Terms of service
Terms of Account
Last Updated: 17 Baronial 2018
Brilliant Home Technology, Inc. and its subsidiaries (collectively, “Brilliant”) provides: (1) a Ablaze user annual website that may be accessed at www.qlp2.com ( “Site”), (2) casework attainable through the Armpit (“Web Apps”), and (3) software that may be downloaded to your computer, smartphone or book to admission casework (“Mobile Apps”), all for use in affiliation with Ablaze accouterments articles (“Products”) and in added agency that Ablaze provides. Some Ablaze Articles and Casework can be acclimated calm or in agency that accommodate with articles and casework from third parties. The appellation “Services” agency the Site, Web Apps, Adaptable Apps, and Cable Services.
These Agreement of Annual (“Terms” or “Agreement”) administer your admission to and use of the Casework and Products. Amuse apprehend these agreement carefully. THEY CRAVE THE USE OF BOUNDEN BOUNDEN ADJUDICATION TO BOLDNESS DISPUTES RATHER THAN BOARD TRIALS OR CHIC ACTIONS. AMUSE CHASE THE INSTRUCTIONS IN THE ALTERCATION RESOLUTION AND ADJUDICATION AREA BENEATH IF YOU AMBITION TO OPT OUT OF THIS PROVISION. The appellation “you,” as acclimated in these Terms, agency any being or article who accesses or uses the Casework or Articles and any being or article who creates an Annual (as authentic in Area 2(a)) and accepts these Terms, including Owners, Accustomed Users (as authentic in Area 2(b)), and the parents or guardians of Accustomed Users, as applicative (as declared in Area 1(b)(ii)). These Agreement accord you specific acknowledged rights, and you may additionally accept added acknowledged rights in addition, which alter from administration to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, BOUNDEN AND BOUNDEN ARBITRATION, LIMITATIONS OF LIABILITY, INDEMNIFICATION, ABANDONMENT OF BOARD TRIAL, ABANDONMENT OF CHIC ACTIVITY AND ABANDONMENT OF CASTIGATING AMERCEMENT BENEATH THESE AGREEMENT WILL NOT ADMINISTER TO THE ADMEASUREMENT BANNED BY APPLICATIVE LAW. Some jurisdictions do not acquiesce the exclusion of adumbrated warranties or the exclusion or limitation of accidental or consequential amercement or added rights, so those accoutrement of these Agreement may not administer to you.
THESE ACCEDING ARE A ACKNOWLEDGED AGREEMENT. BY ACCEPTING THESE ACCEDING THROUGH A SITE, WEB APP OR ADAPTABLE APP, OR BY ACCESSING AND APPLICATION THE CASEWORK (INCLUDING THE SITES) OR PRODUCTS, YOU ARE ACCEPTING AND ACCORDANT TO THESE ACCEDING ON ANNUAL OF YOURSELF OR THE ARTICLE YOU REPRESENT IN AFFILIATION WITH THE ADMISSION AND USE. YOU REPRESENT AND ACCREDITATION THAT YOU ACQUIRE THE RIGHT, AUTHORITY, AND ACCOMMODATION (SUBJECT TO AREA 1(b)(ii) BELOW) TO ACQUIRE AND ACCEDE TO THESE ACCEDING ON ANNUAL OF YOURSELF OR THE ARTICLE YOU REPRESENT. YOU REPRESENT THAT YOU ARE, ACCOUNTABLE TO AREA 1(b)(ii) BELOW, OF ACCEPTABLE ACKNOWLEDGED AGE IN YOUR ADMINISTRATION OR ABODE TO USE OR ADMISSION THE CASEWORK AND ARTICLES AND TO ACCESS INTO THIS AGREEMENT. IF YOU DO NOT ACCEDE WITH ANY OF THE ACCOUTREMENT OF THESE TERMS, YOU SHOULD ABSTRACT YOUR ARTICLES FROM YOUR ANNUAL (AS DECLARED BELOW) AND CEASE ACCESSING OR APPLICATION THE CASEWORK AND PRODUCTS.
AS DECLARED BELOW, YOU ARE ACKNOWLEDGING TO AUTOMATED SOFTWARE AMEND OF THE CASEWORK AND OF THE ARTICLES AFFILIATED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE CASEWORK AND PRODUCTS.
AS DECLARED BELOW, SECTIONS 4 AND 5 CALL IMPORTANT LIMITATIONS OF THE CASEWORK AND PRODUCTS, ABNORMALLY IN AFFILIATION WITH ACTIVITY ASSURANCE AND ANALYTICAL USES. AMUSE APPREHEND THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Overview, Eligibility, Chump Service, Appellation and Abortion
(a) Overview and Affiliation to Added Agreements. These Acceding administer your use of the Casework and Products. Your acquirement of any Artefact is absolute by the bound assurance provided with that Artefact (“Limited Warranty”) and may added be absolute by the Acceding & Altitude of Sale. The software anchored in the Artefact (and any updates thereto) (“Product Software”) is accountant and absolute by the End User Licensing Agreement. Assertive appearance of the Casework may be accountable to added guidelines, terms, or rules, which will be acquaint on the Casework in affiliation with such features. All added guidelines, terms, or rules, and the Website Aloofness Action ("Website Aloofness Policy"), and the Aloofness Account (“Privacy Statement”), are congenital by advertence into these Acceding and you are accordant to acquire and accept by them by application the Casework and Products.
(i) You may use the Casework and Articles alone if you acquire the acknowledged accommodation to anatomy a bounden arrangement with Ablaze (except accountable to the accoutrement of article (1)(b)(ii) below), you acquire these Agreement through a Site, Web App or Adaptable App, or by accessing or application the Casework or Products, and alone if you are in acquiescence with these Agreement and all applicative local, state/provincial, national, and all-embracing laws, rules, and regulations. Alone individuals age 18 and earlier are acceptable to act as Owners (as authentic below) of Ablaze Accounts.
(ii) If you are an Accustomed User (as authentic below), you represent and accreditation that you are over the age of 13 (or agnate minimum age in the administration area you reside), and in the accident you are amid the age of 13 (or agnate minimum age in the administration area you reside) and the age of majority in the administration area you reside, that you will alone use the Casework and Articles beneath the administration of a ancestor or acknowledged guardian who agrees to be apprenticed by these Terms. Any use or admission to the Casework and Articles by individuals beneath the age of 13 (or agnate minimum age in the administration area you reside) is carefully banned and is a abuse of these Terms. The Casework and Articles are not accessible to any users ahead banned from application the Casework and Articles by Brilliant.
(c) Chump Service. If you accept any questions or apropos apropos the Products, the Services, or these Terms, amuse acquaintance Brilliant. You accept and accede that chump account and any chump affliction and abutment offered and provided by Ablaze is not a 911 account or celerity center, an emergency account provider or celerity service, or a lifesaving band-aid for bodies at accident in their home or otherwise. AMUSE DO NOT ACQUAINTANCE CHUMP ACCOUNT OR ANY CHUMP AFFLICTION AND ABUTMENT OFFERED BY ABLAZE WITH ANY LIFE/SAFETY EMERGENCY, MEDICAL EMERGENCY, OR ANY ADDED EMERGENCY. IF YOU ACCEPT ANY SUCH EMERGENCY, YOU SHOULD ANON ACQUAINTANCE THE POLICE, BLAZE DEPARTMENT, 911 OR ADAPTED EMERGENCY ACKNOWLEDGMENT SERVICE.
(d) Appellation and Termination. These Agreement will abide in abounding force and aftereffect so continued as you abide to admission or use the Casework or Products, or until concluded in accordance with the accoutrement of these Terms. At any time, Ablaze may (i) append or abolish your rights to admission or use the Services, or (ii) abolish these Agreement with account to you if Ablaze in acceptable acceptance believes that you acquire acclimated the Casework or Articles in abuse of these Terms, including any congenital guidelines, agreement or rules. If you alteration a Artefact to a new owner, your appropriate to use the Casework with account to that Artefact automatically terminates, and the new buyer will acquire no appropriate to use the Artefact or Casework beneath your Annual (as declared below) and will charge to annals for a abstracted Annual with Ablaze and acquire these Terms.
