User Agreement

This User Agreement, along with Limited Product Warranty and Privacy Policy, governs the rights and obligations of Lineable.net (“Lineable” or “We”) and the user (the “User” or “you”) who purchases the wristband (the “Device”) from us. Please carefully review this Agreement and make sure you are familiar with the terms and conditions and you fully understand what we provide and support and what we expect you to do. You can find Limited Product Warranty in the same package with the Device. You can find Privacy Policy here. By purchasing the Device, you represent and warrant to us that you are familiar with the terms and conditions of this Agreement (the “Terms of Use”). The success of this Device supported by the app titled, “Lineable”, (the “App”) (that you downloaded from the App Store or Google Play) depends largely on your complete understanding of the functionality and your cooperation. If you do not agree to these Terms of Use, you may return the Device per the terms of return policy stated below. If you have any questions about the Terms of Use, please contact us at support@lineable.net.

 

What We Provide

We provide the Device and the App, together forming a tool to help you keep watch on your loved ones. Our responsibility is to provide you the Device to work as intended and license you the App to work with the Device. We also periodically update the App, when available, to enhance the functionality of the tool. The Device contains pre-installed software that when paired with the App together control and operate the Device. We grant you a free, non-exclusive, non-sublicensable, non-assignable license to use the pre-installed software and the App for the sole purpose of operating the Device for the intended use (the “License”). You may not reverse engineer or in any way modify or tamper with the software or any part thereof. The Device and the App are a user-based, mesh-network-based, solution that enables each User to quickly locate any missing or wandering children.

 

What We Don’t Do

You must understand the followings that we don’t do: we do not act as police or similar government agencies to keep your children safe or investigate or search for your missing children; we do not alert authorities if any of User or you lose a child; we do not act as an emergency service either; or we do not send bulletins or alarms to the Users either. Our role is limited to providing the Device and the App and periodically update them when desired. It is either your job or the jobs of the appropriate law enforcement agencies’ to do the foregoing. We do not guarantee that your children will always be safe, always be near you, or always be found, when lost.

 

What You Need to Do

You must use the Device and the App as a tool to safekeeping your children in conjunction with your common sense approaches and the safety practice and tips. It is nothing more than a useful tool. You must understand that it is your responsibility and yours only to keep your children safe and with you, unless otherwise law provides. You must not replace your commonsense approach with your passive reliance on the Device and the App.

 

Keeping Device Operating Condition and App Working

For you to take the full advantage of the Device and the App, it is your job that the Device is in an operating condition. While we strive to produce the Products to stay in an operating condition under all circumstances and for an extended duration, it is your job to periodically check the conditions of the Device and the App. Please refer to the User Manual that came with the Device to learn how to check if the Device and the App are in working conditions. Please also download and install all updates to the App as soon as they become available. In the same vein, you agree not to tamper with the Device or the App in any way, shape or form. Once the App or the Device is tampered with, you should discontinue the use of the Device and replace it with a new purchase. A curious child may attempt to tamper with the Device; therefore, please do educate your curious child not to play, harm or tamper the Device. For product warranties, please refer to the Limited Product Warranty that is enclosed with the Device.

 

Collaboration

One of the most useful features of the Device and the App is the way that Users can collaborate in the unfortunate event of lost, missing or wandering children. As a User, we expect you to participate in and help out locating and reporting lost, missing or wandering children (the “Collaboration”). As more and more Users actively participate in the Collaboration, Users themselves become more and more empowered and the tool becomes more and more useful. It is thus important for each User to recognize this opportunity and encourage others to join the Collaboration by purchasing the Device and downloading the App, or just downloading the App. However, it is not your legal obligation to participate in the Collaboration. You are not required to participate in the Collaboration to fully utilize all functionality of the Device powered by the App. Your purchase of the Device and downloading and installing the App onto your smart phone or smart watch are all that is required to enjoy the Device. Participating in the Collaboration process may also cost data usage. Please check with your wireless carrier or data provider for pricing guidelines.

 

Limits of Collaboration

Each User agrees to participate in the Collaboration by downloading, installing and activating the App. As a User, you are encouraged to participate in the Collaboration and the App will be installed in the mode that enables your mobile phone to participate in such Collaboration. You also agree that we will update the App periodically to enhance the Collaboration features when desired. While we will do our best to download the updates without data usage charged by your mobile provider, you agree that we may update the App with any critical features even when doing so may cause your data usage to increase and be subject to additional costs. However, your participation does not create potential for liabilities. You along with other Users acknowledge that you have no claims against any other Users under any theories of liabilities, including “Good Samaritan” principles or any similar theories or in any jurisdiction. Other Users’ participation in the Collaboration is a voluntary act which creates no responsibility and liability. Furthermore, a User has no privy with any other User on the sole account of becoming a User. As a User, you specifically agree as to each and every other User, the following: not to claim or demand for any of their actions or inactions, not to sue or institute lawsuits or other proceedings in any court of law or equity at any venue, not to encourage others to sue, not to participate in any class actions, and not to harass. You also specifically agree that this Agreement provides a complete defense to any User in any actions or proceedings instituted by you as a User and that if anyone commences any actions or proceedings on your behalf against any other User(s), you will cooperate fully to have such actions or proceedings dismissed, and that any judgment obtained by a User against any other User on account of that other User’s being a User is null, void and unenforceable. If anyone suffers debts, liabilities, expenses, losses, damages, costs, including attorney’s fees, and fees (“Costs”) arising out of your breach of the foregoing, he or she will be entitled to indemnification for you for the amount of Costs and any additional costs and attorneys’ fees in recovering such Costs.

