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IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS, AS DESCRIBED IN SECTION 12. Please also read the limitations and disclaimers in Sections 9 and 10 regarding your use of the Vinli device and services.
Last Updated: August 18, 2017
1. Your Acknowledgment and Acceptance of This Agreement
These Terms may be changed, modified, supplemented, or updated by Vinli from time to time without advance notice via: (i) a prompt from an App that will allow you to read the new or modified Terms, and require you to accept the new or modified terms prior to being able to access the App, (ii) by electronic mail, or (iii) by posting a notice on the Vinli website, which is located at www.vin.li. You will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Device or Services after such changes are posted or otherwise identified to you. Unless otherwise indicated, any new content, products, services or functionality added to the Device or Services will also be subject to these Terms effective upon the date of their addition. You are encouraged to review these Terms periodically for updates and changes.
If you have any questions about these Terms, please email us at firstname.lastname@example.org or write to us at Vinli, 2203 Commerce St., Dallas, Texas 75201 USA, Attention: Legal.
2. Description of the Device and Services
The “Device” means the Vinli branded OBD-II data device which provides the Services. The “Services” include: (a) Vinli’s mobile applications (the “Vinli Apps”), including their associated media, online, electronic and printed documentation, and updates and upgrades that replace or supplement the Vinli Apps (that are not distributed under different terms); (b) third party applications provided via the Vinli app store, (c) any software embedded in the Device; (d) the Network Service, as defined in the Section entitled “Network Service”; and (e) all other services, information, data, reports, images, text, sounds, video and other content made available through (a) and (d).
IN ORDER FOR YOU TO USE THE SERVICES (INCLUDING EMERGENCY CONTACT SERVICES AND CRASH NOTIFICATION), (I) THE DEVICE MUST BE PROPERLY INSTALLED IN A COMPATIBLE VEHICLE, (II) THE MOBILE DEVICE ON WHICH THE SERVICES ARE INSTALLED MUST BE INSIDE OF YOUR VEHICLE, AND (III) YOUR MOBILE DEVICE MUST BE CONNECTED TO PROPER NETWORK AND DATA SERVICE.
Vinli may modify the Services, including by adding new features or discontinuing all or a portion of the Services, at any time without notice to you.
3. License and Restrictions
3.1 Grant of License. Upon installation of the Device, downloading an App or otherwise using the Services and subject to your payment of all applicable fees, Vinli grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install and use the Device in a vehicle that is owned or controlled by you, and (b) install and use the Services on any mobile device that you own or control and on which the Services are permitted to operate (as determined by Vinli), with both (a) and (b) solely as permitted by applicable law and these Terms (the “License”).
3.2 Restrictions on the License. Note that the Services, including the Vinli Apps, are licensed – and not sold – to you according to the terms of the License for use under these Terms.
Any attempt to do any of the actions in listed above is a violation of the rights of Vinli and its licensors. If you breach the License, you may be subject to civil and criminal liability. The terms of the License will govern any upgrades provided by Vinli that replace or supplement the original Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You shall promptly notify Vinli if you learn of a security breach related to the Device or Services.
3.3 Reservation of Vinli’s Rights. You acknowledge that you will not use Device or Services for any other purpose than permitted under these Terms. You also acknowledge that Vinli and its licensors retain all ownership and intellectual property rights in and to the Device and Services.
3.4 Termination. The License is effective until terminated by you or Vinli. Your rights under the License will terminate immediately without notice from Vinli if you fail to comply with the Terms or upon termination of these Terms by Vinli or you. Upon termination of the License, you shall cease all use of the Services and Device, and permanently delete all copies of the Services, including the Vinli Apps. Any termination will not limit any of Vinli’s other rights or remedies at law or in equity. The provisions of Sections (including subsections): 3.4, 4, 5, and 7-13 shall survive termination or expiration of these Terms for any reason.
