Last updated: September 17, 2019
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Terms, you may not access or use the Site.
If you have any questions about these Terms or our Site, please contact us at firstname.lastname@example.org.
You must be at least 18 years of age to use our Site. If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3. Prohibited Conduct
You are solely responsible for your conduct while using our Site. You will not:
Use or attempt to use another user’s account without authorization from that user and Sentropy;
Sell, resell or commercially use our products;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
Develop or use any applications that interact with our Site without our prior written consent;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 3 is solely at Sentropy’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
4. Ownership; Limited license
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Sentropy or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Sentropy Technologies, Inc. and our logos and the look and feel of the Site are trademarks of Sentropy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Sentropy or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Sentropy’s sole discretion. You understand that Sentropy may treat Feedback as nonconfidential.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Sentropy from and against any losses, liabilities, claims, demands, damages, expenses or costs (including attorneys’ fees) arising out of or related to your use of the Site or your violation of these Terms. You also agree that Sentropy will have control of the defense or settlement, at Sentropy's sole option, of any third-party Claims.
To the fullest extent permitted by applicable law, the Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied and we expressly disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that the Site is accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of the Site safe, we cannot and do not represent or warrant that it or our servers are free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law: (a) in no event shall Sentropy be liable for any indirect, special, incidental, or consequential damages of any kind arising out of or in any way related to the access to or use of the Site, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and (b) In no event shall the aggregate liability of Sentropy, whether in contract, warrant, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the site, our products or these terms, exceed the greater of $10.00. The limitations set forth in this Section 9 will not limit or exclude liability for death or personal injury or property damage caused by products you purchase from us, or for fraud, gross negligence, or intentional, willful, malicious or reckless misconduct.
To the fullest extent permitted by applicable law, you release Sentropy and the other Sentropy Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
11. Transfer and Processing of Data
In order for us to provide our Site, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
12. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Sentropy and limits the manner in which you can seek relief from us.
No Representative Actions. You and Sentropy agree that any dispute arising out of or related to these Terms or the Site is personal to you and Sentropy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Sentropy seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Sentropy seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Sentropy waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, the Site resolved in court. Instead, for any dispute or claim that you have against Sentropy or relating in any way to the Terms, the Site you agree to first contact Sentropy and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Sentropy by email at email@example.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Sentropy cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. At Sentropy’s option, the arbitration proceedings will be held in Santa Clara County, California or may be conducted telephonically or via video conference in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Sentropy agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Sentropy, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Sentropy agree that for any arbitration you initiate, you will pay the filing fee and Sentropy will pay the remaining JAMS fees and costs. For any arbitration initiated by Sentropy, Sentropy will pay all JAMS fees and costs. You and Sentropy agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms, the Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Sentropy will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by contacting us at firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.
If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.
13. Governing Law and Venue
These Terms, your access to and use of the Site and your order, receipt and use of our products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts in Santa Clara County, California.
14. Modification and Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site, at anytime and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
16. California Disclosures
If you are a California resident, you may report complaints to the Consumer Assistance unit of the Consumer Information Division of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952‑5210.