Wednesday, October 18, 2017

Legal Disclaimers, Privacy Policy & Terms & Conditions

Privacy Policy

Terms and Conditions


LEGAL DISCLAIMERS AND NOTICES

By accessing, viewing or otherwise using this Web site you are agreeing to the following. Please read these disclaimers and notices carefully:

1. This Web site is owned by and under the control of OBS, Inc. (“OBS”). Access to and use of this Web site and all of OBS’ content, services, products, materials, data, information, documentation, databases and systems (“Web Site Content”) are subject to these Disclaimers and Notices, and applicable laws and regulations, all of which are subject to change and revision from time to time without prior notice. From time to time, OBS may (a) supplement or make changes to these Disclaimers and Notices and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of OBS’ system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in this Web site or any Web Site Content. OBS reserves the right to terminate access to this Web site or take other actions it reasonably believes necessary to comply with the law or to protect its rights, affiliates or customers. Any access or attempt to access or use this Web site for any unauthorized or illegal purpose is strictly prohibited.

2. OBS makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of any Web Site Content or recommendations on this Web site. OBS does not represent or endorse the accuracy or reliability of any of the Web Site Content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Web site, nor the quality of any Web Site Content displayed, obtained or purchased by you as a result of your use of this Web site or any Web Site Content. You hereby acknowledge that any reliance upon this Web site, any OBS Web Site Content or any third party Web Site Content shall be at your sole risk. OBS reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Web site or any Web Site Content at any time, with or without notice to you.

3. Without OBS’ prior written consent, which consent may be given or withheld in OBS’ sole discretion, you may not: (a) sell, resell, sublicense, rent, lease or otherwise publicly distribute any Web Site Content, or any part or parts thereof or information contained therein, or any access thereto; (b) use this Web site or any Web Site Content which you access in violation of, or post any information to any OBS owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (c) copy or transfer any Web Site Content; or (d) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of this Web site or Web Site Content, or the selection, coordination or arrangement of the Web Site Content on this Web site.

4. Any information, including but not limited to suggestions, ideas, graphics or other submissions, communicated to OBS through this Web site is deemed non-confidential and is the exclusive property of OBS. OBS is entitled to use any information or ideas submitted for any purpose without restriction and without compensation to or attribution or acknowledgement of the source.

5. Except as otherwise identified, the trademarks, including names, logos, slogans and service marks appearing at this Web site, whether registered or unregistered, are the property of OBS and/or OBS’ affiliates. Such marks are not to be copied, reproduced, published or in any way used without the written permission of OBS or the identified owner of the trademark. Except as otherwise identified, the copyright in the Web Site Content is owned by OBS. No part of this Web site may be published, stored or transmitted in any form or means without the express written permission of OBS. You may download OBS Web Site Content displayed on this Web site for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the OBS Web Site Content.

6. No person may establish Hyperlinks either to this Web site or away from this Web site without the prior written consent of OBS, which consent may be given or withheld in OBS’ sole discretion. In its sole discretion, OBS reserves the right to remove a Hyperlink to this Web site or away from this Web site at any time and for any reason. Contact OBS through our web site ar mobilewatchman.com to request this consent. All Hyperlinks approved shall be to the home page of this Web site. Framing at this Web site is expressly prohibited.

7. OBS advises you to exercise discretion while browsing this Web site and the Internet. In addition, Hyperlinks on this Web site may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Web sites may not be under the control of OBS and OBS does not make any representations concerning any such Web sites which you may access via a Hyperlink from this Web site, and accordingly OBS is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible via a Hyperlink to or from this Web site or for the Hyperlink itself. OBS is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Web site is not and should not imply any endorsement by OBS of such linked Web sites.

8. ALL INFORMATION AND/OR WEB SITE CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. OBS DOES NOT WARRANT THAT ANY WEB SITE CONTENT OR OTHER INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY WEB SITE CONTENT, OTHER INFORMATION OR ANY THIRD PARTY WEB SITE CONTENT USED WITH OR THROUGH OR PROVIDED BY OBS, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION OR WEB SITE CONTENT WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL OBS HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEB SITE OR THE WEB SITE CONTENT, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE OR ANY WEB SITE CONTENT. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE OBS WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, OBS DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUT, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND TRANSACTIONS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING COMPANY’S WEB SITE OR ANY WEB SITE CONTENT.

10. YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS WEB SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE WEB SITE OR ANY SOFTWARE, HARDWARE, INFORMATION, DATA, SYSTEM OR CONTENT OF ANY OTHER USER OF THE WEB SITE OR WEB SITE CONTENT. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD OBS AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.

11. NEITHER OBS NOR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEB SITE, THE WEB SITE CONTENT OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY WEB SITE CONTENT PROVIDED BY OBS THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN THE COMPANY SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT OBS IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

12. If any part or parts of these Disclaimers and Notices are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Disclaimers and Notices affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Web site, the Web Site Content, and any and all other matters between OBS and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Colorado, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Web site or any Web Site Content. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to this Agreement shall be in the state and federal courts situated in Denver, Colorado.

13. You agree to comply with all applicable export laws, regulations and restrictions. Web Site Content OBS places on or makes available through this Web site may contain references or cross references to OBS or third party products, programs and services that are not announced or available in your country. Such references do not imply that either OBS or such third party intends to announce or make available such products, programs or services in your country. Consult OBS or the applicable third party for information regarding any such products, programs or services. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.

14. Communications made by e-mail or though the OBS Web site shall in no way be deemed to constitute legal notice to OBS or any of its divisions, subsidiaries, affiliates, officers, employees, agents or representatives regarding any existing or potential claim, or cause of action against OBS or any of its divisions, subsidiaries, affiliated companies, officers, employees, agents, or representatives, where notice is required by any federal, state or local laws, rules or regulations.

15. Any software which is downloaded from this Web site or other OBS system or service for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subpara­graphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

16. The information and Content on this Web site may use terms that have technical meanings that may be different from their ordinary meanings and require specialist knowledge and expertise to understand properly and use effectively.

  1. If the user has any questions regarding this Web site, the Web Site Content, or these Disclaimers and Notices, contact OBS through mobilewatchman.com.

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PRIVACY POLICY

 

 

This Web site is owned by and under the control of OBS, Inc. (“OBS”). The following policies apply to www.mobilewatchman.com.

 

1. Collection of Information from Web Site Visitors

OBS automatically collects and/or tracks: (1) the Internet Protocol addresses for system administration and auditing site usage; (2) home server domain names, e-mail addresses, type of client computer, and type of Web browser of visitors to OBS’ Web site, (3) the e-mail addresses of visitors that communicate with OBS via e-mail, (4) user-specificinformation on what pages visitors access; and (5) any other information you provide to us through the Web site.

OBS uses Internet cookies and other types of clickstream data on visitors’ hard drives. Internet cookies save, among other things, the visitor’s name, password, user-name, screen preferences, the pages of the Web site viewed by the visitor, and the advertisements viewed or clicked by the visitor. Internet cookies are stored on the visitor’s hard drive and are not stored, in any form, by OBS. Visitors may decline the Internet cookies by using the appropriate feature of their Web client software, if available. If you reject all cookies, you may not be able to use those areas of the OBS Web site that require you to sign in and you may not be able to fully access the Web site.

When a visitor performs a search on OBS’ search engine, OBS records information identifying the visitor or linking the visitor to the search performed. As necessary to provide service, OBS does record limited information for every search request.

2. Use and Disclosure of Personal Information

Personal data, including, but not limited to, your name, address, email address and telephone number (“Personal Information”), that is collected by OBS will not be shared with third parties in a personally-identifiable form but may be used by OBS for purposes including, but not limited to, to protect OBS’ rights, property or to enforce the terms and conditions of this Web site, to comply with laws, regulations, court orders or other legal processes, to contact you or otherwise respond to your request/inquiries, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of user behavior, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of OBS’ Web site. In addition, Personal Information collected by OBS may be added to OBS’ databases and used for future calls and mailings regarding site updates, new products and services and other announcements. OBS may transfer your Personal Information to the subsidiaries, divisions, affiliates or other entities under common ownership with OBS. OBS will not sell, exchange or publish your personal information without your permission, except as noted above or in conjunction with a corporate sale, merger, dissolution, acquisition, or other similar event. You also agree that OBS may share your Personal Information with others who help us with these activities.