(e) Aftereffect of Termination. Aloft abortion of these Terms, your Annual and your appropriate to use the Casework will automatically terminate.
(a) Your Account. To use the Casework and assertive Products, you charge annals for a user annual (“Account”) and accommodate assertive advice about yourself as prompted by the applicative allotment form. You represent and accreditation that: (a) all appropriate allotment advice you abide is accurate and accurate; (b) you will advance the accurateness of such information; and (c) your use of the Casework and Articles will not aperture any U.S. or added applicative law or adjustment (e.g., you are not amid in an embargoed country or are not listed as a banned or belted affair beneath applicative consign ascendancy laws and regulations). You are absolutely amenable for advancement the acquaintance of your Annual login advice and for all activities that action beneath your Account. You accede to use “strong” passwords (passwords that use a aggregate of high and lower-case letters, numbers and symbols) with your Account, and to advance your countersign deeply to anticipate others from accepting admission after your permission. You accede to anon acquaint Ablaze of any crooked use, or doubtable crooked use, of your Annual or any added aperture of security. Ablaze is not accountable for any accident or accident arising from your abortion to accede with the aloft requirements.
(b) The alone who creates an Annual is the “Owner” of that Annual and is the Buyer of the Articles associated with that Account. Individuals who are accustomed to admission an Owner’s Articles and Casework are “Authorized Users.” Accustomed Users may accept the adeptness to use the Casework and adviser and ascendancy the Articles (for example, an Accustomed User can change the agenda or about-face the Artefact on or off). Accustomed Users additionally may accept the adeptness to appearance advice (including claimed information) and agreeable beyond all of an Owner’s Articles and Services. Accustomed Users are amenable for their own accomplishments in affiliation with the Articles and Services, but Buyer additionally hereby agrees to be absolutely amenable for all accomplishments taken by Accustomed Users apropos to the Owner’s Products, Casework and Account. If you are an Buyer who invites or enables an Accustomed User, you accede and accede that such Accustomed User may after allure or accredit added Accustomed Users with the aforementioned admission and adeptness to use your Articles and Casework set out above. As a result, if you are an Owner, you should accredit alone those individuals that you assurance to admission your Account, Products, and Services.
Access to Casework
(a) Admission and Use. Accountable to these Terms, Ablaze grants you a non-transferable, non-exclusive, appropriate (without the appropriate to sublicense) to admission and use the Casework by (i) application the Web Apps in affiliation with, and alone for the purpose of, authoritative and ecology the Articles you own or are accustomed to ascendancy and adviser or contrarily accessing a account absolutely provided by Ablaze for your use (the “Permitted Purpose”), and (ii) installing and application the Adaptable Apps alone on your own handheld adaptable accessory and alone for the Acceptable Purpose.
(b) Automated Software Updates. Ablaze may from time to time advance patches, bug fixes, updates, upgrades and added modifications to advance the achievement of the Casework and/or the Artefact Software (“Updates”). These may be automatically installed after accouterment any added apprehension or accepting any added consent. You accord to this automated update. If you do not appetite such Updates, your antidote is to abolish your Annual and stop application the Casework and the Products. If you do not abolish a ahead created Account, you will accept Updates automatically. You accede that you may be appropriate to install Updates to use the Casework and the Articles and you accede to promptly install any Updates Ablaze provides. Your connected use of the Casework and the Articles is your acceding – (i) to these Acceding with account to the Casework and Products, (ii) to the End User Authorization Acceding with account to adapted Artefact Software; and (iii) any change or updates that Ablaze may accomplish to these Acceding or the End User Authorization Acceding over time.
(c) Brilliant-provided interface to Third-Party Articles and Services. Over time, Ablaze may accommodate the befalling for you to interface the Articles and Casework to one or added third-party articles and services, through and application the Casework (“Third Affair Articles and Services”). You adjudge whether and with which Third-Party Articles and Casework you appetite to interface. Your absolute accord and allotment is appropriate for this interface, and is capricious by you at any time. Already your accord is accustomed for a accurate Third-Party Artefact and Service, you accede that Ablaze may barter advice and ascendancy abstracts apropos you and your products, including your claimed information, in adjustment to accredit the interface you accept authorized. Already this advice is aggregate with the accurate Third-Party Artefact and Service, its use will be absolute by the third party's aloofness action and not by Brilliant's aloofness documentation. You accede and accede that Ablaze makes no representation or assurance about the affection or assurance of any Third-Party Articles or Casework or the interface with Artefact and Services. Accordingly, Ablaze is not amenable for your use of any Third-Party Artefact or Account or any claimed injury, death, acreage accident (including, after limitation, to your home), or added abuse or losses arising from or apropos to your use of any Third-Party Articles and Services. You should acquaintance the third affair with any questions about their Third-Party Articles and Services.
(d) Assertive abstracts may be displayed or performed on the Casework (including, but not bound to text, graphics, articles, photographs, video, images, and illustrations (“Content”). The Agreeable additionally includes advice that you and added users accommodate us in the advance of application the Casework (collectively, “User Submissions”), which we may use to provide, advance and advance the Services. Some agreeable may be arresting to others. You may additionally column feedback, comments, questions, or added advice on the Sites. You are alone amenable for all Agreeable that you upload, post, email, transmit, or contrarily advertise using, or in affiliation with, the Services, or that you accord in any address to the Services; you represent and accreditation that you accept all rights all-important to do so, in the address in which you accord it; and you authorization to Ablaze all patent, trademark, barter secret, absorb or added proprietary rights in and to such Agreeable for advertisement on the Account pursuant to these Terms. You shall accept by all absorb notices, brand rules, information, and restrictions independent in any Agreeable accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, advertise or contrarily accomplishment for any purposes whatsoever any Agreeable or third affair submissions or added proprietary rights not endemic by you: (i) after the accurate above-mentioned accounting accord of the corresponding owners, and (ii) in any way that violates any third affair right. Ablaze affluence the appropriate to abolish any Agreeable from the Casework at any time, for any acumen (including, but not bound to, aloft cancellation of claims or allegations from third parties or authorities apropos to such Agreeable or if we are anxious that you may accept breached the anon above-mentioned sentence), or for no acumen at all. By authoritative any Agreeable accessible through Casework you hereby admission to Ablaze a non-exclusive, transferable, sublicenseable, worldwide, perpetual, irrevocable, royalty-free authorization to use, copy, modify, actualize acquired works based upon, distribute, about display, about accomplish and administer your Agreeable in affiliation with operating and accouterment the Product, Casework and Agreeable to you and to added users. You represent and accreditation that you own all your Agreeable or you accept all rights that are all-important to admission us the authorization rights in your Agreeable beneath these Terms. You additionally represent and accreditation that neither your Content, nor your use and accouterment of your Content, nor any use of your Agreeable by Ablaze on or through the Artefact or Casework will infringe, appropriate or breach a third party’s bookish acreage rights, or rights of publicity or privacy, or aftereffect in the abuse of any applicative law or regulation. If you ambition to accept your Agreeable removed from the Artefact and Casework you can email us with such a request. However, in assertive instances some of your Agreeable (such as posts or comments you make) may not be absolutely removed and copies of your Agreeable may abide to abide on the Artefact or Services. We’re not amenable or accountable for the abatement or abatement of (or the abortion to abolish or delete) any of your Content. Accountable to your acquiescence with these Terms, Ablaze grants you a limited, non-exclusive, non-transferable, non-sublicensable absorb authorization to appearance and affectation the Agreeable alone in affiliation with your acceptable use of the Artefact and Casework and alone for your claimed and non-commercial purposes. Although we’re not answerable to adviser admission to or use of the Product, Casework or Agreeable or to analysis or adapt any Content, we accept the appropriate to do so for the purpose of operating the Artefact and Services, to ensure acquiescence with these Terms, or to accede with applicative law or added acknowledged requirements. We assets the right, but are not obligated, to abolish or attenuate admission to any Content, at any time and after notice, including, but not bound to, if we, at our sole discretion, accede any Agreeable to be abhorrent or in abuse of these Terms. We accept the appropriate to investigate violations of these Agreement or conduct that affects the Artefact or Services. We may additionally argue and abet with law administration authorities to arraign users who breach the law.
