Terms & Conditions
Sense Labs, Inc. (“Sense Labs”) provides the Sense home
energy monitor for analysis of home electrical use. Sense is composed of
(1) hardware (“Hardware”) and software embedded in the hardware (“Software”), (together,
“Product”), and (2) a Sense user account and applications and services made
available to you through mobile devices and/or our website (https://sense.com) (the “Site”) (collectively,
the “Service”). Together the Product and Service are called “Sense”.
These Terms & Conditions govern your purchase and use of
Sense and the Site. These Terms & Conditions give you specific legal
rights, and you may also have other legal rights, which vary from jurisdiction
to jurisdiction. The disclaimers, exclusions, and limitations of liability
under these Terms & Conditions will not apply to the extent prohibited by
applicable law. Some jurisdictions do not allow the exclusion of implied
warranties or the exclusion or limitation of incidental or consequential
damages or other rights, so those provisions of these Terms & Conditions
may not apply to you.
THIS IS A LEGAL AGREEMENT. BY PURCHASING SENSE OR USING THE
SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF
OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU
HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS &
CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT
THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER
INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE
TERMS & CONDITIONS, YOU SHOULD DISCONNECT SENSE AND CEASE USING IT AND/OR
YOU SHOULD STOP USING THE SITE.
We reserve the right to change these Terms & Conditions
at any time, so please review the Terms & Conditions each time prior to
making a purchase from Sense or visiting the Site. Every time you order Sense
or visit the Site, the Terms & Conditions in force at that time will apply
between you and Sense Labs. If you have any questions regarding these Terms
& Conditions, you can contact Sense Labs as provided herein.
The Site is for retail sales to private consumers only.
Please contact email@example.com if you wish to purchase wholesale
Although our Site is accessible worldwide, Sense is designed
and tested only for use in the United States. If you choose to install and use
Sense outside the United States, you do so on your own initiative and you are
solely responsible for complying with applicable local laws in your country. To
the extent permissible by law, Sense Labs accepts no responsibility or
liability for any damage or loss caused by your installation and use of Sense
outside the United States.
(a) Hardware Limited Warranty. Sense Labs warrants that
the hardware will be free from defects in materials and workmanship for a
period of one (1) year from the date of delivery following the original retail
purchase (the “Hardware Warranty Period”). If the hardware fails to conform to
this Hardware Limited Warranty during the Hardware Warranty Period, Sense Labs
will, at its sole discretion, either (a) repair or replace any defective hardware
or component; or (b) accept the return of the hardware and refund the money
actually paid by the original purchaser for the hardware. Repair or replacement
may be made with a new or refurbished product or components, at Sense Labs’
sole discretion. If the hardware or a component incorporated within it is no
longer available, Sense Labs may, at Sense Labs’ sole discretion, replace the hardware
with a similar product of similar or greater function. This is your sole and
exclusive remedy for breach of this Hardware Limited Warranty. Any hardware
that has either been repaired or replaced under this Hardware Limited Warranty
will be covered by the terms of this Hardware Limited Warranty for the longer
of (a) ninety (90) days from the date of delivery of the repaired hardware or
replacement hardware, or (b) the remaining Hardware Warranty Period. This Hardware
Limited Warranty is transferable from the original purchaser to subsequent
owners, but the Hardware Warranty Period will not be extended in duration or
expanded in coverage for any such transfer.
(b) Hardware Warranty Conditions. Before making a claim
under this Hardware Limited Warranty, the owner of the hardware must (a) notify
Sense Labs of the intention to claim by visiting https://help.sense.com during the Hardware
Warranty Period and provide a description of the failure, and (b) comply with Sense
Labs’ return shipping instructions. Sense Labs will have no warranty
obligations with respect to returned hardware if it determines, in its
reasonable discretion after examination of the returned hardware, that the hardware
is an Ineligible Hardware (as defined below). Sense Labs will bear all costs of
return shipping to owner and will reimburse any shipping costs incurred by the
owner, except with respect to any Ineligible Hardware, for which owner will
bear all shipping costs.