4. Consent to Use of Data
4.1 Collection of Data. You agree that, through your use of the Device or Services, Vinli may collect and use data and information from the Device, Services, your mobile devices, and your vehicle. That information can include but is not limited to technical information about your vehicle and mobile devices, location/GPS information about your vehicle and mobile devices, mobile device and vehicle usage, website usage, search usage, use of other applications, music and email usage, network carrier, and other related services associated to the business of Vinli in connection with your use of the Device or Services. Vinli will also collect personal information from you during the registration process when you sign up for your Vinli account, including but not limited to, your name, payment information, and information about your vehicle. The Device and the Services communicate via the internet with Vinli and third party servers; as such, standard data transmission rates may apply. Vinli may make routine software updates without informing you to keep the Services and Device working properly.
4.3 Location-Based Services. For you to fully utilize many of the Services, you must agree to share location-based information from your mobile device. The Vinli Apps and certain third party apps collect location information in processes executing in the background of your device to support the functionalities and features of the Services. Please note that continued use of GPS or location services running in the background of your mobile device can dramatically decrease the battery life of your mobile device. Upon first use, the Services may ask for your permission to collect user information and location information; upon acceptance, you can start using the Services. Certain mobile operating systems have options to restrict the collection of certain location and usage information. In the event that you have those options enabled, you will restrict certain functionality of the Services, and would not obtain or benefit from all of the Services.
4.4 Security Not Guaranteed. Vinli uses reasonable security measures to protect the Device and secure the data we receive via the Services and Device. However, Vinli cannot guarantee that third parties will never defeat our security measures. You acknowledge that your data might be subject to unauthorized access and, as such, you are using the Services and Device at your risk.
5. Network Service
5.1 Carrier; Network Service. Vinli makes wireless connectivity and certain data services available to you through different third party carriers depending on your jurisdiction and the carrier You choose during the Device registration process on Vinli’s website (each, a “Carrier”). The “Network Service” means the use of the Carrier’s wireless network or other successor technologies or wireless systems, or any combination thereof, and other equipment utilized by the Carrier to provide the Network Service, as the Carrier may amend at any time without prior notice. The exact definition of Network Service may vary depending on the applicable mandatory terms, as described in Section 5.2 below.
5.2 Mandatory Terms. Each Carrier has certain mandatory terms that apply to your use of the Device and Services, including the Network Service, which are described in Attachment A (Network Service Terms). For example, if you elect to purchase a data plan for your Device from Carrier “X,” the mandatory terms applicable to Carrier “X” in Attachment A will apply to your use of the Device and Services. Attachment A is attached to, and hereby incorporated by reference into, these Terms.
To the extent the Services, Device, or any portion thereof is made available to you for a fee, you will be required to select a subscription or other payment plan and provide Vinli with your credit card information or other payment method. You agree to pay all such fees promptly when due, and Vinli will bill you for recurring charges in advance of service. You represent and warrant that the payment information you provide is correct and complete, and that you will update it regularly so as to maintain its accuracy. If we are unable to obtain payment from you using the payment method and information that you have provided, you acknowledge that we may suspend or terminate your account and seek payment from you of any overdue amounts by a means acceptable to us. We may charge you a reactivation fee if you wish to reinstate your account and access to the Services, in addition to any past due amounts.
7. Your Conduct and Content
7.1 Your Content. You are solely responsible for all data (including, but not limited to, personal and location data), feedback, suggestions, information, text, images, content, videos, and other materials that you upload, post, deliver, transmit or otherwise provide or store (collectively, “upload(ing)”) in connection with or relating to the Device or Services (“Your Content”). Vinli has the right, but not the obligation, to monitor and remove – in Vinli’s sole discretion – any content, including Your Content, uploaded on or through the Services.
7.3 Your Account. You are responsible for maintaining the privacy of your Vinli account information, including but not limited to your password and login credentials. You are responsible for all activities that occur under your account –even if your account information was obtained or used by a third party without your permission.
7.5 Your Service. Vinli reserves the right to deactivate your Device and discontinue your access to and use of the Services without notice if you have not used the Device or the Services in the past twelve (12) months.