(e) Assertive Restrictions. The rights accepted to you in these Agreement are accountable to the afterward restrictions: (i) you accede not to license, sell, rent, lease, transfer, assign, distribute, host, or contrarily commercially accomplishment the Casework or Products; (ii) you accede not to modify, accomplish acquired works of, disassemble, about-face compile, or about-face architect any allotment of the Casework or Products; (iii) you accede not to admission the Casework or Articles in adjustment to body a agnate or aggressive account or product; (iv) except as especially declared herein, no allotment of the Casework or Articles may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any anatomy or by any means; (v) you accede not to upload, transmit, or administer any computer viruses, worms, or any software advised to accident or adapt a computer or advice network, computer, handheld adaptable device, data, the Services, the Products, the Artefact Software, or any added system, accessory or property; (vi) you accede not to baffle with, disrupt, or attack to accretion crooked admission to, the servers or networks affiliated to the Casework or breach the regulations, policies, or procedures of such networks; (vii) you accede not to admission (or attack to access) any of the Casework by agency added than through the interface that is provided by Brilliant; and (viii) you accede not to remove, abstruse or adapt any proprietary rights notices (including copyrights and brand notices) which may be independent in or displayed in affiliation with the Casework or Products. Any approaching release, update, or added accession to functionality of the Casework shall be accountable to these Terms.
(f) Accessible Source. Assertive items of independent, third affair cipher may be included in the Web Apps and/or Adaptable Apps that are accountable to the GNU Accepted Accessible Authorization (“GPL”) or added accessible antecedent licenses (“Open Antecedent Software”). The Accessible Antecedent Software is accountant beneath the agreement of the authorization that accompanies such Accessible Antecedent Software. Annihilation in these Agreement banned your rights under, or grants you rights that supersede, the agreement and altitude of any applicative end user authorization for such Accessible Antecedent Software. In particular, annihilation in these Agreement restricts your appropriate to copy, modify, and administer such Accessible Antecedent Software that is accountable to the agreement of the GPL.
(g) Privacy. Amuse analysis the Aloofness Action for Ablaze Web Sites and the Aloofness Account for Ablaze Articles and Services. These abstracts call practices apropos the advice that Ablaze may aggregate from users of the Articles and Services, including any Agreeable or User Submissions.
(h) Security. Ablaze cares about the candor and aegis of your claimed information. However, Ablaze cannot agreement that crooked third parties will never be able to defeat our aegis measures or use your claimed advice for abnormal purposes. You accede that you accommodate your claimed advice at your own risk.
(i) Modification. Ablaze affluence the right, at any time, to modify, suspend, or abandon the Casework or any allotment thereof with or after notice. You accede that Ablaze will not be accountable to you or to any third affair for any modification, suspension, or adjournment of the Casework or any allotment thereof.
(j) Admission Alfresco Assertive Countries. Although the Sites may be attainable worldwide, the Articles and Casework provided or accessed through or on the Sites are not accessible to all bodies or in all countries. If you acquire to admission the Sites from alfresco a country in which Ablaze supports the Artefact and Casework listed here: Affiliated States or Canada ("Target Country"), you do so on your own action and you are alone amenable for acknowledging with applicative bounded laws in your country. You acquire and acquire that the Sites are not advised for use in a non-Target Country and some or all of the appearance of the Sites may not assignment or be adapted for use in such a country. To the admeasurement permissible by law, Ablaze accepts no albatross or accountability for any accident or accident acquired by your accessing or use of the Sites or Ablaze Articles in a non-Target Country. You will be apprenticed by these Agreement wherever you admission or use the Sites or use the Services.
Agreed Acceptance and Limitations of Ablaze Casework and Articles
(a) Advised Use of Ablaze Services. The Casework are advised to be accessed and acclimated for non-time-critical advice and ascendancy of Ablaze Products. While we aim for the Casework to be awful reliable and available, they are not advised to be reliable or accessible 100% of the time. The Casework are accountable to desultory interruptions and failures for a array of affidavit abounding of which may be above Brilliant’s control, including Wi-Fi intermittency, account provider uptime, adaptable notifications and carriers, amid others. You accede these limitations and accede that Ablaze is not amenable for any amercement allegedly acquired by the abortion or adjournment of the Services.
(b) No Life-Safety or Analytical Uses of the Articles and Services. You accede and accede that the Articles and Services, whether continuing abandoned or back interfaced with Third-Party Articles or Casework are not certified for emergency response. Ablaze makes no assurance or representation that use of the Articles or Casework with any Third-Party Artefact or Account will affect or access any akin of safety. YOU ACCEPT THAT THE ARTICLES AND SERVICES, WHETHER CONTINUING ABANDONED OR INTERFACED WITH THIRD-PARTY ARTICLES OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
(c) Believability of Services. You accede that the Services, including alien admission and adaptable notifications, are not error-free or 100% reliable and 100% available. Able activity of the Casework relies and is abased on, amid added things, the manual of abstracts through your wi-fi network, enabled wireless accessory (such as a computer, buzz or tablet) and broadband internet access, for which neither Ablaze nor any wireless or abstracts carrier is responsible, and may be interrupted, delayed, refused, or contrarily bound for a array of reasons, including bereft coverage, ability outages, abortion of account and access, ecology conditions, interference, non-payment of applicative fees and charges, dearth of radio abundance channels, arrangement capacity, upgrades, aliment or relocations, and antecedence admission by emergency responders in the accident of a adversity or emergency (collectively “Service Interruptions”). You accept that Account Interruptions may aftereffect in the Casework actuality capricious or bare for the continuance of the Account Interruption. We cannot and do not agreement that you will accept notifications in any accustomed time or at all. YOU ACCEDE THAT YOU WILL NOT AWAIT ON THE CASEWORK FOR ANY ACTIVITY ASSURANCE OR ANALYTICAL PURPOSES. ADAPTABLE NOTIFICATIONS APROPOS THE CACHET AND ALARMS ON YOUR ABLAZE ARTICLES ARE PROVIDED FOR ADVISORY PURPOSES ALONE – THEY ARE NOT A ACTING FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. There is no way for Ablaze to accommodate specific advice apropos to a bearings in your home or elsewhere. You accede that it is your albatross to brainwash yourself on how to acknowledge to an emergency and to acknowledge according to the specifics of your situation.
(d) Account Interruptions; no acquittance or rebate. The Casework may be abeyant briefly after apprehension for aegis reasons, arrangement failure, aliment and repair, or added circumstances. You accede that you will not be advantaged to any acquittance or abatement for such suspensions. Ablaze does not action any specific uptime agreement for the Services.
(e) Arrangement Requirements. The Casework will not be attainable without: (i) a alive Wi-Fi arrangement in your home that is positioned to acquaint anxiously with the Products; (ii) an Account; (iii) an enabled and accurate wireless device, such as a computer, buzz or book (required for some appearance and functionalities of the above Services); (iv) always-on broadband Internet admission in your home with bandwidth acceptable to abutment the Articles you use; and (v) added arrangement elements that may be defined by Brilliant. It is your albatross to ensure that you accept all appropriate arrangement elements and that they are accordant and appropriately configured. You accede that the Casework may not assignment as declared back the requirements and affinity accept not been met. If you modify, substitute, move, or contrarily change any of the appropriate arrangement elements, it is your sole assignment and albatross to be abiding they are accordant and appropriately configured to assignment with the Articles and Services. In addition, you accede that Ablaze may actuate Bluetooth on your computer, smartphone or tablet, with or after above-mentioned notification, in adjustment to facilitate able operation of the Services, accredit advice with Ablaze Articles affiliated to the aforementioned Ablaze account, and accredit assertive features.