(c) Hardware Warranty Exclusions. This Hardware Limited
Warranty does not cover the following (collectively “Ineligible Hardware”): hardware
marked as “Not for Sale”, or hardware that have been subject to: (a)
modifications, alterations, tampering, or improper maintenance or repairs; (b)
handling, storage, installation, testing, or use not in accordance with the Installation
Guide or other instructions provided by Sense Labs; (c) abuse or misuse of the hardware;
(d) breakdowns, fluctuations, or interruptions in electric power; or (e) acts of
God, including, but not limited to, lightning, flood, tornado, earthquake, or
hurricane. Sense Labs strongly recommends that you use only licensed
electricians for installation. Unauthorized use of the hardware or software can
impair the hardware’s performance and may invalidate this Hardware Limited
“Software”, as defined above, refers to the software running
on the Hardware. It does not refer to the mobile client application or
the the web application.
(a) License. Subject to these Terms & Conditions, Sense
Labs grants to you a limited and nonexclusive license (without the right to
sublicense) to execute one (1) copy of the Software, in executable object code
form only, solely on the Hardware that you own or control and solely for use in
conjunction with the Product for your personal purposes.
(b) Restrictions. You agree not to, and you will not permit
others to, (a) license, sell, rent, lease, assign, distribute, transmit, host,
outsource, disclose or otherwise commercially exploit the Software or make the
Software available to any third party, (b) copy or use the Software for any
purpose other than as permitted in Section 2(a), (c) use any portion of the
Software on any device or computer other than the Hardware, (d) remove or alter
any trademark, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software, or (e) modify, make derivative works of, disassemble,
reverse compile, reverse engineer, or unencrypt any part of the Software or
communication protocols used by the Software and Service (except to the extent
applicable laws specifically prohibit such restriction for interoperability
purposes, in which case you agree to first contact Sense Labs and provide Sense
Labs an opportunity to create such changes as are needed for interoperability
purposes). You may not release the results of any performance or functional
evaluation of any of the Software to any third party without prior written
approval of Sense Labs for each such release.
(c) Automatic Software Updates. Sense Labs may from time to
time develop patches, bug fixes, updates, upgrades and other modifications to
improve the performance of the Software and related services (“Updates”). These
may be automatically installed without providing any additional notice or
receiving any additional consent. You consent to this automatic update. If you
do not want such Updates, your remedy is to stop using the Product. If you do
not cease using the Product, you will receive Updates automatically. You
acknowledge that you may be required to install Updates to use the Product and
the Software and you agree to promptly install any Updates provided. Your
continued use of the Product is your agreement to the terms of this Section 2.
(d) Ownership. The Software and all worldwide copyrights,
trade secrets, and other intellectual property rights therein are the exclusive
property of Sense Labs and its licensors. Sense Labs and its licensors reserve
all rights in and to the Software not expressly granted to you herein. The Software
(and all copies thereof) is licensed to you, not sold to you, under this
Section 2. There are no implied licenses herein. All suggestions or feedback
provided by you to Sense Labs with respect to the Software shall be Sense Labs’
property. Sense Labs may use, copy, modify, publish, or redistribute the
submission and its contents for any purpose and in any way without any
compensation to you. You also agree that Sense Labs does not waive any rights
to use similar or related ideas previously known to Sense Labs, developed by
its employees, or obtained from other sources.
(e) Term and Termination. The license granted hereunder is
effective on the date you first purchase Sense and shall continue for as long
as you own Sense, unless this license is terminated as provided herein. Sense
Labs may terminate the license at any time if you fail to comply with any
term(s) hereof. You may terminate the license effective immediately upon
written notice to Sense Labs. Upon such termination, the license granted
hereunder will terminate and you must stop all use of the Software.
(f) Limitations of Software. Sense Labs does not guarantee
or promise any specific level of energy savings or other monetary benefit from
the use of the Product or Software or any feature of them. Actual energy
savings and monetary benefits vary with factors beyond Sense Labs’ control or
(g) Confidentiality. The Software is
confidential information of Sense Labs. You shall use your best efforts to
preserve and protect the confidentiality of the Software at all times.
(a) Account. To use the Service, you must register for
a user account (“Account”) and provide certain information about yourself as
prompted by the applicable registration form. You represent and warrant that:
(a) all required registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; and (c) your use of the
Service does not violate any U.S. or other applicable law or regulation (e.g.,
you are not located in an embargoed country or are not listed as a prohibited
or restricted party under applicable export control laws and regulations). You
are entirely responsible for maintaining the confidentiality of your Account
login information and for all activities that occur under your Account.
