Legal

These Website Terms and Conditions apply to the Icontrol Networks Canada, Inc. d/b/a Piper website located at www.blacksumac.com and the Piper website located at http://getpiper.com/ (collectively, the “Site”) and all associated sites around the world that these Terms and Conditions are linked to by Icontrol Networks, Inc. and it affiliates (“Icontrol”) and is an agreement between Icontrol and the person or entity that is using the Site (“you,” “your” or “yours”). These Website Terms and Conditions, together with our Privacy Policy https://getpiper.com/privacy-policy/ and any additional terms, policies, rules, or guidelines referred to herein (collectively, the “Terms”), as may be updated from time to time, govern your use of the Site and purchase of items such as Icontrol’s Piper equipment and other products and accessories (“Products”) through the Site. The Site is the property of Icontrol and its licensors.

By using the Site, you agree to these Terms; if you do not agree, do not use the Site.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, OR THAT IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE YOU ARE EITHER AN EMANCIPATED MINOR OR HAVE THE LEGAL PERMISSION OF YOUR PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT. YOU FURTHER REPRESENT THAT YOU MAY LEGALLY ENTER INTO THESE TERMS AND THAT YOU AGREE WITH THESE TERMS.

IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY USE THE SITE BUT YOU MAY NOT PURCHASE PRODUCTS OR PROVIDE ANY PERSONAL INFORMATION TO ICONTROL.

These Terms provide that all disputes between you and Icontrol will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review Section 15 (DISPUTE RESOLUTION AND ARBITRATION) for the details regarding your agreement to arbitrate any disputes with Icontrol.

ICONTROL MAY CHANGE THESE TERMS FROM TIME TO TIME. YOU AGREE TO REVIEW THESE TERMS FREQUENTLY TO NOTIFY YOURSELF OF SUCH CHANGES. IF A CHANGE TO THESE TERMS MATERIALLY MODIFIES YOUR RIGHTS OR OBLIGATIONS, WE MAY PROVIDE NOTICE THROUGH A POP-UP OR BANNER WITHIN THE SITE OR THROUGH OTHER MECHANISMS. FOR THE AVOIDANCE OF DOUBT, DISPUTES ARISING UNDER THIS AGREEMENT WILL BE RESOLVED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT IN EFFECT AT THE TIME THE DISPUTE AROSE.

1. SITE CONTENT. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed to Icontrol, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Icontrol’s express prior written consent. You may use information on Icontrol products and services (such as data sheets, manuals, and similar materials) purposely made available by Icontrol for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. Icontrol reserves all rights to the Content not granted expressly in these Terms.

2. YOUR USE OF THE SITE. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Icontrol reserves the right to bar any such activity. You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Icontrol server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Icontrol, including any Icontrol account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Icontrol’s systems or networks, or any systems or networks connected to the Site or to Icontrol. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Icontrol on or through the Site or any service offered on or through the Site. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You will not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Icontrol or others. You will not attempt to do any of the foregoing in this Section 2, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 2.

3. TERMS OF PURCHASE.

(a) Products. All Products offered through the Site are subject to availability. Prices for the Products are subject to change without notice at any time. If you purchase a Product through the Site, you represent that you are purchasing for your own internal use and not for resale.

(b) Shipping and Title Transfer. Separate charges for shipping may be added to the cost of the Products. Title to the Products passes to you upon Icontrol’s delivery of the Products to the first common carrier. Title to any applicable software will remain with Icontrol or the applicable licensor(s).

(c) Payment. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars or the currency indicated at check-out, and are non-refundable. Icontrol may change the prices for the Products at any time. Icontrol, through our designated third party payment processor, will charge the payment method you specify at the time of purchase. You authorize Icontrol and our third party payment processor to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, pre-authorization of your credit card account may be sought prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

(d) Taxes. All applicable local, city, and state taxes are your responsibility and you agree to pay these taxes. Depending on the order, the applicable tax may be added to your order.

(e) Returns. The Return Policy https://getpiper.com/return-policy/ that is in effect on the date of Icontrol’s shipment of your order applies to Products purchased by you.

(f) Limited Warranty. The Limited Warranty https://getpiper.com/return-policy/ that is in effect on the date of Icontrol’s shipment of your order applies to Products purchased by you.