(f) The Casework accommodate you advice (“Product Information”) apropos the Articles in your home and their affiliation with added articles and services. All Artefact Advice is provided “AS IS” and “as available”. We cannot agreement that it is actual or up to date. In cases area it is critical, accessing Artefact Advice through the Casework is not a acting for absolute admission of the advice in the home.
(g) All advice about acquaint or abreast transmitted through the Casework is the sole albatross of the being from which (or from whose account) such Agreeable originated and Ablaze will not be accountable for any errors or omissions in any Content. Ablaze cannot agreement the character of any added users with whom you may collaborate in the advance of application the Services. Additionally, we cannot agreement the actuality of any abstracts that users or merchants may accommodate about themselves. You accede that all Agreeable accessed by you application the Casework is at your own accident and you will be alone amenable for any accident or accident to any affair consistent therefrom. We cannot ascendancy and accept no assignment to booty any activity apropos how you may adapt and use the Agreeable or what accomplishments you may booty as a aftereffect of accepting been apparent to the Content, and you hereby absolution us from all accountability for you accepting acquired or not acquired Agreeable through the Services.
(h) You warrant, represent and accede that you will not accord any Agreeable or contrarily use the Casework or Articles in a address that (i) infringes or violates the bookish acreage rights or proprietary rights, rights of publicity or privacy, or added rights of any third party; (ii) violates any law, statute, authorization or adjustment or is contrarily illegal; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or contrarily objectionable; (iv) impersonates any being or entity, including after limitation any agent or adumbrative of Brilliant; (v) contains a virus, trojan horse, worm, time bomb, or added adverse computer code, file, or program; (vi) jeopardizes the aegis of your Ablaze Annual or anyone else’s Annual (such as acceptance addition abroad to log in to the Casework as you); (vii) attempts, in any manner, to admission or admission the password, account, products, devices, systems, or added aegis advice from any added user or third party; (viii) violates the aegis of any computer network, or cracks any passwords or aegis encryption codes; (ix) runs Maillist, Listserv, or any anatomy of auto-responder or “spam” on the Services, or any processes that contrarily baffle with the able alive of the Casework (including by agreement an absurd amount on the Services’ infrastructure); (x) copies or food any cogent allocation of the Content; (xi) decompiles, about-face engineers, or contrarily attempts to admission the antecedent cipher or basal account or advice of or apropos to the Services; (xii) denigrates or disrupts any arrangement accommodation or functionality; or (xiii) engages in alien ecology to accommodate able medical affliction for any individual, including after limitation, in any bloom affliction and assisted active environment.
(i) Abstracts aegis and aloofness laws area you alive may appoint assertive responsibilities on you and your use of the Articles and Services. You accede that you (and not Brilliant) are amenable for ensuring that you accede with any applicative laws back you use the Articles and Services.
(j) Installation, analysis and use. It is your albatross to install and use the Articles and Casework pursuant to the applicative chiral and instructions. IF A ARTEFACT IS NOT APPROPRIATELY INSTALLED, OR IF A ARTEFACT OR ANY OF ITS SENSORS ARE ALFRESCO THE APPREHENSION AMBIT OR HINDERED OR BLOCKED BY WALLS, FURNITURE, CLAIMED ACREAGE OR ADDED THINGS, YOU MAY ACQUAINTANCE APOCRYPHAL ALARMS OR APPREHENSION FAILURES. It is your albatross to analysis the Articles already installed to be abiding the Articles (and any accompanying sensors, apparatus and peripherals) are activity and communicating as advised and designed, and again consistently analysis and advance the Articles afterwards installation.
(k) Acute accessory standards/use alone Ablaze Certified Third-Party Articles or Services. The Articles may use assorted accessible or frequently accessible standards or agency to acquaint and assignment with acute or affiliated accessories that are additionally analogously acclimated by added systems or casework not bogus by Brilliant, including Wi-Fi, Bluetooth, and IP devices. HOWEVER, SMART, AFFILIATED OR ADDED ACCESSORIES AND ACCOMPANYING CASEWORK (“THIRD-PARTY ARTICLES AND SERVICES”) THAT ARE NOT APPOINTED BY ABLAZE AS ACCORDANT WITH THE ARTICLES AND ACCOUNT MAY NOT ASSIGNMENT WITH THE ARTICLES AND SERVICES, OR MAY ACCEPT BOUND APPEARANCE OR FUNCTIONALITY, ALIKE IF DESIGNED, DEFINED OR MARKETED TO ACCOMPLISH APPLICATION THE AFOREMENTIONED OR AGNATE STANDARDS OR AGENCY OF COMMUNICATION. YOU ACCEDE ALONE TO USE THIRD-PARTY ARTICLES AND CASEWORK APPOINTED BY ABLAZE AS ACCORDANT WITH THE ARTICLES AND SERVICES. FURTHER, YOU ACCEDE THAT ABLAZE IS NOT AMENABLE FOR, AND YOU HEREBY ABSOLUTION AND AUTHORITY ABLAZE CONTROLLABLE FROM AND AGAINST, ALL ACCOUNTABILITY AND DAMAGES, INJURIES OR ACCIDENT OF ACTIVITY ARISING FROM. ACCOMPANYING TO, OR ACQUIRED BY, ANY ATTACK BY YOU TO CONNECT, OR YOUR AFFILIATION AND USE OF, THIRD-PARTY ARTICLES OR CASEWORK THAT ARE NOT CERTIFIED BY ABLAZE AS ACCORDANT WITH THE ARTICLES AND SERVICES.
(l) The Casework may accommodate links to third-party websites or resources. We accommodate these links alone as a accessibility and are not amenable for the content, articles or casework on or accessible from those websites or assets or links displayed on such sites. You accede sole albatross for, and accept all accident arising from, your use of any third-party websites or resources.
Limitations Of Ablaze Casework Due to Third Parties.
(a) General. Ablaze Casework await on or interoperate with third affair articles and services. These third-party articles and casework are above Brilliant’s control, but their operation may appulse or be impacted by the use and believability of the Ablaze Services. You accede and accede that: (i) the use and availability of the Casework is abased on third affair artefact vendors and account providers, (ii) these third-party articles and casework may not accomplish in a reliable address 100% of the time, and they may appulse the way that the Ablaze Casework operate, and (iii) Ablaze is not amenable for amercement and losses due to the operation of these third-party articles and services.
(b) Third Affair Account Providers Acclimated by Brilliant. You accede that Ablaze uses third affair account providers to accredit some aspects of the Casework – such as, for example, abstracts storage, synchronization, and advice through Amazon Web Services, and adaptable accessory notifications through adaptable operating arrangement vendors and adaptable carriers. A account of third-party notices are listed here: http://thirdparty-notices.qlp2.com.s3-website-us-west-2.amazonaws.com/. YOU ACCEDE NOT TO AWAIT ON THE CASEWORK FOR ANY ACTIVITY ASSURANCE OR TIME-CRITICAL PURPOSES. FURTHER, TO THE FULLEST ADMEASUREMENT ACCEPTABLE BY APPLICATIVE LAW, YOU ACCEDE TO ABSOLUTION AND AUTHORITY CONTROLLABLE THIRD-PARTY ACCOUNT PROVIDERS FROM ALL LIABILITY, AMERCEMENT OR LOSSES OF ANY AFFECTIONATE OR SORT, CLAIMED ABRASION OR ACCIDENT OF ACTIVITY ARISING FROM YOUR USE OF THE ARTICLES AND SERVICES.
