PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY PURCHASING OUR PRODUCT (THE "DEVICE") AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE DEVICE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THE DEVICE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Faraday Secure Computing LLC (hereinafter “Faraday"), a company duly organized and validly existing under the laws of the State of New Jersey, with offices located at 208 Lenox Avenue #115, Westfield, New Jersey 07090. This Agreement supersedes and voids all previous agreements.
The Device (”Monolit”) was created by and is offered for sale by Faraday. Whenever uses, the terms "we", "us" and "our" refer to Faraday. Faraday offers the device, including all information, tools and services included, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By purchasing the Device and related services from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Device, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before using the Device or our services. By using the Device or any part of our services, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not use the Device. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Device shall also be subject to the Terms. You can review the most current version of the Terms at any time on our website (the “Site”). We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of the Device and its related services following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Device.
You may not use the Device or our services for any illegal or unauthorized purpose nor may you, in the use of our products or services, violate any laws in any relevant jurisdictions.
You must not install, transmit or otherwise incorporate any worms or viruses or any code into the Device. This applies to any code even if it is not destructive in nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use the Device.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand that your personal or business information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Device or use of the services without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Device. Content on the Device is not for resale. Use of the Device does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the Device solely for its intended use, and will make no other use of the Device without the express written permission of Faraday and the copyright owner. You agree that you do not acquire any ownership rights in the Device, any related content or services. We do not grant you any licenses, express or implied, to the intellectual property of the Device or our licensors except as expressly authorized by these Terms.
As a user of the Device, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Device, and as such, we do not guarantee the accuracy, integrity or quality of such content.
You acknowledge that use of the Device may result in the loss of some or all of your data and you may wish to consider backing up your data on a regular basis.
Faraday is not responsible for damage or loss caused by the disposal, misplacement, or sharing of keys.
You cannot destroy the Device and must maintain updated virus protection software on the Device at all times.
Faraday is not liable for fire or other hazards as a result of any failure of the Device or its internal components.
Faraday herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Faraday or any other content providers supplying content services to Faraday. You are hereby prohibited from making any attempt to override or circumvent any of the embedded software on the Device. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by us, despite whether done so in whole or in part, is expressly prohibited.
You agree to hold Faraday, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from the use of the Device or any related services, the use of any Faraday Services even if not in connection with the Device, your violations of the Terms of Service and/or your violation of any such rights of another person.
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part or use of the Device and our services.
Faraday reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
You agree that Faraday may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit the use of the Device and the services. cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your use of the Device or our services.
You do hereby acknowledge and agree that the Device and any essential software that may be used in connection with the Device or our services ("Software") contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in the Device is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Faraday or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Device, our services or the Software, in whole or part.
Faraday hereby grants you a personal, non-transferable and non-exclusive right and/or license to use the Device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Device or its contents. Furthermore, you do herein agree not to alter or change the Device in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to the Device or our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface in the Device.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Faraday LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
In the event you have a dispute, you agree to release Faraday (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
In the event of any dispute or disagreement between or among the parties to this Agreement arising out of, relating to or in connection with this Agreement (a “Dispute"), the Parties hereto shall use their best efforts to resolve any dispute arising out of or in connection with this Agreement by good-faith negotiation and mutual agreement. The parties shall meet at a mutually convenient time and place to attempt to resolve any such dispute.
However, in the event that the parties are unable to resolve any Dispute, Faraday may, at its sole discretion, choose to settle such dispute through a non-binding mediation proceeding. In the event any party to such mediation proceeding is not satisfied with the results thereof, then, at the sole discretion of Faraday, any unresolved Disputes shall be settled either in accordance with binding arbitration (as defined below) or through litigation in the state courts of New Jersey. In no event shall the results of any mediation proceeding be admissible in any arbitration or judicial proceeding.
If Faraday chooses to settle the Dispute by arbitration, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect, and judgment upon the award rendered in such arbitration may be entered into any court having jurisdiction. The parties agree to use the expedited rules of the AAA including a hearing before one arbitrator to be held in the county of Union, New Jersey. The parties hereby waive the jurisdictional limit of the expedited rules. The findings of any such arbitration shall be final, conclusive and binding upon the Parties, and may not be appealed to any court.
Faraday may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to by email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
You herein acknowledge, understand and agree that all of the Faraday trademarks, copyright, trade name, service marks, and other Faraday logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Faraday. You herein agree not to display and/or use in any manner the Faraday logo or marks without obtaining Faraday's prior written consent.
Faraday will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Faraday may disable and/or terminate the accounts or use of the device of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The Faraday agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Faraday Secure Computing LLC
Attn: Copyright Agent
208 Lenox Avenue #115
Westfield, New Jersey 07090
This Agreement constitutes the entire agreement between you and Faraday and shall govern the use of the Device and our services, superseding any prior version of this Agreement between you and us with respect to Faraday. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Faraday products or services, affiliate services, third-party content or third-party software.
It is at the mutual agreement of both you and Faraday with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Faraday, shall be filed within the courts having jurisdiction within the County of Union, New Jersey or the U.S. District Court located in said state. You and Faraday agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should Faraday fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
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All information is subject to change. Details and restrictions apply. See Terms of Service when you select your Monolit product. Images provided by Unsplash.