PDF files for the two well-known Tinnitus Tests:
A bot to archive conversations.
We aren’t 100% sure yet if the Google Pixel 3 will be dual sim compatible. The Pixel 2, had ‘dual sim’ of sorts by including both eSim capability on top of the traditional sim card slot. On the pixel 2, however, only one SIM method could be active at a time – not a true dual sim phone. From the leaked pixel 3 video, there was only one MEID number on the boxing, so the leaked version is likely not dual sim compatible.
We got a full view of the Pixel 3 from the latest unboxing video.
There’s some additional information we can to learn from the MEID of this device :
Compatible with AT&T: ✓
Compatible with Verizon: ✓
Compatible with Sprint: ✓
Compatible with TMobile: ?
Manufacturer: Google Inc
Model: Pixel 3XL
Seeing as the MEID in the video is listed on several online databases, this gives us a good indication the leaked video is indeed legit. The branding “NELIT 3” indicates this phone is approved for use in India – perhaps the area the leaked phone came from. Based of the previous models, we can assume the FCC ID for the Pixel 3XL will be A4RG013C or A4R-G013C If you find any further information with the MEID, please share it in the comments!
CA_1A-3A,CA_1A-5A,CA_1A-7A,CA_1A-8A,CA_1A-20A,CA_1A-26A,CA_1A-28A,CA_2A-4A,CA_2A-2A-4A,CA_2A-4A-4A,CA_2A-5A,CA_2A-2A-5A,CA_2A-12A,CA_2A-2A-12A,CA_2A-13A,CA_2A-2A-13A,CA_2A-17A,CA_2A-29A,CA_2A-30A,CA_3A-5A,CA_3C-5A,CA_3A-7A,CA_3C-7A,CA_3A-8A,CA_3A-3A-8A,CA_3A-20A,CA_3A-28A,CA_3A-38A,CA_3A-40A,CA_3A-40C,CA_4A-5A,CA_4A-4A-5A,CA_4A-7A,CA_4A-12A,CA_4A-4A-12A,CA_4A-13A,CA_4A-4A-13A,CA_4A-17A,CA_4A-29A,CA_4A-30A,CA_5A-7A,CA_5A-30A,CA_5A-40A,CA_7A-8A,CA_7A-12A,CA_7A-20A,CA_7B-28A,CA_12A-30A,CA_20A-32A,CA_29A-30A,CA_39A-41A,CA_2A-2A,CA_3A-3A,CA_4A-4A,CA_7A-7A,CA_25A-25A,CA_41A-41A,LTE FDD BAND 1,LTE FDD BAND 2,LTE FDD BAND 3,LTE FDD BAND 4,LTE FDD BAND 5,LTE FDD BAND 7,LTE FDD BAND 8,LTE FDD BAND 12,LTE FDD BAND 13,LTE FDD BAND 17,LTE FDD BAND 19,LTE FDD BAND 20,LTE FDD BAND 21,LTE FDD BAND 25,LTE FDD BAND 26,LTE FDD BAND 28,LTE FDD BAND 29,LTE FDD Band 30,LTE FDD Band 32,LTE FDD Band 66,CA_1A-3A-5A,CA_1A-3A-8A,CA_1A-3A-20A,CA_1A-3A-28A,CA_1A-5A-7A,CA_1A-7A-20A,CA_1A-7A-28A,CA_2A-4A-5A,CA_2A-4A-12A,CA_2A-4A-13A,CA_2A-4A-29A,CA_2A-4A-30A,CA_2C-5A-30A,CA_2C-12A-30A,CA_2A-29A-30A,CA_3A-7A-8A,CA_3A-7A-20A,CA_3A-7A-28A,CA_4A-5A-30A,CA_4A-7A-12A,CA_4A-12A-30A,CA_4A-29A-30A,LTE TDD BAND 38,LTE TDD BAND 39,LTE TDD BAND 40,LTE TDD BAND 41,CDMA2000,CA_1C,CA_3C,CA_7C,CA_38C,CA_39C,CA_40C,CA_40D,CA_41C,CA_41D,WCDMA FDD Band I,WCDMA FDD Band II,WCDMA FDD Band IV,WCDMA FDD Band V,WCDMA FDD Band VIII,GSM850 (GSM800),GSM 900,GSM 1800,GSM 1900
Last Updated July 30, 2018
This Unified Ad Marketplace Publisher Agreement (“Agreement”) is an agreement between A9.com, Inc. and Amazon Europe Core S.a r.l. (each an “Amazon Party” and, together with its Affiliates (as defined below), “Amazon,” “we,” or “us”) and you (if registering as an individual) or the entity you represent (if registering as a business) (“you”).