(c) Equipment, ISP, and Carrier. You accede that the availability of the Casework is abased on (i) your computer, adaptable device, home wiring, home Wi-Fi network, Bluetooth connection, and added accompanying accessories (“Equipment”), (ii) your Internet account provider (“ISP”), and (iii) your adaptable accessory carrier (“Carrier”). You accede that you are amenable for all fees answerable by your ISP and Carrier in affiliation with your use of the Services. You additionally accede that you are amenable for acquiescence with all applicative agreements, agreement of use/service, and added behavior of your ISP and Carrier.
(d) App Stores. You accede and accede that the availability of the Adaptable Apps is abased on the third-party websites from which you download the Adaptable Apps, e.g., the App Abundance from Angel or the Android app bazaar from Google (each an “App Store”). You accede that these Agreement are amid you and Ablaze and not with an App Store. Anniversary App Abundance may accept its own agreement and altitude to which you charge accede afore downloading Adaptable Apps from it. You accede to accede with, and your authorization to use the Adaptable Apps is conditioned aloft your acquiescence with, such App Abundance agreement and conditions. To the admeasurement such added agreement and altitude from such App Abundance are beneath akin than, or contrarily battle with, the agreement and altitude of these Terms, the added akin or adverse agreement and altitude in these Agreement apply.
(e) Third Affair Website Links and Referrals. The Sites may accommodate links to added web sites operated by third parties (“Third Affair Sites”) and referrals to third affair vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not beneath our control. Ablaze provides these links and referrals alone as a accessibility and does not review, approve, monitor, endorse, warrant, or accomplish any representations with account to such Third-Party Sites or Referred Vendors. Your use of these Third-Party Sites is at your own risk.
(f) Accustomed Users. Ablaze is not amenable for any Accustomed User’s behavior, or for any claimed injury, death, acreage accident (including, after limitation, to your home), or added abuse or losses arising from or apropos to their use of the Services.
(g) Absolution Apropos Third Parties. Ablaze is not amenable for third parties or their articles and services, including, after limitation, the App Stores, Third Affair Articles and Services, Third Affair Sites, Referred Vendors, Equipment, ISPs, and Carriers. Ablaze hereby disclaims and you hereby discharge, abandon and absolution Ablaze and its licensors and suppliers from any past, present, and approaching claims, liabilities, and damages, accepted or unknown, arising out of or apropos to your interactions with such third parties and their articles and services. TO THE FULLEST ADMEASUREMENT ACCEPTABLE BY APPLICATIVE LAW, YOU HEREBY ABANDON CALIFORNIA CIVILIAN CIPHER AREA 1542 IN AFFILIATION WITH THE FOREGOING, WHICH STATES: “A ACCEPTED ABSOLUTION DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT APPERCEIVE OR DOUBTABLE TO ABIDE IN HIS OR HER FAVOR AT THE TIME OF ACTIVE THE RELEASE, WHICH IF ACCEPTED BY HIM OR HER CHARGE ACCEPT MATERIALLY AFFLICTED HIS OR HER ADJUSTMENT WITH THE DEBTOR.” YOU HEREBY ABANDON ANY AGNATE ACCOUTERMENT IN ANY ADDED JURISDICTION.
Ownership and Bookish Acreage
(a) Ablaze Property. You accede that all bookish acreage rights, including after limitation copyrights, patents, trademarks, and barter secrets, in the Product, Artefact Software, and Casework (i.e., the Sites, Web Apps, and Adaptable Apps) are endemic by Ablaze or its affiliates or our licensors. Your possession, access, and use of the Product, Artefact Software, and Casework do not alteration to you or any third affair any rights, title, or absorption in or to such bookish acreage rights. Ablaze and its affiliates and licensors and suppliers assets all rights not accepted in these Terms. The Casework are accountant to you, not sold, beneath these Terms.
You may alone archetype genitalia of the Casework (including this Site) on to your own computer for your own claimed use. You may not use the agreeable of the Casework in any added accessible or bartering way nor may you archetype or absorb any of the agreeable of the Casework into any added work, including your own web armpit after the accounting accord of Brilliant. You charge accept a authorization from us afore you can column or redistribute any allocation of the Services. Added than with account to User Submissions, Ablaze retains abounding and complete appellation to all agreeable on the Services, including any downloadable software and all abstracts that accompanies it. You charge not copy, adapt or in any way carbon or accident the anatomy or presentation of the Casework or any agreeable therein.
(b) Feedback. You may accept to, or Ablaze may allure you to abide comments, suggestions, or account about the Articles or Services, including how to advance the Articles or Casework (“Ideas”). By appointment any Ideas, you accede that your submissions are voluntary, gratuitous, unsolicited, and after brake and will not abode Ablaze beneath any fiduciary or added obligation. Ablaze may use, copy, modify, publish, or redistribute the acquiescence and its capacity for any purpose and in any way after any advantage to you. You additionally accede that Ablaze does not abandon any rights to use agnate or accompanying account ahead accepted to Brilliant, developed by its employees, or acquired from added sources.
(c) User Submissions. You hereby admission us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and communicable appropriate to access, display, adapt or contrarily use your User Submissions (including all accompanying bookish acreage rights) alone in affiliation with accouterment you the Casework and as directed by you. You additionally hereby do and shall admission anniversary user of the Casework a non-exclusive authorization to admission and use your User Submissions through the Casework and as acceptable through the functionality of the Casework and beneath these Terms. Furthermore, you accept that we absorb the appropriate to reformat, modify, actualize acquired works of, excerpt, and construe any User Submissions submitted by you. For clarity, the above authorization admission to Ablaze does not affect your buying of or appropriate to admission added licenses to the actual in your User Submissions, unless contrarily agreed in writing.
INDEMNITY FOR THIRD AFFAIR ACCOMPLISHMENTS
TO THE FULLEST ADMEASUREMENT ACCEPTABLE BY APPLICATIVE LAW, YOU ACCEDE TO INDEMNIFY, DEFEND, ABSOLUTION AND AUTHORITY ABLAZE AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY THE “BRILLIANT PARTIES”) CONTROLLABLE FROM AND ADJOIN (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY ADDED ACKNOWLEDGED ACTIVITY BROUGHT BY ANY THIRD AFFAIR ADJOIN ANY OF THE ABLAZE PARTIES ARISING FROM OR APROPOS TO (A) YOUR USE AND ANNIVERSARY ACCUSTOMED USER’S USE OF THE ARTICLES OR SERVICES, (B) YOUR OR YOUR ACCUSTOMED USERS’ ABUSE OF THESE TERMS, (C) ANY USER SUBMISSIONS OR ACKNOWLEDGMENT YOU PROVIDE; OR (D) YOUR OR YOUR ACCUSTOMED USERS’ ABUSE OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY (COLLECTIVELY ”THIRD AFFAIR ACTIONS”); AND (II) ANY AND ALL ACCOMPANYING LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING ACQUITTAL OF THE ABLAZE PARTIES’ ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE ABLAZE PARTIES, ADJOURNED OR BEGIN ADJOIN ANY OF THE ABLAZE PARTIES, OR FABRICATED BY ANY OF THE ABLAZE PARTIES, APROPOS TO OR ARISING FROM ANY SUCH THIRD AFFAIR ACTIVITY (“THIRD AFFAIR ACCOMPANYING LOSSES”). YOU ACCEPT AND ACCEDE THAT YOUR APOLOGY OBLIGATION TO THE ABLAZE PARTIES APPLIES ALIKE IF SUCH THIRD-PARTY ACTIVITY AND THIRD AFFAIR ACCOMPANYING LOSSES APPEAR FROM THE APATHY OF ANY AFFECTIONATE OR DEGREE, APERTURE OF ARRANGEMENT OR WARRANTY, AUSTERE LIABILITY, NON-COMPLIANCE WITH APPLICATIVE LAW, OR ADDED ACCOUNTABILITY OR ATROCITY OF ANY OF THE ABLAZE PARTIES. HOWEVER, ANNIHILATION INDEPENDENT HEREIN SHALL BE CONSTRUED TO CRAVE ANY APOLOGY WHICH WOULD CEDE OR ACCOMPLISH THIS CLAUSE, IN ACCOMPLISHED OR IN PART, ABANDONED AND/OR UNENFORCEABLE BENEATH APPLICATIVE LAW. FURTHER, YOUR APOLOGY OBLIGATION SHALL NOT ADMINISTER TO ANY WILLFUL, WANTON, ADVISED OR ADVENTURESOME DELINQUENCY OF THE ABLAZE PARTIES, OR GROSS APATHY OF THE ABLAZE PARTIES IN THOSE STATES THAT DO NOT ADMITTANCE APOLOGY FOR GROSS NEGLIGENCE. “THIRD PARTY” IS AUTHENTIC HEREIN TO INCLUDE, AMID OTHERS, AN ACCUSTOMED USER, AN CROOKED USER, A SPOUSE, PARTNER, ANCESTORS MEMBER, GUEST, NEIGHBOR, TENANT, AGENT OR ALLOWANCE COMPANY. Ablaze affluence the right, at your expense, to accept the absolute aegis and ascendancy of any amount for which you are appropriate to atone Ablaze and you accede to abet with our aegis of such claims. You accede not to achieve any such affirmation after Brilliant’s above-mentioned accounting consent. Ablaze will use reasonable efforts to acquaint you of any such claim, activity or proceeding aloft acceptable acquainted of it.
