Last Updated: March 1, 2016
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS SITE
This web page represents a legal document and is the Terms and Conditions for www.SUB2r.com (Site), all of its subdomains and affiliated Sites. By using the Site, you agree to fully comply with and be bound by the following Agreement each time you use the Site.
“Us” or “We” or “Our” refers to SUB2r Inc. and its affiliated entities;
“Products” refers to SUB2r hardware, 3rd party hardware, firmware, software;
“Services” refers to Site, online store, SUB2r Community Forum, SUB2r Wiki;
“Visitor” is someone that browses our Site;
“Member” is someone who has registered with any of our Sites to use our Services;
“You”, “Your” or “User” is a collective identifier indicating either You, Visitor or Member;
“Content” collectively refers to all information, software, photos, figures, drawings, scripting, test video, graphics, music, sounds, images, materials and data posted on our Site;
“Member Content” refers to content posted or linked to our Site by the Site Users.
2. Acceptance of Agreement
This Agreement is between You and SUB2r Inc.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR IF YOU ARE NOT CERTAIN YOU CAN COMPLY WITH THESE TERMS, DO NOT REGISTER TO, ACCESS, OR USE THE SITE.
Entire Agreement. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between You and SUB2r Inc., and supersedes all other Agreements, representations, warranties and understandings with respect to our Site, Services, and the subject matter contained herein.
You may also be required to agree to additional terms and conditions to post and/or edit content, to post to the community forum, or to shop.
3. Legal Compliance
(a) Governing Law. The Site is controlled and operated by SUB2r Inc. in the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES, LAWS, AND REGULATIONS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN RENO, NEVADA, U.S.A. The United Nations Convention on the International Sale of Goods is expressly excluded from application to these Terms. If you access the Site from other locations you do so at your own risk and you are responsible for compliance with applicable local laws. SUB2r makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content may be illegal is prohibited. You acknowledge that SUB2r reserves the right in its sole discretion to terminate these Terms, or refuse or terminate access to the Site by You at any time.
(b) Changes to these Terms. We reserve the right to make changes to these Terms at our sole discretion. We'll post notice of modifications to these Terms on this page. You should ensure that You have read and agree with Our most recent Terms when You use the Services. It is, therefore, important for You to visit this page periodically to review the Agreement Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
(c) Severability. If any provision of the Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provision of the Terms.
4. Export Requirements
You will not use or export anything from the Site in violation of U.S. export laws and regulations.
5. Limited License
SUB2r Inc. grants You a non-exclusive, non-transferable, revocable license to access and use Our Site and Services strictly in accordance with this Agreement. Your use of Our Site and Services is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement.
6. Trademark Notice
The trademarks, logos and service marks displayed on the Site are the property of SUB2r or other third parties. You are not permitted to use trademarks in the form of words, graphics, logos and service marks found on the Site without the prior written consent of the trademark owner.
7. Our Intellectual Property
The Content on Our Site is owned and copyrighted by Us and is protected under United States and foreign copyrights. The copying, redistribution, use or publication by You of any such Content, is strictly prohibited. Your use of Our Site and Services does not grant You any ownership rights to Our Content.
8. Member Content
SUB2r has provided You the ability to post Member Content to the Site. Member Content includes all content, including metadata, associated with any content that is posted to the Site by Users of the Site. You understand that all Member Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whose account the Member Content originated. You are entirely responsible for all Member Content, if any, that is uploaded, posted, emailed, transmitted or otherwise made available via Your account. We do not control the Member Content posted by You or other Users of the Site and, as such, do not guarantee the accuracy, integrity or quality of Member Content.
By submitting information to services such as discussion boards, community forums, or to SUB2r Technical Support, You agree that faulty transmission and/or third party interception is a risk and You assume that risk by submitting information over the Internet, and agree to hold SUB2r harmless in the event that information is received by an unintended third party.
By submitting, posting or transmitting Member Content on areas of the Site that are accessible to other users or the public, you represent and warrant that You are the owner of that Member Content or have authorization to distribute it (including all consents required under applicable privacy laws) and that the use and publication of the Member Content does not violate any law. SUB2r does not prescreen Member Content for any violations of privacy or copyright laws. Furthermore, You agree to indemnify SUB2r from any responsibility or damages resulting from Your submission of copyrighted or otherwise restricted material. At its discretion, SUB2r will remove such content if informed by a third party until such time as the legal ownership is determined.
You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license (including all related intellectual property rights) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that Member Content on the Site, and to publish Your name and other personally identifiable information in connection with that Member Content. Furthermore, You understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any Member Content submitted by You. The foregoing license grant to SUB2r does not affect your ownership of or right to grant additional licenses to the material in your Member Content, unless otherwise agreed in writing.