(b) Access and Use of the Service. Subject to these Terms
& Conditions, Sense Labs grants you a non-exclusive, right (without the
right to sublicense) to access and use the Service by using the applications
available on https://sense.com/app in
connection with controlling and monitoring the Product. The Service includes materials
that may be provided by Sense Labs or by third party licensors which are
displayed or performed on the Service, including, but not limited to, text,
graphics, articles, photographs, video, images, and illustrations.
(c) Ownership and Intellectual Property
(i) Sense Labs Property. You acknowledge that all
intellectual property rights, including without limitation copyrights, patents,
trademarks, and trade secrets, in Sense are owned by Sense Labs or our
licensors. Your possession, access, and use of the Product, Software, and
Service do not transfer to you or any third party any rights, title, or
interest in or to such intellectual property rights. Sense Labs and its
licensors reserve all rights not granted in these Terms & Conditions.
(ii) Feedback. You may choose to, or Sense Labs may
invite you to submit comments, suggestions, or ideas about the Product or
Service, including how to improve Sense (“Feedback”). By submitting any Feedback,
you agree that your submissions are voluntary, gratuitous, unsolicited, and
without restriction and will not place Sense Labs under any fiduciary or other
obligation. Sense Labs may use, copy, modify, publish, or redistribute the
submission and its contents for any purpose and in any way without any compensation
to you. You also agree that Sense Labs does not waive any rights to use similar
or related ideas previously known to Sense Labs, developed by its employees, or
obtained from other sources. You hereby grant us with a nonexclusive,
worldwide, royalty-free, perpetual, irrevocable, sublicenseable and
transferable right to access, display, or otherwise use your Feedback
(including all related intellectual property rights) solely in connection
(iii) Customer Data. All data generated from Sense relating
to your electrical use is yours (“Customer Data”). Sense Labs’ sole use
of such Customer Data shall be in connection with the performance of Sense and
the provision of the Service to you. Sense Labs may use the Customer Data
for its internal business purposes and in connection with development and
information relating to Sense Labs’ practices regarding the Customer Data that Sense
Labs may collect from users of Sense and how we will use that data.
(iv) Data protection and privacy laws where you live may
impose certain responsibilities on you and your use of the Product and Service.
You agree that you (and not Sense Labs) are responsible for ensuring that you
comply with any applicable laws when you use the Product and Service.
(d) Certain Restrictions. The rights granted to you in these
Terms & Conditions are subject to the following restrictions: (i) you agree
not to license, sell, rent, lease, distribute, host, or otherwise commercially
exploit the Service; (ii) you agree not to modify, make derivative works of,
disassemble, reverse compile, or reverse engineer any part of the Service;
(iii) you agree not to access the Service in order to build a similar or
competitive service; (iv) except as expressly stated herein, no part of the
Service may be copied, reproduced, distributed, republished, downloaded,
displayed, posted, or transmitted in any form or by any means; (v) you agree
not to upload, transmit, or distribute any computer viruses, worms, or any
software intended to damage or alter the Service or the Software; (vi) you
agree not to interfere with, disrupt, or attempt to gain unauthorized access
to, the servers or networks connected to the Service or violate the
regulations, policies, or procedures of such networks; (vii) you agree not to
access (or attempt to access) any of the Service by means other than through
the interface that is provided by Sense Labs; and (viii) you agree not to
remove, obscure or alter any proprietary rights notices (including copyrights
and trademark notices) which may be contained in or displayed in connection
with the Service. Any future release, update, or other addition to functionality
of the Service shall be subject to these Terms & Conditions.
(e) Security. Sense Labs uses industry best practices
to ensure the integrity and security of your personal information. However, Sense
Labs cannot guarantee that unauthorized third parties will never be able to
defeat our security measures or use your personal information for improper
purposes. You acknowledge that you provide your personal information at your
(f) Modification. Sense Labs reserves the right, at any
time, to modify, suspend, or discontinue the Service or any part thereof with
or without notice. You agree that Sense Labs will not be liable to you or to
any third party for any modification, suspension, or discontinuance of the
Service or any part thereof.
(g) Agreed Usage and Limitations Of Service
(i) Intended Use of Service. The Service is intended to be
accessed and used for non-time-critical information relating to the Product.