(g) Service. Terms applicable to Icontrol’s home security and automation services available through the Piper product are contained in End User License Agreement and Terms of Service. Note that ICONTROL DOES PROVIDE A MONITORED SECURITY SERVICE AND THE PIPER PRODUCT IS NOT TO BE RELIED UPON FOR LIFE SAFETY. ICONTROL MAKES NO GUARANTEES REGARDING SERVICE LEVELS, SERVICE AVAILABILITY OR HOW LONG ICONTROL WILL CONTINUE TO PROVIDE THE SERVICES.

(h) Product Changes. Icontrol may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Icontrol makes no commitment to update the materials on the Site with respect to such products and services.

4. ACCOUNTS, PASSWORDS AND SECURITY. You do not need to register to view the Site but you may be required to open an account in order to purchase Products or to access certain features or services offered on or through the Site. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Icontrol immediately of any unauthorized use of your account or password, or any other breach of security. You acknowledge and agree that you may be held liable for losses incurred by Icontrol or any other user of or visitor to the Site due to someone else using your Icontrol user ID, password or account as a result of your failure to keep your account information secure and confidential. You agree not use anyone else’s Icontrol user ID, password or account at any time without the express permission and consent of the holder of that Icontrol user ID, password or account. Icontrol cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. PRIVACY POLICY; ADDITIONAL TERMS.

(a) Privacy Policy. Please read the Privacy Policy https://getpiper.com/privacy-policy/ carefully for information relating to our collection, use, storage and disclosure of your personal information.

(b) Additional Terms. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, and all of these terms form an integral part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. Icontrol’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

6. USER CONTENT.

(a) Generally. Certain features of the Site may permit users to post content, such as comments or questions (collectively, “User Content”). By posting User Content, you grant Icontrol a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

(b) Representations and Warranties. You are solely responsible for your User Content and the consequences of posting User Content. By posting User Content, you represent, and warrant that: (1) you have the necessary licenses, rights, consents, and permissions to do so and to grant to Icontrol the licenses granted by you in this Section 6; and (2) your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.

(c) No Obligation. Icontrol makes no representations that it will publish or make available on the Site any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content, or to remove any User Content at any time with or without notice. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

7. DIGITAL MILLENNIUM COPYRIGHT ACT.

(a) DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Site, you may contact our Designated Agent at the following address: Icontrol Networks Canada, Inc. d/b/a Piper
8281 Greensboro Drive, Suite 100,
Tysons, VA 22102, USA.

Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of the material that you claim is infringing and where it is located on the Site;

(4) your address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

(6) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

(b) Repeat Infringers. Icontrol will promptly terminate without notice the accounts of users that are determined by Icontrol to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.

8. LINKS TO OTHER SERVICES. This Site may contain links to other independent third party websites (“Linked Services”). These Linked Services are provided solely as a convenience to our visitors. Such Linked Services are not under Icontrol’s control, and Icontrol is not responsible for and does not endorse the content of such Linked Services, including any information or materials contained on such Linked Services. You will need to make your own independent judgment regarding your interaction with these Linked Services.

9. DISCLAIMERS. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 3(f) (LIMITED WARRANTY), ICONTROL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR PRODUCTS WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ICONTROL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 3(f) (LIMITED WARRANTY), ICONTROL AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ICONTROL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF ICONTROL’S SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND OPINIONS EXPRESSED IN THIRD PARTY FEEDBACK OR COMMENTS PUBLISHED TO THE SITE, IF ANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ICONTROL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER REMEDIES THAT VARY FROM JURISDICTION TO JURISDICTION.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

10. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE. If you violate any provision of these Terms, your permission to use the Site will terminate automatically. Icontrol reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICONTROL BE LIABLE TO YOU OR ANY PARTY FOR ANY LOST PROFITS, LOSS OF USE, COST OF COVER OR OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHETHER ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF ICONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICONTROL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, Icontrol IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, Icontrol’S SOLE LIABILITY TO YOU WILL IN NO EVENT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY OR (II) US$100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

12. INDEMNITY. You agree to indemnify and hold Icontrol, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal expenses), made against Icontrol by any third party due to or arising out of or in connection with your use of the Site.