Although SUB2r does not pre-screen the Member Content, SUB2r reserves the right to determine whether any Member Content is appropriate and in compliance with these Terms, and may pre-screen, filter, restrict, block, move, refuse, modify or remove Member Content at any time in its sole discretion, without prior notice. SUB2r does not guarantee the security or availability of any Member Content transmitted or stored using the Site, and makes no representations that it will monitor access to or use of the Site. We encourage You not to post or share sensitive personal information. We will not be liable for any Member Content.
You may choose to, or We may invite You to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, You agree that Your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place SUB2r under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to You. You also agree that SUB2r does not waive any rights to use similar or related ideas previously known to SUB2r, developed by its employees, or obtained from other sources.
9. Content Disclaimer
The opinions expressed on our Site are not necessarily the opinions of SUB2r Inc. Any content provided by Our Users are of the User’s opinion, and is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.
This Site contains documentation and information related to products and services of SUB2r and/or any other Content. There may be information on this Site that is outdated, contains typographical errors, inaccuracies or omissions. SUB2r assumes no obligation to correct any errors contained on the Site, including the Content and any services made available via the Site. SUB2r makes no commitment to update the Content. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice. You agree that Your access, use, or reliance on this Site (including any Content) is solely at Your own risk.
10. Links to Other Sites
This Site may contain links to other web sites operated by third parties. You acknowledge that SUB2r neither endorses nor is affiliated with the linked sites and is not responsible for any content that appears on the linked sites.
Nothing contained in the Terms shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. Certain products, processes, software, and other technology available for purchase on this Site will be subject to the Terms of Sale and any additional terms that are referenced in or accompany the product, process, software, or technology.
11. Membership Eligibility and Registration
To use Our Community Forum or to update Our Wiki, You must register as a Member. This is intended solely for Users who are at least (18) years of age or older.
To use some of the Services, You must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) Your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., You are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under Your Account. You agree to maintain the confidentiality of Your password and are fully responsible for all liability and damages resulting from Your failure to maintain that confidentiality and all activities that occur through the use of Your password. You agree to immediately notify SUB2r of any unauthorized use, or suspected unauthorized use, of Your Account or any other breach of security. SUB2r is not liable for any loss or damage arising from Your failure to comply with the above requirements.
12. Errors, Corrections and Changes
We do not represent or otherwise warrant that our Site will be error-free, free from viruses or other harmful components, or that We will correct any errors. We do not represent or otherwise warrant that the information available on or through Our Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of Our Site or Services at any time. We reserve the right in Our sole discretion to edit or remove any documents, information or other content appearing on Our Site or Services.
13. WARRANTY DISCLAIMERS
(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE END USER LICENSE AGREEMENT, RESPECTIVELY.
(b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND SUB2r AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) EXCEPT AS STATED IN THE LIMITED WARRANTY, SUB2r AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUB2r OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(d) SUB2r DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY. SUB2r WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
(e) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY SUB2r YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
(f) SUB2r MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND SUB2r WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. SUB2r MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
(g) SUB2r DOES NOT GUARANTEE OR WARRANT THAT ITS PRODUCTS ARE COMPATIBLE WITH ANY PRODUCT NOT MANUFACTURED BY SUB2r. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THIRD PARTY PRODUCTS AS A RESULT OF YOUR USE OF SUB2r PRODUCTS.
14. Limitation of Liability
Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SUB2r BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF SUB2r KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SUB2r’s TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SUB2r FOR THE SERVICES OR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SUB2r DISCLAIMS ALL LIABILITY OF ANY KIND OF SUB2r’s LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL SUB2r BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
You agree to indemnify and hold SUB2r, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SUB2r by any third party due to or arising out of or in connection with your use of the Site.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without SUB2r’s prior written consent. These Terms may be assigned by SUB2r without restriction. These Terms are binding upon any permitted assignee.
17. Digital Millennium Copyright Act Compliance
We will respond to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our Site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) 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 authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us. The extent of our responsibility shall be limited solely to the removal of said copyrighted material from the site.
SUB2r may provide notifications to you as required by law or for marketing or other purposes via posting of such notice on www.SUB2r.com. SUB2r is not responsible for any automatic filtering you or your network provider may apply to email notifications. SUB2r recommends that you whitelist @SUB2r.com domain to help ensure you receive email notifications from SUB2r.
19. FORCE MAJEURE
SUB2r shall not be liable for any loss, damage or penalty resulting from a failure to fulfill or delay in fulfilling an obligation when such failure or delay results directly or indirectly from causes beyond its reasonable control, including but not limited to acts of God, war, civil or labor unrest, fire, explosion, terrorism or threats thereof, natural disaster, pandemics, epidemics or plagues, materials shortages, or supply disruptions or delays.
The obligations in Sections 3, 6, 7, 8, 13, 14, 16 and 20 will survive any expiration or termination of these Terms.
Copyright © 2015-2017, SUB2r® Inc. All rights reserved.