7.6 Security. You may not use the Device, Services or your Vinli account to breach or attempt to breach the security of any network, server, equipment (including but not limited to a vehicle), or server. You shall not violate or interfere with anyone else’s use and enjoyment of the Services or other similar services. Users who violate systems or network security may face civil and criminal liability.
8. DRIVING SAFETY AND LIABILITY DISCLAIMERS
**The Device and Services are operable even while your vehicle is in motion. It is very important that you and others ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS, INCLUDING BUT NOT LIMITED TO LAWS REGARDING OPERATION OF MOBILE DEVICES WHILE DRIVING. The information provided by the Device and Services is not intended to replace the information provided to you on the road (for example, traffic signs, lane closures, police instructions) or through operation of your vehicle. ALWAYS DRIVE SAFELY AND DO NOT RELY ON THE DEVICE OR SERVICES TO PROVIDE ACCURATE INFORMATION REGARDING DIRECTIONS, ROAD CONDITIONS OR DRIVING HAZARDS. YOU ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCE, WILL VINLI BE RESPONSIBLE FOR ANY ACCIDENT, DAMAGE, LIABILITY, BODILY INJURY OR DEATH THAT MIGHT OCCUR TO YOU, YOUR PROPERTY, THIRD PARTIES OR THEIR PROPERTY, EVEN IF THE DEVICE OR SERVICES MAY HAVE OR DID CONTRIBUTE TO THE CAUSE OF THE ACCIDENT, DAMAGE, LIABILITY, BODILY INJURY OR DEATH.**
9. Limited Warranty
This limited warranty extends only to Devices purchased from Vinli or a Vinli-authorized reseller. This limited warranty does not apply to: (1) damage that is merely cosmetic, such as nicks, scratches, or inconsistencies in color and texture, (2) damage caused by unusual physical or electrical stress, negligence, accident, abuse, misuse, water damage, flood, fire, defects in your vehicle, or other natural disasters or external causes, (3) damaged caused by service or repair by someone who is not authorized by Vinli to repair or service Devices, (4) damage caused by unauthorized alteration or modification the Device, (5) Devices that have not been installed, operated or maintained in accordance with the documentation and instructions supplied by Vinli and these Terms, (6) Devices provided for beta-testing, evaluation, demonstration or development purposes and for which Vinli did not charge a fee, (7) Devices used or obtained in violation of applicable law.
9.2 Submitting a Warranty Claim. To submit a Device warranty claim, contact email@example.com or write to us at Vinli, 2203 Commerce St., Dallas, Texas 75201 USA, Attention: Customer Service, and we will provide further instructions on how to submit your warranty claim. You will be responsible for following any instructions provided. Defective Devices covered by the limited warranty described above will be repaired or replaced and returned to you without charge, or, at Vinli’s discretion, the Vinli will refund to you the amount you paid for the Device, less any rebates and discounts. However, Vinli will not ship replacement Devices to any country or territory in which the original Device was not purchased. Vinli will notify you if any repairs or replacements are not covered by the limited warranty, and you may choose to have Vinli repair or replace the Device at Vinli’s then-current service rates, or return your Device to you at your cost.