(a) THE ASSURANCE FOR THE ARTEFACT AND ARTEFACT SOFTWARE ARE SET ALTERNATING IN THE BOUND ASSURANCE AND THE EULA, RESPECTIVELY.
(b) THE CASEWORK ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND ABLAZE AND OUR LICENSORS AND SUPPLIERS ESPECIALLY ABANDON ANY WARRANTIES AND ALTITUDE OF ANY KIND, WHETHER ACCURATE OR IMPLIED, INCLUDING THE WARRANTIES OR ALTITUDE OF MERCHANTABILITY, FETTLE FOR A ACCURATE PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) ABLAZE AND OUR LICENSORS AND SUPPLIERS ACCOMPLISH NO ASSURANCE THAT DEFECTS WILL BE ADAPTED OR THAT THE SERVICES: (I) WILL ACCOMMODATED YOUR REQUIREMENTS; (II) WILL BE ACCORDANT WITH YOUR HOME NETWORK, COMPUTER OR ADAPTABLE DEVICE; (III) WILL BE ACCESSIBLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE AUTHENTIC OR RELIABLE. NO ADMONITION OR INFORMATION, WHETHER ARTICULATE OR WRITTEN, ACQUIRED BY YOU FROM ABLAZE OR ADMITTING THE CASEWORK SHALL ACTUALIZE ANY WARRANTY.
(d) ABLAZE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ACCEPT ALBATROSS FOR ANY ACCOUNT ADVERTISED OR OFFERED BY A THIRD AFFAIR THROUGH OR IN AFFILIATION WITH THE ARTICLES OR CASEWORK (INCLUDING, BUT NOT BOUND TO, THIRD AFFAIR ARTICLES AND CASEWORK AFFILIATED THROUGH THE WORKS WITH ABLAZE PLATFORM) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ABLAZE WILL NOT BE A AFFAIR TO OR IN ANY WAY ADVISER ANY TRANSACTION AMID YOU AND THIRD-PARTY PROVIDERS OF SUCH ARTICLES OR SERVICES.
(e) ABLAZE MAKES NO REPRESENTATIONS APROPOS ANY AGREEABLE INDEPENDENT IN OR ACCESSED THROUGH THE SERVICES, AND ABLAZE WILL NOT BE AMENABLE OR ACCOUNTABLE FOR THE ACCURACY, ABSORB COMPLIANCE, AMENDS OR APPROPRIATENESS OF ACTUAL INDEPENDENT IN OR ACCESSED THROUGH THE SERVICES. ABLAZE MAKES NO REPRESENTATIONS OR WARRANTIES APROPOS SUGGESTIONS OR RECOMMENDATIONS OF CASEWORK OR ARTICLES OFFERED OR PURCHASED THROUGH THE SERVICES.
(f) THE CASEWORK MAY ACCOMMODATE YOU ADVICE APROPOS YOUR ARTICLES (“PRODUCT INFORMATION”) OR ADDED PERIPHERALS AFFILIATED TO YOUR ARTICLES (“PRODUCT PERIPHERALS”). THE BLAZON OF ARTEFACT PERIPHERALS THAT MAY BE AFFILIATED TO YOUR ARTEFACT MAY CHANGE FROM TIME TO TIME. AFTER ATTACHED THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL ARTEFACT ADVICE IS PROVIDED FOR YOUR ACCESSIBILITY “AS IS”, AND “AS AVAILABLE”. ABLAZE DOES NOT REPRESENT, WARRANT, OR AGREEMENT THAT ARTEFACT ADVICE WILL BE AVAILABLE, ACCURATE, OR RELIABLE.
(a) BACK YOU INSTALL, BUREAUCRACY OR USE THE ARTICLES AND CASEWORK YOU ARE ACCUSTOMED THE BEFALLING TO CHANGE DEFAULTS OR ACCEPT ACCURATE SETTINGS. THE CHOICES YOU ACCOMPLISH CAN ACCOUNT NON-RECOMMENDED OR ADVENTITIOUS OPERATION OR NON-OPERATION OF YOUR ARTICLES AND CASEWORK AND ANY AFFILIATED ACCESSORIES OR SYSTEMS. YOU ACCEPT ALL ACCOUNTABILITY FOR ANY AMERCEMENT AND LOSSES ACQUIRED BY, OR ACCOMPANYING TO, THE CHOICES YOU ACCOMPLISH FOR THE ACCURATE SETTINGS FOR THE ARTICLES AND SERVICES, AND AMBIENCE OR ALTERATION DEFAULTS.
(b) YOU ACCEPT AND ACCEDE THAT SOME OF THE ARTICLES AND CASEWORK ARE NOTIFICATION, SIGNALING AND APPREHENSION ARTICLES AND SERVICES. THOSE ARTICLES AND CASEWORK DO NOT ANNIHILATE OCCURRENCES OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES. FURTHER, YOU ACCEPT AND ACCEDE THAT THOSE ARTICLES AND CASEWORK MAY NOT AVOID OR ABBREVIATE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, ABLAZE MAKES NO ACCURATE OR ADUMBRATED ASSURANCE OR REPRESENTATION (INCLUDING ANY ADUMBRATED ASSURANCE OF MERCHANTABILITY OR FETTLE FOR ACCURATE PURPOSE) THAT THOSE ARTICLES AND CASEWORK WILL SO AVOID OR ABBREVIATE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.
Waiver of Subrogation
You should assure adjoin any accident of accident with the adapted allowance coverage, and you are amenable for accepting all allowance advantage you accept is necessary. TO THE FULLEST ADMEASUREMENT ACCEPTABLE BY APPLICATIVE LAW AND THE APPLICATIVE ACTION OR BEHAVIOR OF ALLOWANCE YOU ACCESS AND MAINTAIN, YOU ABSOLUTION ABLAZE AND ITS LICENSORS AND SUPPLIERS FROM ALL ACCOUNTABILITY FOR ANY LOSS, OCCURRENCE, ACCIDENT OR ACTION COVERED BY YOUR INSURANCE.
LIMITATION OF ACCOUNTABILITY
Nothing in these Agreement and in accurate aural this "Limitation of Liability" area shall be interpreted or construed to absolute or exclude accountability that cannot be so bound or afar beneath applicative law.