3. Use and Disclosure of Anonymous Information

All information that is not personal to you or someone else, including, but not limited to, questions, comments, ideas and suggestions (“Anonymous Information”) shall be deemed non confidential information and owned by OBS. OBS will not obtain visitor’s consent before posting collected data on OBS’ Web site, or sharing, renting, selling, or otherwise disclosing Anonymous Information to third parties. OBS shall be free to disclose and use the Anonymous Information for any purpose and through any means without any obligations whatsoever to you. Further, OBS is free to use any ideas, inventions, concepts, know-how or techniques provided or submitted to OBS for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing new products and services.

4. Opt-Out

Visitors may opt out of having their Personal Information collected, used or disclosed by OBS by contacting OBS. OBS can be contacted by postal mail at191 University Boulevard, Suite 714, Denver, CO 80206;by fax at 303.388.6771; or by e-mail through mobilewatchman.com.

5. Access to and Ability to Correct Personal Data

Upon request via postal mail, e-mail, or phone, OBS will provide to visitors a summary of any Personal Information retained by OBS regarding the visitor. Visitors may modify, correct, change, or update their personal record or cause their personal record to be removed from OBS’ database. OBS will only send personal records to the e-mail address on file for the visitor name associated with it.

6. Collection of Personal Data from Children

OBS’ Web site is not intended for or marketed to persons under the age of 18. OBS does not collect or post information from children under the age of 13 (“children”) unless done so with the authorization of a parent or guardian. OBS does not and will not provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. In the event a child submits information to OBS’ Web site, the child’s parent or guardian will receive an e-mail alerting them to the child’s registration and providing instructions on how the parent could delete the child’s registration, if so desired. No information collected from children is used for any marketing or promotional purposes whatsoever, either inside or outside OBS.

7. OBS’ Right to Contact User

OBS reserves the right to contact site visitors regarding this privacy policy, or any other terms and conditions, policies or agreements relevant to this Web site.

8. OBS’ Right to Change Privacy Policy

OBS reserves the right to change this policy at any time with or without notice. It is your responsibility to check back to this Web site to review revisions and changes to this policy. Specifically, OBS encourages you to review this policy each and every time you visit the Web site.

 

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STANDARD TERMS AND CONDITIONS

General Condition

Products and services furnished by OBS, Inc.(“OBS”) are sold on the terms and conditions stated herein. Notwithstanding any terms or conditions on Customer’s order or other form, OBS’ performance is expressly made conditional on Customer’s agreement to OBS’ following terms and conditions, unless otherwise specifically agreed to in writing by OBS. Acceptance of any product or service by Customer shall be deemed acceptance of the terms and conditions stated herein. All references to “products” in this document shall be deemed to include both hardware and software; provided, that any software shall also be subject to the terms of any license with respect thereto provided by OBS (in which case, to the extent there is any conflict between the terms hereof and the terms of the software license, the terms of such license shall control with respect to the software).

Prices/Payment Terms

All prices and other charges are quoted and shall be paid in United States currency free of all expense to OBS for collection charges. Customer shall pay interest to OBS on any delinquent payment from the due date thereof until paid, at the rate of one and one-half per cent (1-1/2%) per month or such lesser amount as may be established by applicable law. Customer shall pay any future or present sales, use, privilege, occupation, excise or other tax, custom duties, fee or charge of any kind whatsoever, imposed by any governmental authority on the transaction set forth in the Contract.

Terms of payment shall be determined at OBS' sole discretion. Payment for products and services shall be made by credit card or other means with prior approval from OBS. Credit card payments are subject to the approval of the financial institution issuing your credit card, and OBS shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.

Any price quotations provided by OBS shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day OBS accepts the order. All prices are subject to change without notice. The price you pay is set at the time you order.

Shipping

Prices set forth in the contract are F.O.B. OBS’ facility in Louisville, Colorado and are exclusive of all expenses of shipment and delivery, including but not limited to, freight charges, export fees, insurance, taxes, duties, tariffs and other special items (“Shipment Expenses”). Customer shall be responsible for and pay all Shipment Expenses. The shipment terms will be F.O.B. OBS’ facility in Louisville, Colorado. The risk of loss of the products shall pass to the Customer at the F.O.B. point, and delivery to Customer shall be deemed complete at such F.O.B. point. In the event that OBS incurs any additional costs due to the inability of Customer to accept delivery of the products, such additional costs shall be reimbursed immediately to OBS by Customer. Unless otherwise agreed in writing, the products will be packed, crated and/or labeled in accordance with OBS’ customary methods and procedures. All delivery dates specified by OBS are approximate and not guaranteed.

