is cancelled, a user may not renew it but may purchase any of the existing Subscription Plans or any other subscription plans available at the moment of the respective purchase. If any of the Subscription Plans ceases to be valid, the same rules described in this clause apply.
3.3 To each Subscription Plan certain conditions and limitations apply, as listed below:
(A) Personal Subscription Plan:
(i) You may use the Service for personal and commercial purposes only with only one Account;
(ii) The Personal Subscription Plan allows no more than five (5) Nodes to be logged in to the same Account, all the Nodes under the Personal Subscription Plan being Unique Nodes. You will not be able to add new Nodes to your Account once You have reached the limit of 5 Unique Nodes and Your use of the Service will be limited to the Unique Nodes previously connected to your Account only. Should You intend to use FlexiHub on more than 5 Unique Nodes, please consider signing up for a different Subscription Plan;
(iii) The Personal Subscription Plan may be purchased for three (3) months, six (6) months, one (1) year or three (3) years.
(B) Team Subscription Plan:
(i) You may use the Service for personal and commercial purposes but only within the Team (as defined below);
(ii) the Team Subscription Plan is purchased by one person (the “Team Account Owner”) for a certain amount of persons that use the Software as a part of the Team Subscription Plan (the “Team”, “Team Members” and “Team Members Accounts” accordingly);
(iii) the Team Account Owner can create an Account for the Team (the “Team Account”), add and administer Team Members and generate the login tokens for other Team Members;
(iv) by default the amount of Connections assigned to a Team Account is equal to the amount of Team Members; the Team Account Owner may relocate the Connections within the Team at one’s own discretion. If the number of required connections exceeds the amount allocated to the Team by default, it should be agreed upon with an Electronic Team representative at sales@electronic.us prior to ordering the subscription;
(v) a Team Member can run the Software on his/her computer within his Team Member Account via the token generated by the Team Account Owner but he/she cannot log in to the Team Account;
(vi) the following conditions apply to any of the Team Members Accounts:
(A) by default, no more than three (3) Nodes to be logged in to the same Team Member Account at a time. If the number of required Nodes exceeds the said amount allocated to the Team Members Account by default, it should be agreed upon with an Electronic Team representative at sales@electronic.us prior to following the Subscription Plan;
(B) You may send any number of the Connection invites to other Team Members but only within the Team;
(vii) You may request a Private Tunnel Server for your Team that we will deploy either on your hosting or our hosting. Terms and costs for this additional service shall be agreed upon individually with Electronic Team representative at sales@electronic.us.
(viii) the Team Subscription Plan may be purchased for one (1) month, three (3) months, six (6) months, one (1) year or three (3) years.
(C) Business Subscription Plan:
(i) You may use the Service for commercial purposes, license and sub-license the Service and the corresponding documentation to:
(A) Authorized Third Parties which require a right to Use the Service in connection with one or several Your and/or Your customer project(s);
(B) Your customers and/or any of the customer’s affiliates, which require a right to Use, market or disseminate the Service as part of Your Product. This right also includes the right to grant end users corresponding rights.
(ii) The access to the Service is billed and provided based on the number of prepaid Sessions.
(iii) You can choose one of the following billing options:
- Pay as you go: You are entitled to renew Your subscription or add more Sessions whenever you feel appropriate. However, if You don’t make any renewals within one (1) year, Your access to the Service will be suspended and we will ask You to buy more sessions to reactivate Your Account.
- Monthly: You are billed on a monthly basis for the number of Sessions that you need in advance. The Subscription renews every month. You can purchase additional Sessions at any time. Unused Sessions do not roll over month to month.
(iv) So that You may continue to enjoy uninterrupted use of the Service once You have reached the prepaid Sessions limit, we offer an option to activate a one-time credit of 100 Sessions for your account. Once the credit Sessions have run out, You won’t be able to connect to any more remote devices until You pay the session balance and buy additional Sessions by contacting our Sales Team.
(v) You may request additional customizations to the Product, including but not limited to whitelabeling, Private Tunnel Server, UX/UI modifications, etc. Terms and costs for these additional services shall be agreed individually with Electronic Team representative at sales@electronic.us.
3.4 From time to time we may offer subscription plans, including special promotional plans with differing conditions and limitations. These terms will be either reflected here in the Terms or disclosed at Your signup to the Account.
3.5 Cancellation
3.5.1 You may cancel Your paid subscription at any time. In this case, Your paid subscription will remain active until the end of the current Subscription Period, after which it will end, and no further charges will be billed.
3.5.2 Please note that You must cancel Your subscription before it renews for a subsequent Billing Period to avoid being charged the next Billing Period’s subscription fee.