13. VIOLATION OF THESE TERMS. You agree that Icontrol may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Icontrol, for which monetary damages would be inadequate, and you consent to Icontrol obtaining any injunctive or equitable relief that Icontrol deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Icontrol may have at law or in equity. You agree that Icontrol may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any product or service offered on or through the Site, or (4) unexpected technical issues or problems. You agree that Icontrol will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

14. GOVERNING LAW. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Icontrol agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes.

15. DISPUTE RESOLUTION AND ARBITRATION.

(a) Generally. In the interest of resolving disputes between you and Icontrol in the most expedient and cost effective manner, you and Icontrol agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Icontrol ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Notwithstanding Section 15(a), you and Icontrol agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief or other provisional relief in aid of arbitration from a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

(c) Arbitrator. Any arbitration between you and Icontrol will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Icontrol.

(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Icontrol’s address for Notice is: Icontrol Networks Canada, Inc. d/b/a Piper
8281 Greensboro Drive, Suite 100,
Tysons, VA 22102, USA. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Icontrol may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Icontrol will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Icontrol will pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Icontrol in settlement of the dispute prior to the arbitrator’s award or (iii) $1,000.00, whichever is greater.

(e) Fees. In the event that you commence arbitration in accordance with these Terms, Icontrol will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Icontrol for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND Icontrol AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Icontrol agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(g) Modifications. In the event that Icontrol makes any future change to this arbitration provision (other than a change to Icontrol’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Icontrol’s address for Notice, in which case your account with Icontrol will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

(h) Enforceability. If Section 15(f) is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.

16. INTERNATIONAL USE; VOID WHERE PROHIBITED. Icontrol reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on the Site may refer to products, programs or services that are not available in your country. Contact Icontrol directly at info@getpiper.com for information regarding the products, programs, and services that may be available to you. Access to this Site from territories where the Site is illegal is prohibited. If you access this Site from a location outside of Canada, you do so on your own initiative and you are solely responsible for compliance with all local laws.

17. MISCELLANEOUS. You will not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation applicable export laws and regulations. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Icontrol with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Icontrol with respect to such use are hereby superseded and cancelled. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. Other than as provided in a purchase agreement you enter into with Icontrol, Icontrol will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Icontrol’s failure to insist on or enforce strict performance of these Terms will not be construed as a waiver by Icontrol of any provision or any right it has to enforce these Terms, nor will any course of conduct between Icontrol and you or any other party be deemed to modify any provision of these Terms. These Terms will not be interpreted or construed to confer any rights or remedies on any third parties. Upon termination of these Terms, Sections 3(d), (e), (f) and (g), 9, 11 12, 14, 15 and 17-21 will survive.

18. FEEDBACK. If you provide Icontrol with any comments, feedback, or modifications proposed or suggested by you to the Site or Products or services sold through the Site (“Feedback”), Icontrol will have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site, Products or Icontrol’s services. You hereby grant Icontrol a perpetual, irrevocable, worldwide, royalty-free, fully paid, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

19. CONSENT TO ELECTRONIC COMMUNICATIONS. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. CONTACT INFORMATION. If you have any questions, comments, complaints or claims about the Software or this Agreement, you may contact Icontrol at: Icontrol Networks Canada, Inc. d/b/a Piper
8281 Greensboro Drive, Suite 100,
Tysons, VA 22102, USA.  Email: support@getpiper.com. You may request a copy of this Agreement by emailing us at this address.

21. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

About Sales Tax

Items sold by Icontrol Networks, Inc. and shipped to certain states are subject to tax. Items sold by Icontrol Networks, Inc., or its subsidiaries, and shipped to destinations in the following states are subject to tax:

California, Colorado, Florida, Georgia, Illinois, Nevada, New York, Pennsylvania, Texas, Virginia

How Sales Tax is Calculated 

If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an item will generally include item-level shipping and handling charges, item-level discounts, gift-wrap charges, and an allocation of order-level shipping and handling charges and order-level discounts.

The amount of tax charged on your order will depend upon many factors including Identity of the seller, type of item purchased, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.”

Copyright © 2017 Icontrol Networks Canada, Inc. d/b/a Piper

All Rights Reserved. PIPER and the PIPER logo are trademarks of Icontrol and may not be used without prior written permission.