BY PARTICIPATING IN THE PROGRAMS SET FORTH IN THIS AGREEMENT (“PROGRAMS”) YOU AGREE TO BE BOUND BY THE TERMS HEREIN, WHICH INCLUDE THE GENERAL TERMS AND THE PROGRAM SPECIFIC TERMS. FOR CLARITY, THE GENERAL TERMS ARE APPLICABLE TO ALL OF THE PROGRAMS AND THE SPECIFIC TERMS OF EACH PROGRAM ARE ONLY APPLICABLE TO YOU IF YOU PARTICIPATE IN THAT PROGRAM.
Unified Ad Marketplace Publisher Services include various advertising Programs that enable you to display Ads on your Sites in order to monetize your advertising inventory. “Ads” means advertising content. “Sites” means Your Properties and Network Properties. “Your Properties” are properties such as websites that are owned, operated, or controlled by you. “Network Properties” are properties such as websites that are not owned, operated, or controlled by you, but on which you have a contractual right to display Ads.
- Compliance Verification; Policies. You must promptly provide us with any information that we request to verify your compliance with this Agreement. You must comply with the policies that we make available to you, including the program participation requirements (“Program Participation Requirements”), the editorial adjacencies policy (“Editorial Adjacencies Policy”) and the video policy (“Video Policy”), (collectively, “Program Policies”).
- Program Materials. We may make available certain software, sample code, application program interfaces, documentation, and related information in connection with the Programs (the “Program Materials”). We grant you a limited, revocable, non-exclusive, royalty-free, non-transferable, non-sub-licensable license to use and reproduce the Program Materials as contemplated by this Agreement. You will not (a) incorporate or compile any portion of the Program Materials into any site, application or other product other than Sites or (b) distribute or otherwise provide any portion of the Program Materials to any third party or include the Program Materials within a third party’s code, tag or wrapper. However, you may allow third parties who are providing services directly to you and who are bound by confidentiality and non-use and disclosure obligations at least as restrictive as those imposed on you under this Agreement, to access Program Materials solely as necessary for those third parties to assist you with the integration needed for your participation in the Programs. You will be responsible for any breach of this Agreement by such third party. You will not reverse engineer, disassemble, decompile or modify the Program Materials or create derivative works of the Program Materials. You will not use the Program Materials with any software or other materials that are subject to terms (e.g., open source software licenses) that, when combined with the Program Materials, would require us to disclose, license, distribute or otherwise make all or any part of such Program Materials available to anyone. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Program Materials. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with this Agreement. The Program Materials are the intellectual property of Amazon or its licensors. Except for the rights explicitly granted to you in this Agreement, all right, title and interest in and to the Program Materials are reserved and retained by us and our licensors. The Program Materials may include or be distributed with software or other materials that are provided under a separate license agreement, and that separate license will govern the use of such software or other materials in the event of a conflict with this Agreement.
- Ad Placement and Positioning. You will use all Ads in strict compliance with this Agreement and comply with the Editorial Adjacencies Policy with respect to all Ads that appear on Your Properties. For Ads shown on Network Properties, you will obtain contractual representations from all participating network publishers that such publishers will comply with the Editorial Adjacencies Policy.