Excused Nonperformance

OBS shall not be liable for any delay, failure, loss or damage resulting from any delay in, failure or inability to complete any manufacturing, shipment, delivery or installation of the products, performance of the services referred to herein or OBS’ obligations, which directly or indirectly arise out of or result from any cause not reasonably within the control of OBS, including but not limited to; (i) an act of God; (ii) the inability to obtain necessary labor, materials or facilities; (iii) any negligence, act, failure to act, or delay in acting caused by or on the part of Customer; (iv) strikes or other labor difficulties arising from any cause whatsoever; (v) accidents or destruction such as fire, explosion, flood, epidemics, war or civil disturbance; and (vi) delays or shortages in transportation.

Warranty

OBS offers a 30-day money-back guarantee on unopened packages, with a 15 percent restocking fee, on the products we sell. For any reason, you may return your purchase for a full refund of the purchase price less applicable restocking fees but only during the first 30 days of the shipping date. Our restocking fee applies to all non-defective and returned items, no exceptions. Shipment Expenses are non-refundable. Products must be returned in original, undamaged, resellable condition with all included accessories, packaging and documentation.

OBS offers a one (1) year warranty on its products to be free of defects in materials and workmanship. The warranty will be fulfilled by repair, or at the option of OBS, replacement of the defective part and covers the cost of the parts only. The warranty is subject to, and the Purchaser agrees to: (i) give OBS written notice of any claimed defect immediately upon discovery, and (ii) provide easy access for OBS to (A) inspect the claimed defective part in the configuration that the defect was discovered; and (B) repair or replace the part. This warranty applies only to the original Customer and is not transferable or assignable. All parts replaced shall be the property of OBS. No warranty is made with respect to: (x) failures or damage due to accident, abuse, improper operation, or abnormal environmental conditions, or (y) problems relating to or resulting from installation or modification.

NO OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE SHALL BE APPLICABLE TO ANY EQUIPMENT, PARTS OR SERVICE SOLD OR DELIVERED HEREUNDER, AND THE FOREGOING SHALL CONSTITUTE THE CUSTOMER’S SOLE RIGHT AND REMEDY UNDER THESE STANDARD SALES TERMS AND CONDITIONS. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND CUSTOMER HEREBY WAIVES THEM.

Limitation Of Remedy / Liability

THE FOREGOING ARE OBS’ SOLE AND EXCLUSIVE OBLIGATIONS AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES ON ACCOUNT OF THE EQUIPMENT, PARTS OR SERVICE THAT DO NOT CONFORM TO THE WARRANTIES ABOVE. LIABILITY FOR THE WARRANTIES MADE HEREIN SHALL NOT EXCEED THE COST OF CORRECTING DEFECTS IN THE PARTS. NOTWITHSTANDING ANY PROVISION OF THE CONTRACT TO THE CONTRARY, IN NO EVENT SHALL OBS BE LIABLE UNDER WARRANTY OR ANY OTHER PART OF THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF OBS WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING ANY PROVISION OF THE CONTRACT TO THE CONTRARY, OBS’ TOTAL COST AND LIABILITY SHALL NOT EXCEED THE PRICE PAID BY THE CUSTOMER FOR THE PRODUCTS OR SERVICES SOLD UNDER THE CONTRACT.

Changes In Details Of Design

OBS reserves the right to make changes in details of design, construction, arrangement or accessories of the products to be furnished, in its sole judgment (including to discontinue such products and the accessories therefore).

Patent Indemnity

If any product is, in OBS’ opinion, likely to or does become the subject of a claim for patent infringement, or in case any such product in such suit is held to constitute infringement and the use of such product is enjoined, OBS may at its expense and option either (i) procure for Customer rights to continue using the infringing product; (ii) replace the infringing product with a non-infringing product; (iii) modify the infringing product so that it becomes non-infringing; or (iv) accept return of the product and refund to Customer the amount paid for the product, less a reasonable rental for past use. The foregoing state OBS’ entire liability for patent infringement by Products.

The preceding paragraph shall not apply to, and OBS shall have no responsibility respecting infringement (i) by use of products furnished hereunder in a manner or for a purpose other than that specified in OBS published literature or other materials furnished by OBS to Customer; (ii) by alteration or additions to the products by Customer or any third party; (iii) by use of products furnished hereunder in combination with other products in a system not designed by OBS; or (iv) by use of products furnished hereunder for practice of a method not designed by OBS.