9.3 WARRANTY DISCLAIMER. EXCEPT FOR THE DEVICE LIMITED WARRANTY PROVIDED ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DEVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VINLI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVICE AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VINLI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVICE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEVICE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VINLI OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
Through your use of the Device and Services, you may be able to undertake transactions with third parties, including but not limited to insurance agents, mechanics, emergency service providers, and other vendors. You understand and acknowledge that all transactions relating to any services or products offered by a third party are solely between you and the third party vendor. VINLI MAKES NO WARRANTY REGARDING TRANSACTIONS ENTERED INTO BETWEEN YOU AND A THIRD PARTY IN CONNECTION WITH THE DEVICE OR SERVICES, AND YOU UNDERSTAND AND AGREE THAT ALL SUCH THIRD PARTY TRANSACTIONS ARE ENTIRELY AT YOUR OWN RISK. Any warranty regarding any products or services made available to you from a third party is provided – if at all – by that third party and not by Vinli.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE DEVICE AND SERVICES MAY NOT BE ABLE TO DETECT EVERY CRASH OR SUCCESSFULLY NOTIFY EMERGENCY RESPONSE SERVICES OF A CRASH. VINLI IS NOT LIABLE FOR (A) YOUR ACTION OR INACTION USING THE DEVICE OR SERVICES, (B) YOUR OPERATION OF, OR FAILURE TO PROPERLY OPERATE, YOUR VEHICLE, (C) THE ACTION OR INACTION OF ANY EMERGENCY SERVICE PROVIDERS OR OTHER THIRD PARTIES THAT THE SERVICES ARE INTENDED TO NOTIFY IN THE EVENT OF AN EMERGENCY, OR (D) THE INABILITY OF THE DEVICE OR SERVICES TO NOTIFY EMERGENCY SERVICE PROVIDERS OR OTHER THIRD PARTIES. VINLI DOES NOT WARRANT THAT YOUR USE OF THE DEVICE AND SERVICES WILL RESULT IN ANY SAVINGS OR EFFICIENCIES IN THE OPERATION OF YOUR VEHICLE OR THAT THE DETECTION OF MECHANICAL OR TECHNICAL ERRORS IN YOUR VEHICLE WILL BE ACCURATE OR ERROR-FREE. THE DEVICE AND SERVICES ARE NOT INTENDED TO REPLACE THE ADVICE, GUIDANCE OR DIAGNOSIS OF LICENSED MECHANICS OR PROPER VEHICLE MAINTENANCE. YOU ARE SOLELY RESPONSIBLE FOR THE OPERATION OF YOUR VEHICLE – INCLUDING WHILE USING THE DEVICE AND SERVICES.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10. Limitation of Liability
10.1 Limitation of Damage Types. EXCEPT AS PROVIDED IN ATTACHMENT A (NETWORK SERVICE TERMS) AND TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VINLI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGE TO VEHICLES AND OTHER PERSONAL PROPERTY), ACTION OR INACTION OF EMERGENCY SERVICE PROVIDERS OR OTHER THIRD PARTY SERVICE PROVIDERS, YOUR USE OF OR INABILITY TO USE THIRD PARTY SERVICES, VIOLATION OF YOUR VEHICLE’S WARRANTY, UNAUTHORIZED ACCESS TO YOUR VINLI ACCOUNT OR TO YOUR DEVICE OR THE SERVICES, LOSS OF PROFITS OR INCOME, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE DEVICE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VINLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
10.2 Limitation of Liability. EXCEPT AS PROVIDED IN ATTACHMENT A** (NETWORK SERVICE TERMS), In no event shall VINLI’S total liability to you FOR DIRECT DAMAGES AND for all OTHER damages ARISING OUT OF OR RELATED TO THE DEVICE OR THE SERVICES exceed THE FEES PAID BY YOU TO VINLI IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR IF NO FEES WERE PAID, ONE HUNDRED U.S. DOLLARS ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. Dispute Resolution by Binding Arbitration; Choice of Law.
PLEASE READ THIS SECTION CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
12.1 Customer Service and FAQs. At Vinli, we expect that our customer service team will be able to quickly and satisfactorily resolve most concerns you may have regarding Vinli, the Device or the Services by contacting Vinli customer service at firstname.lastname@example.org or by reviewing the FAQ page on our website at https://vinli.zendesk.com/hc/en-us. In the unlikely event that an issue, concern or claim (including legal claims) remains unresolved, you and Vinli each agree to discuss any issue informally for at least 30 days. You can do that by sending your full name and contact information, your concern and your requested solution to Vinli at Vinli, 2203 Commerce St., Dallas, Texas 75201 USA, Attention: Legal Department. If we would like to discuss an issue with you, we will email you at the email address you used when you registered for your Vinli account.