 

Our Rights to Terminate Your Use and License

You may not use the Device or the App for any unlawful, immoral or other purposes that are inconsistent with the general public policies of the world organizations or any country, state or local government concerning the welfares of children. We may limit and restrict your use of the Device and the App in accordance with our Use Policy which may be amended at any time without notice. You agree that we have the right to terminate your License, to disable the Device, and to report your activities to appropriate law enforcement agencies, if we suspect that your use of the Device or the App is contrary to our Use Policy.

 

Use Policy

You may use the Device, the App or any combination thereof solely for the purpose of improving welfare of your children and other children. You may not use the Device, the App or any combination thereof for any other purposes that may directly or indirectly harm the welfare of any children whether they are yours or you have custody of them. You may not neglect, endanger or harm any children by direct or indirect use of the Device, the App or any combination thereof. You must report to appropriate authorities if your children are missing, lost or in danger in any way.

 

Technical Specifications

Before purchasing the Device, please ensure that your phone meets the technical specifications, which are listed on the packaging itself or may be viewed from online.

 

Accounts, Forms, Registrations and Passwords

When you turn on the Device and install the App, you must also register with us. At the time of registration process, you submit your personal data which shall be protected and may be utilized by us under the terms of Privacy Policy. Please ensure that you are familiar with the terms of Privacy Policy.

 

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. Please do note that in the event that we receive requests from law enforcement agencies concerning the welfare of User’s child(ren), we will share all applicable data and cooperate to the fullest extent in the best interests of the child(ren). You expressly agree to the foregoing.

 

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to inform us your email address and to receive communications from us electronically. We will need your email address to notify you any updates or announcements. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

Updates

We may also from time to time update the App with patches and upgrades. By agreeing to the terms of this Agreement, you also agree that we may access the Device to cause such patches and upgrades to be downloaded and installed on the Device. Generally, we will design such patches and upgrades in such a way that they cost the least to you by accessing free WiFi networks. In emergency situations, however, we will cause critical patches and upgrades to be downloaded and installed over wireless networks which will cause data usage.

 

Warning

We built the Device and the App with the assumption that you will remain vigilant and responsible in keeping your children safe and with you. Please use the Device and the App in according to the aforementioned assumption by us. The Device cannot be located in the following situations: when there is no access to wireless network; when there are no mobile phones with the App within the vicinity of the Device, when the Device has no power left; when the Device is damaged; when the App is deleted or not operating; when the Device’s software is corrupted or malfunctioning; or when there are unforeseen events affecting its functionality.

 

Limited Warranty - Application

During the initial one (1) year period of this agreement, Lineable warrants that the app will operate in material conformance to Lineable's published specifications for the app. Lineable does not warrant that the app or any portion thereof are error-free. User's exclusive remedy, and user's entire liability in tort, contract or otherwise for any warranted nonconformity under this agreement, shall be correction of any warranted nonconformity as provided herein. This limited warranty and any obligations of Lineable under this agreement shall not apply to any modification by user or done under user's negligence or permission or any nonconformities caused thereby.

 

Disclaimer

Except for the express limited warranty provided herein, the app and its upgrades are provided "as is" without any warranty whatsoever. Lineable disclaims all other warranties, express, implied or statutory, as to any matter whatsoever, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. Lineable disclaims any warranty or representation to any person other than Lineable with respect to the licensed products and the hardware.

 

Limitation of Liability

Except with respect to Lineable's obligations herein, in no event will Lineable be liable to Lineable (or to any person claiming rights derived from Lineable) for indirect, incidental, special, consequential or exemplary damages arising out of or related to the transactions contemplated under this agreement, including but not limited to lost profits, business interruption or loss of business information, even if Lineable has been advised of the possibility of such damages. Lineable's total liability arising out of or related to this agreement shall not exceed the cumulative amount of license and operation fees paid by Lineable, regardless of whether any action or claim is based on warranty, contract, tort or otherwise.

 

Termination

Lineable may terminate, and subsequently further refuse to grant, User’s access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. User may terminate User’s account at any time through User’s account page. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. User acknowledges and agrees that upon termination, Lineable may further collect and maintain for future references or to cooperate with law enforcement agencies any data that Lineable collect from the Device and your use of App.

 

General Terms and Conditions

By downloading, accessing and/or using Application in any way, User explicitly acknowledges that User has read, understood and agreed with all of the provisions of this Agreement regardless whether User’s primary language is not English. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Lineable shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lineable’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Parties may seek equitable reliefs such as injunctions and specific enforcements in addition to damages. In any proceedings or actions arising out of this Agreement, the prevailing party is entitled to a reasonable attorney’s fees and all costs incurred in connection with such proceedings and actions. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary and all other provisions of this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Lineable’s prior written consent. Lineable may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of State of California, U.S.A. Any disputes arising out of this Agreement shall be brought to a court in Santa Clara County, U.S.A. User waives any defense based on lack of personal jurisdiction, inconvenient venue, lack of notice, defect in services of court documents, forum and any other similar doctrines. User agrees that a notice by an email specified by User constitutes a valid notice for delivery of summons and other court documents. User agrees that Lineable may enforce any orders or judgments (which it may obtain from a court located in the country where Lineable’s headquarter is then located) in a country where User resides. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Lineable in any respect whatsoever. Electronic signatures of the parties to this Agreement constitute valid and enforceable execution and signature of the parties in lieu of original signatures. 

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