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TERMS OF USE

Last revised: September 17, 2018

1. ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and Tempered Networks, Inc. (“TNI”) in Seattle, Washington (collectively, “TNI,” “us” or “we”). The following terms and conditions (“Terms of Use”), govern your access to and use of, including any content, functionality and services offered on or through the website maintained by TNI, http://www.temperednetworks.com, or other operating platforms through which you choose to access or transmit data to us (collectively, the “Website”).

CHILDREN UNDER 18 YEARS OF AGE CANNOT USE THE WEBSITE WITHOUT THE VERIFIED CONSENT OF A PARENT OR GUARDIAN. TNI does not knowingly collect Personal Data from children under 18. If you are under 18, do not:

  • Register or provide any information about yourself to us, such as your name, address, telephone number, e-mail address or any avatar, screen name or user name you may use to TNI or any Third Parties through the Website and other platforms;
  • Use any of the interactive or public comment features of the Website;
  • Use or provide any information on this Website or on or through any of its features.

If a child under the age of 18 wants to use the Website, a parent or guardian of that child should contact TNI and provide the required verifiable consent before permitting your child to access our Website. If we learn we have collected or received Personal Data from a child under 18 without prior verification of parental or guardian consent, we will delete that information. If you believe we might have any information from or about a child under 18 without verified parental consent, please contact us at Info@temperednetworks.com or at 3101 Western Ave, Ste 550, Seattle, WA 98121. We will permit you to review the Personal Data we have received prior to our destruction of it.

All users over the age of 18 should review the entirety of TNI’s Privacy and Digital Millennium Copyright Act Policy (“Policy”) and the Terms of Use before you consent to the collection and use of your personal data; or post content that may infringe on a work protected by copyright. If you do not agree with our policies and practices, you have the choice of not using our Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Policy, as amended.

2. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use, of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the provision change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time when you access this Website so you are aware of any changes, because as amended, the Terms of Use are binding on you.

3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to, the use of any interactive features on the Website, is governed by our Terms of Use and Policy, and you consent to all actions we take with respect to your information consistent with TNI’s policies.

TNI maintains reasonable administrative, technical and physical safeguards to secure your account, including your Personal Data and comments or information you may post on the TNI blog or linked sites (See, “User Contributions” in section 8) from accidental loss and from unauthorized access, use, alteration or disclosure. The safety and security of your account depends, in part, on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping your user name, password or other security information confidential. If you have reason to believe your account with TNI has been compromised, you are responsible for reporting the suspected unauthorized access or use to us. Although your session on the Website expires after thirty (30) minutes of inactivity, you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement), are owned by TNI, its licensors or other third party providers of such material and are protected by United States and international copyright, trademark, patent, or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that your web browser automatically caches for display enhancement purposes.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device provided you agree to be bound by our end user license agreement for such applications.
  • If we provide content for download, you may download a single copy to your computer or mobile device provided you agree to be bound by any copyrights or other proprietary rights on the content.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright or other proprietary rights notices from copies of materials from the Website.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and TNI reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. COPYRIGHT PROTECTION UNDER THE DMCA / REPEAT INFRINGER REMOVAL POLICY

We will respond to legitimate requests under the DMCA and we retain the right to remove user content on the TNI Website that we deem to be infringing the copyright of others. If you become aware of user content on the Website that infringes on your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to TNI.

Misrepresentations of infringement can result in liability for monetary damages. You should consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us via the contact information below:

Copyright Compliance

Lane Powell PC

1420 5th Ave Ste 4200

Seattle, WA 98101

Phone: 206.223.7000

Email: Copyrights@LanePowell.com

Please send our Copyright Agent the following information:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  • The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Your Right to File a Counter-Notice. If we remove your user content in response to a copyright or trademark notice, we will notify you at the email address you provided to TNI and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
  • A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice, we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on the Website before that period passes, we will consider restoring your user content to the site.

Removal of Repeat Infringers. TNI has a policy to close permanently the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

6. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate TNI or its employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm TNI or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner, including using any device, software or routine that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful; or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website or otherwise attempt to interfere with the proper working of the Website.

7. CONTENT STANDARDS

These content standards apply to all User Contributions and use of the Website. User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual identity, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or otherwise be likely to deceive any person; or cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, incite or annoy any other entity.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Give the impression that we or any other entity originated or endorsed User Contributions.

8. USER CONTRIBUTIONS/POSTING TO SOCIAL MEDIA.

The Website may contain links to message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features, including Facebook, Instagram or Twitter (“Linked Sites”). TNI allows users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) to the Linked Sites on or through the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Content of User Contributions. You may post and transmit your User Contributions on our Website or to the Linked Sites through our Website at your own risk. We cannot control the actions of other users of the Website or entities that maintain or use the Linked Sites. Therefore, we cannot, and do not, guarantee that your personal information or User Contributions will not be viewed, reproduced, altered or distributed by unauthorized persons when you publicly post personal information. Unrelated third parties that establish their own privacy policies control the Linked Sites. It is your responsibility to read the privacy policies of all Linked Sites routinely to understand how those unrelated third parties collect and treat your personal information and User Contributions. Please note that, even when you delete your account, the posts, comments and messages you submit through the Services may still be viewable or available on our servers.

All User Contributions must comply with the Content Standards. Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing User Contribution on the Website, you grant us and our affiliates and third party service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your User Content.

You represent and warrant that: (1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; (2) All of your User Contributions do, and will, comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TNI, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other user of the Website.

Linking to the Website and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website, “Like,” share or comment on Website content.
  • Send emails or other communications with certain content, or links to certain content, on this Website and cause limited portions of content on this Website to be displayed or appear to be displayed on your own or third party websites.
  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in immediately removing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

9. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Suspend your access to TNI, suspend or terminate your account, and/or remove any of your User Content from TNI.
  • Monitor the Website. Your use of the Website indicates you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for TNI.
  • Disclose your identity or other information about you to any third party who claims that material you posted violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TNI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TNI AND ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TNI OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and specifically do not guarantee removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or unrelated third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by unrelated third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in the materials provided by the unrelated third parties, and all articles and responses to questions and other content, other than the content provided by TNI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the TNI and TNI does not expressly or implicitly endorse any User Contributions or any content on the Website. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any unrelated third parties.

11. CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE.

All information we collect on this Website is subject to our Privacy & DMCA Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Policy.

13. GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. DISCLAIMER OF WARRANTIES

You understand that we cannot, and do not, guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any Website linked to it.

Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither TNI, nor any entity associated with TNI, including “Linked Sites”, makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. TNI hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

15. LIMITATION ON LIABILITY

In no event will TNI, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable to you for damages in an amount more than $100 of the value of the goods or services you purchase from TNI.

The limitation on the amount of damages applies to your claims for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, (“Linked Sites”) any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

TNI cannot control the actions of other users of the Website or entities that maintain or use the Linked Sites. Therefore, we cannot, and do not, warrant your Personal Data on Linked Sites. Nor does TNI warrant or guarantee that your User Contributions to Linked Sites will not be viewed, reproduced, altered or distributed by unauthorized persons when you publicly post Personal Data.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless TNI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

17. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington and County of King, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. WAIVER AND SEVERABILITY

No waiver of TNI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TNI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19. ENTIRE AGREEMENT

The Terms of Use and, our Privacy Policy constitute the sole and entire agreement between you and TNI with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

20. YOUR COMMENTS AND CONCERNS

This Website is operated by TNI. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:

Info@temperednetworks.com or to 3101 Western Ave, Ste 550, Seattle 98121, United States of America.