- Indemnity. You will defend, indemnify and hold us, our Affiliates, and their and our Representatives, harmless from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a “Claim”) to the extent such Claim relates to (a) any content that appears on the Sites, (b) any breach of your representations, warranties or obligations set forth in this Agreement, and (c) any action by a third party that provides services to you in relation to this Agreement and which action would violate this Agreement if undertaken by you. You will not consent to the entry of a judgment or settle a Claim without our prior written consent. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). “Affiliate” means, as to an entity, any other entity directly or indirectly controlling, controlled by, or under common control with, such entity. “Representatives” means officers, directors, employees, contractors, assigns, and agents.
- Disclaimers. THE PROGRAMS, THE ADS, AND ANY PROGRAM MATERIALS ARE PROVIDED “AS IS” AND: (A) WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE; (B) WE DO NOT WARRANT THAT THE PROGRAMS AND ANY PROGRAM MATERIALS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS; AND (C) WE DISCLAIM AND WILL HAVE NO LIABILITY WHATSOEVER FOR ANY ADS INCLUDING ANY INDEMNITY OBLIGATIONS OR BREACHES OF REPRESENTATIONS, WARRANTIES, OR YOUR POLICIES WITH RESPECT TO ADS.
- Limitation of Liability. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF ADVERTISING FEES, PROFITS, GOODWILL, USE, OR DATA, AND THE LIKE) ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAMS, AND THE PROGRAM MATERIALS WILL NOT EXCEED THE TOTAL ADVERTISING FEES PAID TO YOU UNDER THIS AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
- Publicity and Confidentiality. You will: (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; and (b) use such information only to fulfill your obligations under this Agreement. Program Materials and Collected Data (as defined below) are our confidential information and may only be used or disclosed as permitted under this Agreement. You will not issue any press release or make any other public communication with respect to this Agreement.
- Trademark Usage. You grant us, our Affiliates, and each of our Representatives any and all necessary rights and permissions, on a royalty-free, worldwide basis, to use your name, trademarks, and logos, and the names of the Sites, for the purpose of fulfilling our obligations under this Agreement and for reporting and marketing purposes.
- Data Restrictions
- Use and disclosure of Your Data. We may use Your Data for our internal purposes. We may only disclose Your Data to third parties in connection with this Agreement, including to provide ad requests and reports to applicable advertisers. “Your Data” means your pre-existing data that you provide to us for a given impression, including ad requests. For the avoidance of doubt user related information that you may send us or that we may collect such as an advertising- specific identifier, a full IP address or Precise Location Data is not Your Data. “Precise Location Data” means data obtained from a device that is sufficiently precise to locate such device.
- End User Information. You represent and warrant that you will not provide us with any Personal Information other than an advertising-specific identifier that can be reset for a device (e.g., Android Advertising ID, IDFA), Precise Location Data, and full IP address. For the avoidance of doubt, you will not provide us with any device identifier that cannot be reset. You represent and warrant that you will only provide us Precise Location Data if you have obtained Consent from the applicable end user to provide such data to us and to third parties to whom we may send Precise Location Data. “Personal Information” means data which, alone, or when combined with other information can be used by either party to identify a person. “Consent” means a user’s action as required under applicable Laws (e.g., through a privacy notice, affirmative opt-in, or other disclosures as required by applicable Laws).
- Additional provisions regarding EU Data. You and Amazon Europe Core S.a r.l. (“AEC”) (or duly designated Amazon Affiliate) will independently determine the purposes and means of your and AEC’s respective processing of EU Data for which you and AEC are each data controller. “EU Data”means personal data within the meaning of applicable Laws of the European Economic Area, including the General Data Protection Regulation (Regulation (EU) 2016/679) and any implementation or successor thereof, which is collected, used, transferred, or processed as a result of the parties’ activities under this Agreement. “Laws” means all laws (including international, national, federal, and state laws and regulations) and ordinances.