3.6 Evaluation
3.6.1 A one-time time and functional limited demo of the FlexiHub Subscription Plan is available to new users of the Service. The following conditions apply to Your use of the Service during the demo period:
(A) You may use the Service for review and evaluation purposes only, any form of commercial use is prohibited;
(B) the demo period lasts thirty (30) days;
(C) no more than 5 Unique Nodes are allowed. Please, note that these Nodes must not be associated with any other FlexiHub Accounts, including demo Accounts;
(D) You can establish no more than 5 Sessions;
(E) You may not sign up for more than one demo period.
3.6.2 Electronic Team reserves the right, in its absolute discretion, to determine Your demo eligibility. In some countries, the demo subscription may be unavailable. Due to the suspicious activity and systematic abuse of the Service during the demo period by some FlexiHub users from those countries, we are forced to restrict access to the evaluation subscription.
4. Billing
4.1 By starting Your paid subscription and providing a payment method, You authorize us to charge You a subscription fee at the rate effective at the time of the order plus any applicable taxes. Subscription fees shall be due and payable in advance unless stated otherwise.
4.2 By providing Electronic Team with a payment method, You: (i) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; (ii) authorize Electronic Team to charge You for the Service and any of its updates purchased using Your payment method; and (iii) authorize Electronic Team to charge You for any paid feature of the Service that You choose to sign up for or use. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed in connection with Your transactions. Upon our discretion we may bill You (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge You up to the amount You have approved, and we will notify You in advance and in accordance with the terms of Your subscription of any change in the amount to be charged for recurring subscriptions. We may bill You at the same time for more than one of Your prior Billing Periods for amounts that haven't previously been processed.
4.3 You may edit Your payment method information by visiting the link that will be provided to You after Your order has been processed. If for any reason we are unable to successfully bill Your preferred payment method (due to expiration, insufficient funds, or otherwise), we reserve the right to suspend access to Your account within thirty (30) days of the failed billing attempt or not to provide the Service right away.
4.4 Your subscription will be automatically renewed at the end of the Subscription Period, unless You cancel it before the end of Your current Subscription period.
4.5 As the Product is purchased on a subscription basis, You hereby acknowledge and agree that You are authorizing recurring payment, and payments shall be made to Electronic Team by the method You have chosen at the recurring intervals (Billing Periods), until the subscription is terminated by You or by Electronic Team or otherwise in accordance with these Terms. By authorizing recurring payments, You are authorizing Electronic Team to process such payments. Subscription fees are generally billed or charged in advance of the applicable Billing Period.
4.6 We reserve the right to adjust pricing for the Service or any components thereof at any time and in any manner as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following email notice to You. 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 Service after the price change takes effect, You accept the new price.
5.1 Because of the nature of Electronic Team’s Product, all purchases and sales are FINAL. However, Electronic Team reserves the right to address each refund request on a case-by-case basis and in its sole discretion. If You are seeking a refund because of a Product malfunction, bug, or similar concern, please contact Electronic Team as outlined at the end of there Terms. For the purpose of the present article, we inform You that You are not eligible for a refund if You forgot to cancel their FlexiHub subscription and it renewed for the next Subscription Period.
5.2 In avoidance of any doubt, cancellation of the paid subscription does not result in a refund of any subscription fees already paid.
5.3 European Union (EU) Residents. Because of the nature of Electronic Team’s Product, if You are an EU resident, upon purchase of any Electronic Team Product You will lose Your right of withdrawal under the Consumer Rights Directive (“CRD”) 2011/83/EU of the European Parliament and of the Council of 25 October 2011. Your loss of the right of withdrawal is based upon CRD Article 16(m), which omits the purchase of “digital content” (e.g., downloaded software) from the right of withdrawal. Upon purchasing Electronic Team Product, You expressly CONSENT to the performance of the purchase contract and ACKNOWLEDGE that You will lose the right of withdrawal. In such a case, effectively, Electronic Team offers NO REFUNDS to EU residents pursuant to the CRD.
6.1 You agree that You will not:
(A) Engage in any act that Electronic Team deems in its reasonable discretion to be in conflict with the spirit or intended Use of the Product and Service;
(B) Make improper Use of Electronic Team’s Product;
(C) Use the Product, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
(D) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial-of-service (DoS) attacks upon the Product or Website, or other attempts to disrupt Electronic Team Service;
(E) Make available through the Product any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonate the same, including without limitation an Electronic Team employee;
(F) Use, facilitate, create, or maintain any unauthorized connection with the Product, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Product, or (ii) any connection using programs, tools, or software not expressly approved by Electronic Team;
(G) Bundle the Product in whole or in part with any other products, applications or extensions without Electronic Team’s prior explicit written approval; and
(H) Distribute or otherwise disseminate the Product in whole or in part apart from its installer application;
(I) Attempt to decipher, decompile, disassemble or reverse engineer any of the Software used to provide the Service;
(J) Encourage or enable any other individual to do any of the aforementioned.