12.2 Agreement to Arbitrate. If we do not reach an agreed solution after the 30-day discussion period, you and Vinli each agree that any issue, concern or claim (including legal claims) that either of us may have arising out of or relating to these Terms (including formation, performance, or breach of them), our relationship with each other, or use of the Device or Services, must be resolved through final binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available here (the “AAA Rules”) or available by calling the American Arbitration Association at 1-800-778-7879. As an exception to this agreement to arbitrate, Vinli is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction, so long as you proceed solely on an individual basis. A party who intends to seek arbitration must first send to the other party, by certified or registered mail, a written notice of dispute. You may download or copy a form notice of dispute and a form to initiate arbitration from www.adr.org. Unless you and Vinli agree otherwise, the arbitration hearings will take place in a reasonably convenient location for both parties as determined by the arbitrator in accordance with the AAA Rules, and the hearings may be conducted in-person, by videoconference, phone or by the exchange of documents. The arbitrator’s decision will be binding and may be enforced and entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Vinli, we think it’s fair that Vinli reimburse you for your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. However, if the arbitrator rules in Vinli’s favor, Vinli will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration.
12.3 Time Limitation; No Class Actions. To help resolve any issues between us promptly and directly, you and Vinli agree to begin any arbitration under these Terms within one year after the claim first arose; otherwise, the claim is waived. You and Vinli also agree to arbitrate in each of our individual capacities only – not as a representative or member of a class – and each of us expressly waives any right to file a class action or seek relief on a class action basis. Furthermore, unless you and Vinli agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative of class proceeding.
12.4 Confidentiality. All arbitration proceedings are confidential, unless both you and Vinli agree otherwise. Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.
13.1 International Use. Vinli’s goal is to bring you the Device and Services to many different countries; however, you may only use the Device and Services in jurisdictions where use has been specifically authorized by Vinli.
13.2 U.S. Government License Rights. Devices and Services provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 are provided with the commercial license rights and restrictions described in these Terms. All Devices and Services provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 are provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
13.3 Export Restrictions. You acknowledge that the Device and Services are subject to U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the Device and Services, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
13.4 Complete Agreement. The Terms, and any additional referenced terms therein (including Attachment A (Network Service Terms), constitute the complete, final and exclusive understanding between you and Vinli relating to the subject matter of these Terms, and governs your use of the Devices and Services. These Terms supersede all prior or contemporaneous understandings, agreements and communications between you and Vinli with respect to the subject matter of these Terms. Vinli reserves the right to modify these Terms at any time without prior notice in accordance with Section 1 of these Terms.
13.5 Third Party Terms. You may be subject to additional terms and conditions that may apply when you obtains or uses third-party content, third-party software or goods and services provided by or through clients, sponsors, partners, licensors or other third-party partners of Vinli.
13.6 Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
13.7 Waiver. Vinli’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vinli in writing. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
13.8 Governing Law The Terms shall be governed by and construed according to the laws of the State of Texas, without giving effect to principles of conflicts of law and as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding the actual residence of the parties. You and Vinli expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent that the arbitration provisions outlined in Section 12 are not applicable (for example, when confirming an arbitration award), you and Vinli agree to submit to the exclusive jurisdiction of the courts located in Dallas County in the State of Texas, USA.
13.9 Assignment. Vinli may assign its rights and delegate its duties under these Terms to any party at any time without notice to you. You may not assign or delegate your rights or obligations without Vinli’s prior written consent, which may be withheld and conditioned at Vinli’s sole discretion.
13.10 Interpretation; Headings. All headings in these Terms are for convenience only and have no legal effect. These Terms may be provided in other languages for your convenience; however, the English version of these Terms is controlling between you and Vinli in all respects. The word “including” as used in these Terms is understood between you and Vinli to mean “including, but not limited to.”
