Terms of Use
Welcome to the SOS LINK website (the "Site"). SOS LINK may make available versions of the SOS LINK application designed for various mobile devices (the "Application") for use with the Site. Use of the Application is subject to additional terms and conditions available at the time and location of download.
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, submitting information to the site, using the application to provide information to the site AND/OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
1. Eligibility; Registration; Site Access.
2. Privacy.
3. User Submissions.
4. Prohibited Conduct – BY USING THE SITE OR APPLICATION YOU PROMISE NOT TO:
5. Modification of the Terms
6. Prohibited Uses.
7. Fees
8. Termination.
9. Ownership; Proprietary Rights. The Site is owned and operated by SOS LINK. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Site provided by SOS LINK ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of SOS LINK or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SOS LINK or its affiliates and/or third-party licensors. Except as expressly authorized by SOS LINK, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
10. Third-Party Sites, Products and Services; Links.
11. Notice Except as explicitly stated otherwise, legal notices will be served, with respect to SOS LINK, on SOS LINK's national registered agent, and, with respect to you, to the email address you provide to SOS LINK during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
12. User Disagreements You alone are responsible for your involvement with other users. SOS LINK reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release SOS LINK (and SOS LINK's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13. Disclaimers; No Warranties.
14. Indemnification; Hold Harmless. You agree to indemnify and hold SOS LINK, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. SOS LINK reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. Waiver A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
16. Limitation of Liability and Damages
17. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
Copyright Agent: Wilson Sonsini Goodrich & Rosati, One Market Street, Spear Tower, Suite 3300, San Francisco, CA 94105-1126 Attention Mr. Whit Bissell.
For clarity, only DMCA notices should go to SOS LINK's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to SOS LINK customer service through [support email address]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
18. DISPUTE RESOLUTION
19. Miscellaneous.
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, submitting information to the site, using the application to provide information to the site AND/OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
1. Eligibility; Registration; Site Access.
1.1 THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY SOS LINK. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
1.2 If you are a user of the Application (a "User") and at least 18 years of age, you must register with and create an account on the Site. If you are a User and under 18 years of age, the primary account holder named on your mobile device carrier account must register with and create an account on the Site on your behalf.
1.3 A User may specify one person to receive and have access to information regarding such User via email and via the Site (a "Primary Helper") and one or more persons to receive information regarding such User via email (each a "Secondary Helper"). If you are a Primary Helper or Secondary Helper, you are bound by these Terms. If you are a Primary Helper, you must also register with the Site.
1.4 If you are using the Site or creating an account on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization.
1.5 You agree that the information you provide to SOS LINK on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
1.6 Subject to your compliance with these Terms, SOS LINK grants you permission to use the Site as set forth in these Terms, and consistent with the intended features of the Site.
2. Privacy.
2.1 Your privacy is important to SOS LINK. The Siteprivacy policy (the "Privacy Policy") is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to SOS LINK's collection, use, and disclosure of your personal information.
3. User Submissions.
3.1 General. The Site and Application may provide certain features which enable a User to submit, post, share, and distribute content with such User's Primary Helper and Secondary Helpers, if any. The content may include without limitation photographs, audio recordings, location data, text, or any other content submitted a User ("User Submissions"). User Submissions are shared or distributed for informational purposes only and are not controlled by SOS LINK. You understand that all User Submissions are the sole responsibility of the User from whom such User Submission originated.
3.2 Right to Remove or Edit User Submissions. SOS LINK reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, SOS LINK complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below).
3.3 License Grant by You to EPI. As a User, you retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to SOS LINK, you hereby grant SOS LINK and its affiliates, partners, designees, and assignees of the Site (collectively, the "SOS LINK Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, and transferable license to display, share, distribute, and transmit your User Submissions or any part thereof in accordance with the Privacy Policy.
3.4 User Submissions Representations and Warranties. As a User, you are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i.) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize SOS LINK to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by SOS LINK and these Terms, and to grant the rights and license set forth above, and (ii.) your User Submissions, SOS LINK's or any SOS LINK Licensee's use of such User Submissions pursuant to these Terms, and SOS LINK's or any of SOS LINK Licensee's exercise of the license rights set forth above, do not and will not: (a.) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b.) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c.) violate any applicable law or regulation; or (d.) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
3.5 Inaccurate or Offensive User Submissions. As a Primary Helper or Secondary Helper, you understand you may be exposed to User Submissions and that SOS LINK does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SOS LINK WITH RESPECT THERETO.