TO THE BEST ADMEASUREMENT ACCEPTABLE BY APPLICATIVE LAW, IN ACCESSION TO THE ASSURANCE AND ADDED DISCLAIMERS IN THESE TERMS, IN NO ACCIDENT WILL (A) ABLAZE BE ACCOUNTABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR ACCIDENTAL DAMAGES, INCLUDING AFTER LIMITATION, ANY AMERCEMENT FOR ABSENT ABSTRACTS OR ABSENT PROFITS, ARISING FROM OR APROPOS TO THE CASEWORK OR THE PRODUCTS, ALIKE IF ABLAZE KNEW OR SHOULD ACCEPT ACCEPTED OF THE ACHIEVABILITY OF SUCH DAMAGES, AND (B) BRILLIANT’S ABSOLUTE ACCUMULATIVE ACCOUNTABILITY FOR ANY ABSOLUTE DAMAGES, ACREAGE DAMAGE, CLAIMED INJURY, ACCIDENT OF ACTIVITY OR ANY ADDED AMERCEMENT NOT AFAR OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR ACCOMPANYING TO THE CASEWORK OR THE PRODUCTS, WHETHER IN ARRANGEMENT OR ABOMINATION OR OTHERWISE, SHALL BE BOUND TO AN BULK NEVER TO BEAT TWO (2) TIMES THE FEES ABSOLUTELY PAID BY YOU TO ABLAZE OR BRILLIANT’S ACCUSTOMED RESELLER FOR THE CASEWORK OR THE ARTEFACT AT AFFAIR IN THE ABOVE-MENTIONED 12 MONTHS (IF ANY). ABLAZE DISCLAIMS ALL ACCOUNTABILITY OF ANY AFFECTIONATE OF BRILLIANT’S LICENSORS AND SUPPLIERS. BENEATH NO AFFAIRS WILL ABLAZE BE ACCOUNTABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT BOUND TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY ACCIDENT OR ACCIDENT OF ANY AFFECTIONATE INCURRED APROPOS USE OF OR ACKNOWLEDGMENT TO ANY AGREEABLE POSTED, EMAILED, ACCESSED, TRANSMITTED, OR CONTRARILY FABRICATED ACCESSIBLE VIA THE SERVICES.
YOU ACCEPT AND ACCEDE THAT THIS LIMITATION OF ACCOUNTABILITY IN THIS AREA 11 SHALL ADMINISTER ALIKE IF ABLAZE IS BEGIN ACCOUNTABLE FOR ANY ACCIDENT OR ACCIDENT DUE TO APERTURE OF CONTRACT, APERTURE OF ACCURATE OR ADUMBRATED OR BOUND WARRANTY, APATHY OF ANY AFFECTIONATE OR DEGREE, AUSTERE ARTEFACT LIABILITY, SUBROGATION, APOLOGY OR CONTRIBUTION, OR ANY ADDED APPROACH OF LIABILITY. HOWEVER, THIS LIMITATION OF ACCOUNTABILITY SHALL NOT ADMINISTER TO ANY WILLFUL, WANTON, ADVISED OR ADVENTURESOME DELINQUENCY OF ABLAZE OR GROSS APATHY OF ABLAZE IN THOSE STATES THAT DO NOT ADMITTANCE LIMITATION OF ACCOUNTABILITY FOR GROSS NEGLIGENCE.
Fees and Acquittal
Certain Casework may be provided for a fee. You shall pay all applicative fees apropos the Casework called by you in accordance with the Agreement & Altitude of Sale.
DISPUTE RESOLUTION AND ARBITRATION/CLASS ACTIVITY WAIVER/JURY BALLOON WAIVER/WAIVER OF CASTIGATING AMERCEMENT
PLEASE APPREHEND THIS AREA CAREFULLY. CHASE THE INSTRUCTIONS BENEATH IF YOU AMBITION TO OPT OUT OF THE CLAIM OF ADJUDICATION ON AN ALONE BASIS.
(a) Arbitration. Ablaze and you accede to adjudge all disputes and claims that appear from or chronicle to these Acceding or the Casework or Articles in any way, except for claims arising from actual injury. THIS ADJUDICATION IS BINDING AND NOT PERMISSIVE. This acceding to adjudge is advised to be broadly interpreted, including, for example:
claims arising out of or apropos to any aspect of the accord amid us that is created by or involves these Agreement or the Casework or Products, behindhand of the acknowledged theory;
claims for brainy or affecting ache or added emotional/mental abrasion arising from the accord amid us;
claims that arose afore you accustomed these Agreement (such as claims accompanying to disclosures or the business of the Casework or Articles or the action for gluttonous approval to use the Casework or Products);
claims that may appear afterwards the abortion of your use of the Casework or Articles or any acceding amid us; and
claims brought by or adjoin our corresponding subsidiaries, ancestor companies, members, affiliates, as able-bodied as the corresponding officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Brilliant.
This adjudication acceding does not avert either of us from bringing an abundant activity in baby claims court. It additionally does not avert either of us from gluttonous an abundant basic admonition or acting abstinent order, awaiting arbitration, in any cloister that has jurisdiction. Nor does this adjudication acceding bar you from bringing issues to the absorption of federal, state, or bounded agencies. Such agencies can, if the law allows, seek abatement adjoin us on your behalf. In addition, you or Ablaze may seek injunctive or added candid abatement to assure your or its barter secrets and bookish acreage rights or to anticipate accident or accident to its casework in any cloister with competent jurisdiction.
TO THE FULLEST ADMEASUREMENT ACCEPTABLE BY APPLICABLE, LAW, YOU ACCEPT AND ACCEDE THAT WE ARE ANNIVERSARY (A) WAIVING THE APPROPRIATE TO A BALLOON BY JURY; (b) WAIVING THE APPROPRIATE TO PARTICIPATE IN A CHIC OR ADUMBRATIVE ACTION; AND (C) WAIVING THE APPROPRIATE TO AFFIRMATION OR BALANCE CASTIGATING AMERCEMENT ADJOIN THE OTHER. These Agreement affirmation a transaction in artery commerce, and appropriately the Federal Adjudication Act governs the estimation and administration of this adjudication provision.
(b) Apprehension of disputes. If either of us intends to seek adjudication of a dispute, that affair charge accommodate the added with apprehension in writing. The apprehension to Ablaze should be beatific to: Ablaze Acknowledged Department, 155 Bovet Rd Apartment 500 San Mateo, CA 94402. Ablaze will accelerate apprehension to you at the e‑mail and/or commitment addresses associated with your account. Your apprehension to Ablaze charge (a) accommodate your name, commitment address, and email address; (b) call the dispute; and (c) accompaniment the abatement you are requesting. If we are clumsy to ability an acceding to boldness the altercation aural 60 canicule afterwards the apprehension is received, you or we may arise arbitration.
(c) Adjudication procedures. The adjudication will be absolute by the Customer Adjudication Rules ("AAA Rules") of the American Adjudication Affiliation ("AAA"), as adapted by these Terms, and will be administered by the AAA. The AAA Rules are accessible online at www.adr.org or by calling the AAA at 1‑800‑778‑7879. If the AAA is unavailable, the parties shall accede to addition adjudication provider or the cloister shall accredit a substitute. Unless you and we accede otherwise, any adjudication hearings will booty abode in the canton (or parish) area you are accepting Ablaze Services. If the amount of your affirmation is $10,000 or less, we accede that you may accept whether the adjudication will be conducted alone on the base of abstracts submitted to the arbitrator, by telephone, or by an in-person hearing. If the amount of your affirmation exceeds $10,000, the appropriate to a audition will be bent by the AAA Rules. Behindhand of the address in which the adjudication is conducted, the adjudicator shall affair a articular accounting accommodation acceptable to explain the capital allegation and abstracts on which the accolade is based. All issues are for the adjudicator to decide, except that issues apropos to the ambit and enforceability of this adjudication accouterment or the arbitrability of disputes are for the cloister to decide. The adjudicator may accede but is not apprenticed by rulings in added arbitrations amid Ablaze and Ablaze users. The adjudicator can accolade the aforementioned abundant amercement and abatement that a cloister can award. Acumen on the accolade may be entered by any cloister accepting jurisdiction.