You hereby agree to give OBS the earliest possible notice in writing of any claim being made or action threatened or brought against you, but in no event later than 30 days after receipt of such claim or action in writing, that a product infringes the patent, copyright, trademark or other intellectual property rights of any third party, and OBS shall be entitled to conduct any litigation that may ensue and have sole control over all negotiations for settlement of the claim.

Confidential and Proprietary Information

All specifications, drawings, designs, data, information, ideas, methods, patents, technical matter, samples and/or inventions made, conceived, developed or acquired by OBS, incident to procuring or carrying out the or any Contract is and shall be the property of OBS.

Waiver

No waiver by a party shall be effective unless in writing and signed by a duly authorized representative of that party. No waiver shall be inferred from a party’s conduct.

Severability

In the event any provision contained herein is invalid as applied to any fact or circumstances, its invalidity shall not affect the validity of any other provisions or of the same provision as applied to any other fact or circumstances.

Dispute Resolution

All matters relating to arbitration hereunder shall be governed by the Federal Arbitration Act. The parties agree that any claims or disputes arising under or in connection with this contract shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between the parties) to final, binding and confidential arbitration by the Denver, Colorado office of the American Arbitration Association (the “AAA”), with such arbitration to be held in Denver, Colorado. Such arbitration shall be conducted under the then prevailing American Arbitration Rules of the AAA (except as such rules may be modified by the terms of this contract), unless otherwise agreed in writing by the parties, and shall be heard by a single arbitrator, who shall be a practicing attorney or retired judge with 15 or more years of legal experience and knowledge of the computer, electronics and/or telecommunications industries. Subject to any terms contained in this contract limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator’s fees and expenses, as applicable. The arbitrator’s award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a class-wide basis, and no arbitration under this contract shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and OBS. Notwithstanding anything to the contrary in this section, OBS shall be free to seek injunctive or other appropriate relief to protect its intellectual property or confidential or proprietary rights (or those of its affiliates or third parties) in any state or federal court in Denver, Colorado or any other court that has or may acquire jurisdiction over such matter anywhere in the world, and each party hereby consents to such jurisdiction and venue and waives (i) any rights it may have to assert the doctrine of forum non-conveniens or similar doctrine or to object to jurisdiction or venue with respect to any such proceeding brought in the foregoing courts, and (ii) any right to trial by jury in any such action or proceeding (and agree it shall be tried before a judge and not a jury). Any final judgment rendered against a party in any such action or proceeding may be enforced in other jurisdictions in any manner provided by law. The provisions of this section constitute a material inducement to the parties to enter into this contract.

Limitations on Use

Customer shall use OBS’ products at Customer’s own risk. Please note that many jurisdictions have laws and regulations about taking pictures or video in public or private areas and regarding the processing and further use of such pictures or video. Customer shall obey all laws and honor the personal rights of others in using the products, and OBS shall not be held liable for failure to do so. Customer shall also obey all applicable laws governing recording of conversations and/or video, and OBS shall not be held liable for failure to do so. The use of OBS systems and their accessories may be prohibited or restricted in certain areas. Customer shall obey applicable law and restrictions regarding usage.

 

Governing Law

The sale of products and services and the Contract shall be governed by the laws of the state of Colorado, without regard to conflict of laws principles. Specifically excluded are the provisions of the UN Convention on the International Sale of Goods (1980) and the UN Convention On the Limitation Period In The International Sale of Goods, as Amended By Protocol.

Assignment

The Contract shall not be assigned without the written approval of duly authorized representatives of OBS.

Entire Agreement/Amendments

The terms and conditions contained herein and in the Contract, if any, constitute the entire agreement and understanding between OBS and the Customer with respect to the products and services, if any, to be sold or performed hereunder. The terms and conditions contained herein and those contained in the Contract shall supersede and prevail over (i) all prior communications between OBS and Customer, including but not limited to any oral or written proposals, purchase orders or other documents; and (ii) all future purchase orders and other documents. Approval by OBS of any “acceptance” by Customer which is contained in a sales contract or other document of Customer shall not be construed as consent by OBS to any terms or conditions proposed by Customer which are inconsistent with, add to, or conflict with the terms and conditions of the Contract. All amendments or modifications to the Contract must be in writing and signed by authorized representatives of both OBS and Customer.

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