While we aim for the Service to be highly reliable and available, it is not
intended to be reliable or available 100% of the time. The Service is subject
to sporadic interruptions and failures for a variety of reasons beyond Sense
Labs’ control, including Internet connectivity, Wi-Fi intermittency and
availability, service provider uptime, mobile notifications and carriers, among
others. You acknowledge these limitations and agree that Sense Labs is not
responsible for any damages allegedly caused by the failure or delay of the
Service to reflect current status or notifications.
(ii) Reliability of Information. You acknowledge that
the Service, including remote access and information, is not intended to be
100% reliable and 100% available. We cannot and do not guarantee that you will
receive information in any given time or at all. YOU AGREE THAT YOU WILL NOT
RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. INFORMATION FROM SENSE
IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY – IT IS NOT A SUBSTITUTE FOR A
THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
(iii) Temporary Suspension. The Service may be suspended
temporarily without notice for security reasons, system failure, maintenance
and repair, or other circumstances. You agree that you will not be entitled to
any refund or rebate for such suspensions. Sense Labs does not offer any
specific uptime guarantee for the Service.
(iv) System Requirements. The Service will not be accessible
without: (i) a working Wi-Fi network in your home that is positioned and
configured to communicate reliably with the Product; (ii) an Account; (iii) mobile
clients such as a supported phone or tablet; (iv) always-on broadband Internet
access in your home; and (v) other system elements that may be specified by Sense
Labs. It is your responsibility to ensure that you have all required system
elements and that they are compatible and properly configured. You acknowledge
that the Service may not work as described when the requirements and
compatibility have not been met.
(v) Energy Savings and other Benefits. Sense Labs does not
guarantee or promise any specific level of energy savings or other monetary
benefit from the use of the Product or Service or any feature thereof. Actual
energy savings and monetary benefits vary with factors beyond Sense Labs’
control or knowledge. From time to time, Sense Labs may use the Service to
provide you with information that is unique to you and your energy usage and
suggests an opportunity to save money on energy bills if you adopt suggestions
or features of the Product or Service. We do this to highlight an opportunity
based on our analysis and information about you and your household. You
acknowledge that these recommendations are not a guarantee of actual savings,
and you agree not to seek monetary or other remedies from Sense Labs if your
(h) Limitations Of the Service Due to Third Parties.
(i) General. The Service relies on or interoperates with
third party products. These third party products and services are beyond Sense
Labs’ control, but their operation may impact or be impacted by the use and
reliability of the Service.
(ii) Third Party Service Providers Used By Sense Labs. You
acknowledge that Sense Labs uses third party service providers to enable some
aspects of the Service – such as, for example, data storage, synchronization,
and communication through Amazon Web Services, and mobile device notifications
through mobile operating system vendors and mobile carriers.
(iii) Equipment, ISP, and Carrier. You acknowledge that the
availability of the Service is dependent on (i) your computer, mobile device,
home wiring, home Wi-Fi network, Bluetooth connection, and other related
equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii)
your mobile device carrier (“Carrier”). You acknowledge that you are
responsible for all fees charged by your ISP and Carrier in connection with
your use of the Service. You also acknowledge that you are responsible for
policies of your ISP and Carrier.
(iv) App Stores. You acknowledge and agree that the
availability of the mobile application is dependent on the third party websites
from which you download the mobile application, e.g., the App Store from Apple
or the Android app market from Google (each an “App Store”). You acknowledge
that these Terms & Conditions are between you and Sense Labs, and not with
an App Store. Each App Store may have its own terms and conditions to which you
must agree before downloading mobile applications from it. You agree to comply
with, and your license to use the mobile applications is conditioned upon your
compliance with, such App Store terms and conditions. To the extent such other
terms and conditions from such App Store are less restrictive than, or
otherwise conflict with, the terms and conditions of these Terms &
Conditions, the more restrictive or conflicting terms and conditions in these
Terms & Conditions apply.
4. 30-Day Return Policy
You may return Sense for any reason within 30 days of the date of delivery
following the original retail purchase (the "Cancellation Period")
for a full refund of your purchase price. To do this, you must inform us of
your decision within the Cancellation Period by contacting Sense Labs customer
support (https://help.sense.com) and
clearly stating your desire to return Sense. Although it will not affect your
right to a refund, please provide details on where and when you purchased Sense
and your reason for returning Sense. Sense Labs customer service will provide
you with a Return Materials Authorization ("RMA") that must be
included with your return shipment to Sense Labs so Sense Labs can identify
To receive a refund, you must return Sense with an RMA
within the 14 days following the day on which you notify Sense Labs customer
support that you desire to return Sense. Unless Sense is faulty or not as
described, you will be responsible for all costs associated with returning Sense
to us. We will refund the price you paid for Sense plus original delivery cost
(up to the value of our ground delivery option). We may reduce the amount of
your refund to reflect any reduction in the value of Sense, as determined in
our sole discretion, caused by your handling Sense in a way which goes beyond
what is necessary to establish their nature, characteristics and functioning
(e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible
and, in any case, within 30 days from the date of receipt by Sense Labs of the
returned Sense. Sense is not eligible for a refund after the 30-day period.