- Compliance with Laws. You will comply with all Laws which are applicable to the performance of your obligations under this Agreement. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union (the “EU”) or its member states, or other applicable government authority.
- COPPA; Self-Regulatory Principles. You represent and warrant that you will not send us ad requests from Children’s Sites. You represent and warrant that you will not send us ad requests from Sites when the user is known by you to be under 13 years of age. You will comply with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising (for U.S. ad inventory), the IAB Europe EU Framework for Online Behavioural Advertising (for EU ad inventory), and the Japan Interactive Advertising Association’s Guidelines for Behavioral Advertising (for Japan ad inventory). “Children’s Sites” are Sites directed toward children under 13 years of age (as defined by COPPA). “COPPA” means the Children’s Online Privacy Protection Act of 1998, as amended, and the rules and regulations promulgated thereunder.
- Disputes and Applicable Law. Any dispute or claim relating in any way to the Programs or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us regarding this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than USD$10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.
- Modification. We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting the revised terms online. Such changes will be effective as of the date we post them, unless we specify a different effective date. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of any Program after any changes take effect will constitute your acceptance of all applicable changes.
- Term and Termination. The term of this Agreement will begin upon your participation in any Program and will continue until you or we terminate it. Either party may terminate this Agreement at any time, with or without cause, and immediately upon providing written notice of termination to the other party. We may suspend your use of any Program at any time. The following provisions of this Agreement will survive termination of this Agreement: Sections 4 through 12, 14, and 15 of the General Terms; and Sections 3 and 5 of the Unified Ad Marketplace Program Specific Terms.
- Miscellaneous. You represent and warrant that you have all necessary rights to enter into this Agreement. You may not assign any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. We may assign this Agreement (or any of our rights and obligations under this Agreement): (a) to any of our Affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all of our assets or any similar transaction. This Agreement will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. This Agreement includes all Program Policies. This Agreement will constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter of this Agreement. Any notice or other communication to be given hereunder will be in writing and given: (a) by us via email, via a posting, or via a message through your account; or (b) by you via email to [email protected], or to such other email or physical addresses as we may specify from time to time. The date of receipt will, in the case of email, be deemed the date on which such notice is transmitted. Whenever used in this Agreement, unless otherwise specified, the terms “including,” “e.g.,” and other similar terms are deemed to include the term “without limitation” immediately thereafter. Each Amazon Party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other Amazon Parties. The parties will perform under this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, employment, or any other relationship between us and you. You will not represent yourself to be an employee, representative, or agent of us. You will have no authority to enter into any agreement on our behalf or in our name or otherwise bind us to any agreement or obligation.
I. THE UNIFIED AD MARKETPLACE PROGRAM SPECIFIC TERMS
- Description of the Unified Ad Marketplace. Unified Ad Marketplace (“UAM”) is a Program that allows you to incorporate Ads made available through the UAM Program on Sites in connection with advertising campaigns of advertisers (which may be us or a third-party advertiser, e.g. supply side platforms who purchase advertising inventory on the Sites through UAM pursuant to an agreement with us), in order to earn advertising fees paid by us.
- Removal of Ads; Modification of Ads. You will remove any Ads from the Sites within 24 hours after notice by us and, for Ads that appear on Sites in violation of the Editorial Adjacency Policy, within 24 hours after the earlier of: (a) notice by us; or (b) discovery by you. You will not edit or modify the Ads in any way.
- Payment of Advertising Fees. The advertising fees will be determined solely by us and will be based on our numbers. We will pay you within 60 days following the end of the calendar month in which advertising fees were earned. We will not pay you for (a) impressions generated through automated or other invalid means, (b) Ads that are not properly displayed by you, or (c) Ads placed in violation of the Program Policies. If you violate this Agreement, then, in addition to any other rights or remedies available to us, we reserve the right to withhold any and all fees otherwise payable to you under this Agreement. Payments will be made in USD or any other currency agreed in advance between the parties. The exchange rate (if applicable) will be based on the data supplied to us by Bloomberg (or a similarly reputable provider if we decide to change it) in the form of average monthly exchange rate for a given month. If applicable, we may deduct any currency conversion fees paid in connection with currency exchange.