7 Privacy Policy
Please refer to our Privacy Policy for information on how we collect, store, use and disclose our users' personal information. Your Use of the Service is subject to our Privacy Policy.
8 Support and Service Availability
8.1 We strive to provide the best service possible and will use reasonable efforts to keep the Service available to You at all times during the term of Your subscription.
8.2 We will also use reasonable efforts to prevent and/or rapidly respond to and remedy any interruption to the operation of the Service caused by third parties and resulting from unlicensed use, viruses, malicious code, denial of service attacks, or other external tampering with the Service.
8.3 On rare occasions You may experience performance issues or loss of service because of scheduled maintenance, of which we will inform You beforehand by means of the notification system built into the Software.
8.4 All technical support related to the use of the Service is provided in accordance to the Electronic Team’s Support Policy (https://www.electronic.us/company/policies/terms/) for the duration of these Terms.
9 Modification
We reserve the right to modify these Terms at any time by posting an amended Terms that is always accessible through a link on the Website and/or by giving You prior notice of a modification. You should check these Terms periodically for modifications. The date of the last modification will be indicated at the top of this page. If any modification is unacceptable to You, Your only recourse is to terminate these Terms. Your continued use of the Service following our posting of an amended Terms or providing You notice of a modification will constitute binding acceptance.
10.1 These Terms will continue to apply to You until terminated by either You or Electronic Team. We reserve the right to suspend Your access to the Service, without prior notice and without any refund, at any time for Your failure to maintain Your subscription fees or for any violation of these Terms or any other Documentation.
10.2 The term of the Terms (“Term”) shall begin when You register an Account or download or install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, in perpetuity. Electronic Team may terminate the Terms by offering You a superseding Terms of Service for the Product or any replacement or modified version of the Product and conditioning Your continued use of the Product or such replacement, modified or upgraded version.
10.3 Electronic Team reserves the right to modify or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without liability to You should You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms, You must immediately cease Use of the Product and destroy all copies of the Product.
11.1 NO IMPLIED OR OTHER WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND Electronic Team MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS EULA. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. Electronic Team MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Electronic Team DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, SCHEDULED OR UNSCHEDULED PERIODIC SYSTEM MAINTENANCE, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, Electronic Team EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. Electronic Team DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY Electronic Team TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
11.2 LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCT AND THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT) WITH ANY OTHER HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Electronic Team OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE, SOFTWARE, OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Electronic Team’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12 SURVIVAL
The provisions of articles 2, 5, 6, 10-14, 16 and 17 hereof shall survive the termination or expiration of these Terms.
Each Party agrees that a breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to a Party for which there will be no adequate remedy at law, and such Party shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).
If one or more provisions of the present Terms are held to be unenforceable under applicable law, the Parties agree to renegotiate such provision in good faith. If the Parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision will be excluded from these Terms, (ii) the balance of these Terms will be interpreted as if such provision were so excluded and (iii) the balance of these Terms will be enforceable in accordance with its terms.
15 SECTIONS AND OTHER HEADINGS
The section and other headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
All notices and other communications hereunder shall be done by signed documents or letters via post or email only when given to the addresses and to the attention of the individuals set forth below:
(A) Electronic Team:
Address: 1800 Diagonal Road, Ste 600, Alexandria, VA 22314
Email address: ping@electronic.us
(B) Client:
All the notices to the Client shall be given via email associated with his/her/its Account and/or via Client’s billing address or the address that the Client otherwise expressly provided to Electronic Team.
17 GOVERNING LAW AND DISPUTE RESOLUTION
17.1 Governing Law. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. To the extent permitted by law, the provisions of these Terms shall supersede any provisions of the Uniform Commercial Code (UCC) as adopted or made applicable to the Product in any competent jurisdiction. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly disclaimed and excluded.
17.2 Notice of dispute. You and Electronic Team agree to first attempt to negotiate any dispute arising from these Terms informally for at least 30 days before initiating court dispute resolution as provided in clause 17.3. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). Notices of Dispute must:
(A) include the full name and contact information of the complaining party;
(B) describe the nature and basis of the claim or dispute; and
(C) set forth the specific relief sought (Demand).
Notice of Dispute shall be sent in accordance with the article 17 hereof.
17.3 Jurisdiction and Venue. The federal and state courts located in the City of Alexandria, Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms. You agree that these Terms are to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on these Terms, or arising out of or related to these Terms or any alleged breach thereof, shall be prosecuted exclusively in the federal or state courts in of the Commonwealth of Virginia and You, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that Electronic Team as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction.
If You have any questions about these Terms or the Service, please contact Electronic Team at the email indicated in article 16 hereof.