5. Commercial Terms
(a) Payment. By providing a credit card or other payment method accepted by Sense
Labs, you represent and warrant that you are authorized to use the designated
payment method and that you authorize us (or our third-party payment processor)
to charge your payment method for the total amount of your order (including any
applicable taxes and other charges). If the payment method you provide cannot
be verified, is invalid or is otherwise not acceptable, your order may be
suspended or cancelled. You must resolve any problem we encounter in order to
proceed with your order. In the event you want to change or update payment
information associated with your Sense Labs account, you can do so at any time
by logging into your account and editing your payment information.
(b) Availability and Pricing. Sense is subject to
availability, and we reserve the right to impose quantity limits on any order,
to reject all or part of an order and to discontinue offering Sense without
prior notice. Prices for Sense are subject to change at any time, but changes
will not affect any order for Sense you have already placed.
(c) Sales Tax. Depending on the order, Sense Labs calculates
and charges sales tax in accordance with applicable laws.
(d) Title Transfer. Purchases are intended for end users
only. Title to the Hardware passes to the purchaser at the time of delivery by Sense
Labs to the freight carrier, but Sense Labs and/or the freight carrier will be
responsible for any Product loss or damage that occurs when the Product is in
transit to you.
(e) Shipping and Delivery. Prices for Sense do not include
shipping costs. Our delivery charges and methods are as described on our Site from
time to time.
(f) Order Information. By placing an order for
Sense, you agree and understand that Sense Labs may store, share, process and
use data collected from your order form or phone/fax/email order for the
purposes of processing the order. Sense Labs shall protect your information in
Sense Labs works with other companies that help Sense Labs provide Sense to
you, such as freight carriers and credit card processing companies, and Sense
Labs may have to share certain information with these companies for this
6. Installation and Compliance with Laws.
(a) Installation. There may be laws in the jurisdiction in
which you install the Product applicable to where and how to install the Product.
You should check that you are in compliance with all relevant laws and codes in
your jurisdiction. Sense Labs is not responsible for any injury or damage
caused by installation. UNLESS YOU ARE A LICENSED ELECTRICIAN YOU SHOULD NOT
ATTEMPT TO INSTALL THE PRODUCT. ONLY A LICENSED ELECTRICIAN SHOULD INSTALL THE
PRODUCT. ELECTRICUTION, INCLUDING PERSONAL INJURY OR DEATH, AND DAMAGE OR
DESTRUCTION OF PROPERTY COULD OCCUR IF THE PRODUCT IS INCORRECTLY INSTALLED.
Sense is connected to dangerous voltages. Improper use or
installation can be dangerous or even fatal. Please make sure that the
installation is done by a qualified professional, and that you follow these
guidelines for installation and use: (i) Have the installation done by a
qualified electrician, according to local electrical codes. (ii) Do not try to
open the Sense monitor, touch any internal parts, or try to repair it without
first contacting Sense support. (iii) If you believe the monitor, CTs, or
cables may have been damaged, do not try to use them. Please contact Sense
support. 4) Use the Sense monitor only in the United States, and only with a
60Hz 120V/240V split phase system. 5) Install the Sense monitor where it will
not be exposed to direct sunlight or extremely low or high temperatures. No
exposure to water. Relative Humidity < 90%; Elevation < 3000 meters;
Temperature 0 - 50C.
(b) Compliance with Laws. Sense is not intended for
use outside of the United States. You are responsible for complying with all
applicable laws and regulations of the country for which the Product is
destined. We are not liable or responsible if you break any such law.