3.6 Feedback. If you provide SOS LINK with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), SOS LINK shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site or Application. You hereby grant SOS LINK a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
4. Prohibited Conduct – BY USING THE SITE OR APPLICATION YOU PROMISE NOT TO:
4.1 Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
4.2 Harass, threaten, or defraud others;
4.3 Upload or send to other Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
4.4 Make unsolicited offers, advertisements, proposals, or send junk mail to other users;
4.5 Impersonate another person or access another user's account without that person's permission;
4.6 Share SOS LINK-issued passwords with any third party or encourage any other user to do so;
4.7 Misrepresent the source, identity, or content of information transmitted via the Site;
4.8 Use the Site for any illegal purpose or in any illegal manner; or
4.9 Upload material (e.g. virus) that is damaging to computer systems or data of SOS LINK or other users of the Site.
5. Modification of the Terms
5.1 SOS LINK reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on the Site. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified terms on the Site.
6. Prohibited Uses.
6.1 Access to the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
6.2 As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Any unlawful use is punishable by law. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
6.3 The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
7. Fees
7.1 Access to the Site is currently provided free of charge. However, SOS LINK reserves the right to charge one-time, monthly, or annual fees or any combination thereof for access to the Site at any time and to change the amount of such fees at any time.
8. Termination.
8.1 By SOS LINK. You agree that SOS LINK, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with SOS LINK or use of the Site and remove and discard all or any part of your account or any content uploaded by you, at any time. SOS LINK may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that SOS LINK will not be liable to you or any third-party for any such termination. SOS LINK does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SOS LINK may have at law or in equity.
8.2 By you. You may terminate your account, this Agreement and your right to use the Site at any time and for any reason or no reason, by contacting SOS LINK user support at customersvc@soslink.com or by deleting your account.
8.3 Fees. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Site incurred before termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Site incurred before termination.
9. Ownership; Proprietary Rights. The Site is owned and operated by SOS LINK. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Site provided by SOS LINK ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of SOS LINK or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SOS LINK or its affiliates and/or third-party licensors. Except as expressly authorized by SOS LINK, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
10. Third-Party Sites, Products and Services; Links.
10.1 The Site may include links to other web sites or services ("Linked Sites") solely as a convenience to users. SOS LINK does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, ERI makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
10.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT SOS LINK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
11. Notice Except as explicitly stated otherwise, legal notices will be served, with respect to SOS LINK, on SOS LINK's national registered agent, and, with respect to you, to the email address you provide to SOS LINK during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
12. User Disagreements You alone are responsible for your involvement with other users. SOS LINK reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release SOS LINK (and SOS LINK's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13. Disclaimers; No Warranties.
13.1 THE SITE AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE NOT INTENDED TO PROVIDE OR FACILITATE EMERGENCY NOTIFICATION, EMERGENCY RESPONSE, OR LIFE-SAVING SERVICES, AND SOS LINK MAKES NO WARRANTIES REGARDING SUCH PURPOSES.
13.2 UNLESS OTHERWISE EXPRESSLY STATED BY SOS LINK, THE SITE AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOS LINK, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
13.3 UNLESS OTHERWISE EXPRESSLY STATED BY SOS LINK, SOS LINK, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE SITE AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.4 UNLESS OTHERWISE EXPRESSLY STATED BY SOS LINK, SOS LINK, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SOS LINK NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13.5 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Indemnification; Hold Harmless. You agree to indemnify and hold SOS LINK, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. SOS LINK reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. Waiver A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
16. Limitation of Liability and Damages
16.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SOS LINK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH SOS LINK, EVEN IF SOS LINK OR A SOS LINK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOS LINK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.2 IN NO EVENT WILL SOS LINK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEEDING THE AGGREGATE AMOUNT PAID TO SOS LINK UNDER THESE TERMS DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION FIRST AROSE.
17. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;SOS LINK's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
(ii.) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
(iii.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SOS LINK to locate the material;
(iv.) Information reasonably sufficient to permit SOS LINK to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v.) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi.)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent: Wilson Sonsini Goodrich & Rosati, One Market Street, Spear Tower, Suite 3300, San Francisco, CA 94105-1126 Attention Mr. Whit Bissell.
For clarity, only DMCA notices should go to SOS LINK's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to SOS LINK customer service through [support email address]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
18. DISPUTE RESOLUTION
18.1 General. Generally, if a dispute arises between SOS LINK and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SOS LINK agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
18.2 Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SOS LINK must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
18.3 Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i.) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii.) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii.) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
19. Miscellaneous.
19.1 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
19.2 Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by SOS LINK without restriction.
19.3 Survival. Sections 2, 3, 4, 6, 7, 8.3, and 9 through 19 will survive any termination of these Terms.
19.4 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19.5 Entire Agreement. This is the entire agreement between you and SOS LINK relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by SOS LINK as set forth in Section 5 above.
19.6 Claims. YOU AND SOS LINK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.7 Disclosures. The services hereunder are offered by SOS LINK, located at:
#206 - 399 Main Street, Penticton, British Columbia, Canada V2A 5B7
Tel: (888) 688-0781, or +1-778-476-5577; email: customersvc@soslink.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.