13.11 Electronic Communications; Notices. You hereby agree to the use of electronic communications in order to enter into these Terms, to create other records and to the electronic delivery of notices, policies and records of transactions between you and Vinli with respect to the Devices, Services, and these Terms. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. In addition, Vinli may deliver notices to you by prepaid certified mail, return receipt requested at the address in Vinli’s database; any notice that complies with this Section shall be deemed effectively given upon delivery. You must give notice to Vinli by certified or registered mail, return receipt requested at the following address: 2203 Commerce St., Dallas, Texas 75201 USA, Attention: Legal Department.
1.1 1.1 Applicability. The following terms apply to you and your use of the Device, and Services, including the Network Service, if and when T-Mobile USA, Inc. (“T-Mobile”) is the Carrier providing network connectivity for your Device. For purposes of this Section 1 of Attachment A (Network Service Terms), “Network Service” means the Network Service (as defined in Section 5.1 of the Terms) as provided by T-Mobile.
1.2 No Relationship with T-Mobile. Vinli makes wireless connectivity and certain data services available to you through T-Mobile. You have no contractual relationship with T-Mobile and you are not a third-party beneficiary of any agreement between Vinli and T-Mobile. You understand and agree that T-Mobile or Vinli and agents or other entities authorized by Vinli and T-Mobile to resell or distribute the Network Services to users like you (“Vinli Agents”) shall have no legal, equitable or other liability of any kind to you.
1.3 Number. “Number” means a ten (10) digit telephone number assigned to you to provide access to the Network Service or such other means of identification for you. Subject to FCC Number portability rules, you have no property or other rights in any Number assigned to you, and you understand that any such Number can be changed from time to time.
1.4 Limitations to Network Service. You acknowledge that the Network Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission network. You agree that T-Mobile or Vinli and Vinli Agents shall not be responsible for such interruptions of the Network Service or the inability to use the Network Service within or outside the United States where T-Mobile provides data service over its own network. You understand that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Network Service.
1.5 No Liability for Incompatible Mobile Devices. In no event shall Vinli, a Vinli Agent, and/or T-Mobile be liable for the failure or incompatibility of equipment or mobile devices that you use in connection with the Network Service. You shall use the Device as well as other equipment and mobile devices at your own risk.
1.6 LIMITATION OF LIABILITY FOR NETWORK SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LIABILITY AND OBLIGATIONS OF VINLI OR A VINLI AGENT TO YOU UNDER THE TERMS MAY BE STRICTLY CONTROLLED AND LIMITED BY T-MOBILE’S TARIFF, IF ANY, AND THE LAWS, RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION AND OTHER UNITED STATES OR FOREIGN GOVERNMENTAL AUTHORITIES WHICH FROM TIME TO TIME HAVE JURISDICTION. IN ANY EVENT, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF T-MOBILE, VINLI, A VINLI AGENT, AND/OR ANY SUPPLIER OF SERVICES TO VINLI ARISING IN ANY WAY IN CONNECTION WITH THE TERMS, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF THE NETWORK SERVICE PROVIDED, SHALL BE LIMITED TO PAYMENT BY VINLI OR A VINLI AGENT OF DAMAGES IN AN AMOUNT EQUAL TO THE AMOUNT CHARGED TO YOU FOR THE NETWORK SERVICE PROVIDED UNDER THE TERMS. IN NO EVENT SHALL VINLI, A VINLI AGENT, AND/OR T-MOBILE BE LIABLE FOR ANY COST, DELAY, FAILURE OR DISRUPTION OF THE NETWORK SERVICE, LOST PROFITS, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
1.7 Indemnification – Network Service. You shall indemnify, defend and hold Vinli, Vinli Agents, T-Mobile and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the Terms; the provision or use of the Network Service; or the use, failure to use or inability to use the Number.
1.8 Acknowledgment of Assignability. You acknowledge that the Terms are assignable by Vinli and a Vinli Agent.
1.9 Suspension and Termination of Network Service. The Network Service may be temporarily suspended or permanently terminated without notice in the event that Vinli’s agreement with T-Mobile is terminated or in the event you violate T-Mobile’s acceptable use policy or other Network Service or network rules and policies. You waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.