7. Warranty Disclaimer. EXCEPT AS SPECIFICALLY SET
FORTH HEREIN, SENSE, EXPRESSLY INCLUDING THE HARDWARE, SOFTWARE, SERVICE
AND SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND SENSE LABS AND OUR
LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND
NON-INFRINGEMENT. SENSE LABS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT
DEFECTS WILL BE CORRECTED OR THAT SENSE: (I) WILL MEET YOUR REQUIREMENTS; (II)
WILL BE COMPATIBLE WITH YOUR ELECTRICAL SYSTEM, HOME NETWORK, COMPUTER OR
MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE OR PRODUCE SPECIFIC
RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM SENSE LABS OR THOUGH SENSE SHALL CREATE ANY WARRANTY. WHEN YOU INSTALL,
SETUP OR USE SENSE YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE
PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO
NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME
ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR
Sense provides you information (“Product Information”)
regarding the products in your home. All Product Information is provided “as
is” and “as available”. We cannot guarantee that it is correct or up to date.
In cases where it is critical, accessing Product Information through Sense is
not a substitute for direct access of the information in the home.
8. Indemnity. You agree to defend, indemnify and hold
Sense Labs and its licensors and suppliers harmless from any damages,
liabilities, claims or demands (including costs and attorneys’ fees) made by
any third party due to or arising out of (i) your use of Sense, (ii) your
violation of these Terms & Conditions, (iii) Feedback you provide; or (iv)
your violation of any law or the rights of any third party. Sense Labs reserves
the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify Sense Labs and you agree to
cooperate with our defense of such claims. You agree not to settle any such
claim without Sense Labs’ prior written consent. Sense Labs will use reasonable
efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
9. Limitation of Liability. Nothing in these Terms
& Conditions and in particular within this "Limitation of
Liability" section shall attempt to exclude or limit liability that cannot
be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SENSE LABS BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL
DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR
RELATING TO SENSE, EVEN IF SENSE LABS KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, AND (B) SENSE LABS’ TOTAL CUMULATIVE LIABILITY
ARISING FROM OR RELATED TO SENSE, WHETHER IN CONTRACT OR TORT OR OTHERWISE,
EXCEED THE FEES ACTUALLY PAID BY YOU TO SENSE LABS FOR SENSE IN THE PRIOR SIX
(6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY
THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SENSE LABS DISCLAIMS ALL
LIABILITY OF ANY KIND OF SENSE LABS’ LICENSORS AND SUPPLIERS.
10. Electronic Communications. You are communicating
with Sense Labs electronically when you use our Site or send email to Sense
Labs. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. When you order from our Site,
we collect and store your email address. From that point forward, your email
address is used to send you information about Sense Labs’ products and services
unless you opt-out of such emails using the opt-out link in the emails.
11. Notifications. Sense Labs may provide
notifications to you as required by law or for marketing or other purposes via
(at its option) email to the primary email associated with your Sense Labs
account, hard copy, or posting of such notice on the Site. Sense Labs is not
responsible for any automatic filtering you or your network provider may apply
to email notifications.
12. Force Majeure. We will not be liable or
responsible for any failure to perform, or delay in performance of, any of our
obligations under a contract that is caused by an act or event beyond our
reasonable control, including without limitation acts of God, strikes,
lock-outs or other industrial action by third parties, civil commotion, riot,
terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or
other natural disaster, failure of public or private telecommunications
networks or impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
13. Severability. If any part of these Terms &
Conditions becomes illegal, invalid, unenforceable, or prohibited in any
respect under any applicable law or regulation, such provision or part thereof
will be deemed to not form part of the contract between us. The legality,
validity or enforceability of the remainder of these Terms & Conditions
will remain in full force and effect.
14. Survivability. The obligations in Sections 1(c),
2(b), (d), (e), (g), 3(c), (d), and 5 through 17 will survive any expiration or
termination of these Terms & Conditions.
15. Waiver. Failure or delay by us to enforce any
these Terms & Conditions will not constitute a waiver of our rights against
you and does not affect our right to require future performance thereof.
16. Successors and Assigns. This Agreement is
binding upon each parties’ respective successors and assigns.
17. Governing Law and Jurisdiction. These Terms &
Conditions are governed by the laws of the Commonwealth of Massachusetts without
giving effect to any conflict of laws principles that may provide the
application of the law of another jurisdiction. You agree to submit to the
personal jurisdiction of the state and federal courts in or for Middlesex
County, Commonwealth of Massachusetts for the purpose of litigating all such
claims or disputes.
Last updated: October 16, 2015