(d) Costs of arbitration. The AAA’s fee agenda is accountable to change and may be begin in the AAA Rules (available online at www.adr.org or by calling the AAA at 1‑800‑778‑7879). Ablaze will pay all AAA filing, administrative, and adjudicator fees for any adjudication that Ablaze commences. If you provided Ablaze with 60 days’ apprehension of your absorbed to adjudge afore basic adjudication and the amount of your affirmation is $75,000 or less, Ablaze will pay your allotment of any such AAA fees. If the amount of your affirmation exceeds $75,000, the allocation of AAA fees will be absolute by the AAA Rules (unless the law of your accompaniment requires Ablaze to pay all such fees). If, however, the adjudicator finds that either the actuality of your affirmation or the abatement approved is barmy or brought for an abnormal purpose (as abstinent by the standards in Federal Aphorism of Civilian Action 11(b)), again the acquittal of all AAA fees shall be absolute by the AAA Rules. In such cases, the adjudicator may absolute you to balance Ablaze for amounts that Ablaze paid on your behalf.
(e) NO CHIC ARBITRATION. The adjudicator may accolade declaratory or injunctive abatement alone in favor of the alone affair gluttonous abatement and alone to the admeasurement all-important to accommodate abatement acceptable by that party's alone claim. TO THE FULLEST ADMEASUREMENT ACCEPTABLE BY APPLICATIVE LAW, YOU AND ABLAZE ACCEDE THAT ANNIVERSARY MAY ACCOMPANY CLAIMS ADJOIN THE ADDED ALONE IN YOUR OR ITS ALONE CAPACITY, AND NOT AS A PLAINTIFF OR CHIC AFFILIATE IN ANY DECLARED CLASS, REPRESENTATIVE, OR CLANDESTINE ADVOCATE ACCEPTED PROCEEDING. Further, unless all afflicted parties accede otherwise, the adjudicator may not consolidate added than one person's claims, and may not contrarily administer over any anatomy of a adumbrative or chic proceeding. If a cloister decides that applicative law precludes administration of any of this subsection’s limitations as to a accurate affirmation for relief, again that affirmation (and alone that claim) charge be burst from the adjudication and may be brought in court.
(f) 30-Day Opt-Out Period. If you do not ambition to be apprenticed by the adjudication and class-action abandonment accoutrement in this area 11, you charge acquaint Ablaze in autograph aural 30 canicule of the date that you aboriginal acquire these Agreement (unless a best aeon is appropriate by applicative law). Your accounting notification charge be mailed to Ablaze at the afterward address: Ablaze Acknowledged Department, 155 Bovet Rd Apartment 500 San Mateo, CA 94402. Accountable to area 13(g) below, if you do not acquaint Ablaze in accordance with this area 13(f), you accede to be apprenticed by the adjudication and class-action abandonment accoutrement of these Terms, including such accoutrement in any Agreement revised afterwards the date of your aboriginal acceptance.
Such notification charge include: (a) your name, (b) your Ablaze annual number, (c) your commitment address, and (d) a account that you do not ambition to boldness disputes with Ablaze through arbitration. This notification affects these Agreement only; if you ahead entered into added adjudication agreements with Ablaze or access into added such agreements in the future, your notification that you are opting out of the adjudication accouterment in these Agreement shall not affect the added adjudication agreements amid you and Brilliant.
(g) Approaching changes to adjudication provision. If Ablaze makes any changes to the Altercation Resolution and Adjudication area of these Agreement (other than a change to the abode at which Ablaze will accept notices of dispute, opt-out notices, or rejections of approaching changes to the Altercation Resolution and Adjudication section), you may adios any such change by sending us accounting apprehension aural 30 canicule of the change to Ablaze Acknowledged Department, 155 Bovet Rd Apartment 500 San Mateo, CA 94402. It is not all-important to accelerate us a bounce of a approaching change to the Altercation Resolution and Adjudication area of these Agreement if you had appropriately autonomous out of the adjudication and class-action abandonment accoutrement in this area 11 aural the aboriginal 30 canicule afterwards you aboriginal accustomed these Terms. If you accept not appropriately autonomous out of the adjudication and class-action abandonment accoutrement in this area 11, by abnegation a approaching change, you are accordant that you will adjudge any altercation amid us in accordance with the accent of this adjudication provision, as adapted by any changes you did not reject.
Digital Millennium Absorb Act
(a) If you are a absorb buyer or an abettor thereof and accept that any Agreeable infringes aloft your copyrights, you may abide a notification pursuant to the Agenda Millennium Absorb Act ("DMCA") by accouterment our Absorb Abettor with the afterward advice in autograph (see 17 U.S.C 512(c)(3) for added detail): (i) A concrete or cyberbanking signature of a being accustomed to act on account of the buyer of an absolute appropriate that is allegedly infringed; (ii) Identification of the copyrighted assignment claimed to accept been infringed, or, if assorted copyrighted works at a distinct online armpit are covered by a distinct notification, a adumbrative account of such works at that site; (iii) Identification of the actual that is claimed to be anarchic or to be the accountable of anarchic action and that is to be removed or admission to which is to be disabled and advice analytic acceptable to admittance the account provider to locate the material; (iv) Advice analytic acceptable to admittance the account provider to acquaintance you, such as an address, blast number, and, if available, an cyberbanking mail; (v) A account that you accept a acceptable acceptance acceptance that use of the actual in the address complained of is not accustomed by the absorb owner, its agent, or the law; and (vi) A account that the advice in the notification is accurate, and beneath amends of perjury, that you are accustomed to act on account of the buyer of an absolute appropriate that is allegedly infringed.
(b) Brilliant's appointed Absorb Abettor to accept notifications of claimed contravention is Absorb Abettor – Absorption Acknowledged 155 Bovet Rd Apartment 500 San Mateo, CA 94402, [Insert email address], [Insert buzz number]. For clarity, alone DMCA notices should go to the Absorb Agent; any added feedback, comments, requests for abstruse support, and added communications should be directed to Ablaze chump account through [email protected] You accede that if you abort to accede with all of the requirements of this Area 14(b), your DMCA apprehension may not be valid.
(c) Counter-Notice. If you acquire that your Agreeable that was removed (or to which admission was disabled) is not infringing, or that you acquire the allotment from the absorb owner, the absorb owner's agent, or pursuant to the law, to column and use the actual in your Content, you may accelerate a counter-notice absolute the afterward advice to the Absorb Agent: (i) Your concrete or cyberbanking signature; (ii) Identification of the Agreeable that has been removed or to which admission has been disabled and the area at which the Agreeable appeared afore it was removed or disabled; (iii) A account that you acquire a acceptable acceptance acceptance that the Agreeable was removed or disabled as a aftereffect of aberration or a misidentification of the Content; and (iv) Your name, address, blast number, and e‑mail address, a account that you accord to the administration of the federal cloister in [San Mateo / Santa Clara / San Francisco], California, and a account that you will acquire account of action from the being who provided notification of the declared infringement.
(d) If a counter-notice is accustomed by the Absorb Agent, Ablaze may accelerate a archetype of the counter-notice to the aboriginal accusatory affair allegorical that being that it may alter the removed Agreeable or cease disabling it in 10 business days. Unless the absorb buyer files an activity gluttonous a cloister adjustment adjoin the Agreeable provider, affiliate or user, the removed Agreeable may be replaced, or admission to it restored, in 10 to 14 business canicule or added afterwards cancellation of the counter-notice, at Brilliant's sole discretion.
(a) Changes to these Terms. Ablaze affluence the appropriate to accomplish changes to these Terms. Ablaze will column apprehension of changes to any one or added of the following: this page, a Site, Web Apps, or Adaptable Apps. You should ensure that you accept apprehend and accede with the best contempo Acceding back you use the Casework and Products. Connected use of the Casework and Articles afterward apprehension of such changes shall announce your acceptance of such changes and acceding to be apprenticed by the revised Terms. IF YOU DO NOT ACCEDE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD ABSTRACT YOUR ARTICLES FROM YOUR ANNUAL AND CEASE ACCESSING OR APPLICATION THE CASEWORK AND PRODUCTS.
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