- Taxes.You may charge and we will pay applicable national, state, or local sales or use taxes, or value added taxes that you are legally obligated to charge (“Taxes”), provided that such Taxes are stated on the original invoice that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may provide you with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case, you will not charge and/or collect the Taxes covered by such certificate. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of amounts payable under this Agreement. Throughout the term of this Agreement, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
- Use and Disclosure of Collected Data by You. You will not use or disclose Collected Data for any purpose other than to perform your obligations under these Unified Ad Marketplace Program Specific Terms. For the avoidance of doubt, you will not: (a) use Collected Data to (i) retarget a user (ii) append data to a user’s non-public profile or (iii) to improve Ad targeting for you or any other advertiser; or (b) disclose Collected Data to any third party. Notwithstanding the above, you may disclose Collected Data to third parties on an Aggregated and Anonymous basis, provided that such third parties are bound by confidentiality and non-use and disclosure obligations at least as restrictive as those imposed on you under this Agreement. You will be responsible for any breach of this Agreement by such third party. “Aggregated and Anonymous”means a form in which Collected Data is combined with data from numerous other advertisers, provided that Collected Data will not exceed 10% of the total amount of that combined data and such combined data precludes identification, directly or indirectly, of us, end users, our advertisers, brand, product, context, or category. “Collected Data” means all data and information related to the performance of the parties under this Agreement, including Ad response data (such as Ad content, Ad category, and the fact that we delivered an Ad to a specific user) and Ad performance data (such as number of impressions and clicks for an Ad, interactions, and header information), but excluding Your Data.
- Ad Placement and Positioning.
- Compliance with Ad Requirements.Ads will run solely on Sites that are approved by us in advance.
- No Pop-ups; Video Ads.You will not deliver any Ad on or within any pop-up or pop-under windows. The sound of video Ads may not be muted by the video player or by you. You will comply with the Video Policy with respect to all Ads that appear on Your Properties.
- Ad Integration.You will enable our ad integration mechanism on your Sites pursuant to the applicable Program Materials in order to send us ad requests. If, following an ad request, we determine that we will respond, we will send an ad response that will include a price point within the range we established.
II. THE TRANSPARENT AD MARKETPLACE PROGRAM SPECIFIC TERMS
- Description of the Transparent Ad Marketplace. Transparent Ad Marketplace (“TAM”) is a Program that allows you to connect with TAM Buyers to place Programmatic Ads on the Sites in order to earn advertising fees paid by the TAM Buyer. “TAM Buyer” means a third party (e.g. supply side platforms) who purchases advertising inventory on the Sites through TAM pursuant to an agreement with you (“TAM Buyer Direct Agreement”).
- Payment of Advertising Fees. You agree that you will receive payment from TAM Buyers directly for Ads placed on Sites pursuant to these TAM Program Specific Terms. We will not make any payment for Ads placed on Sites pursuant to these TAM Program Specific Terms. We are not a party to, and will have no liability under or obligation to comply with, the TAM Buyer Direct Agreements. Each party will be responsible, as required under applicable Laws, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under these TAM Program Specific Terms.
- Use and Disclosure of Data by Us. Your Data that we may provide to TAM Buyers will be provided under no restriction. It is your sole responsibility to insert the data restrictions that you deem appropriate in the TAM Buyer Direct Agreement and to ensure that TAM Buyers comply with these restrictions.
These Program Policies are part of the Unified Ad Marketplace Publisher Agreement (“Agreement”) and describe requirements applicable to you as a Program participant. All capitalized terms that are not defined below have the meanings given to them in the Agreement.
To enroll, you must submit a complete and accurate application (“Program Application”). Among other things, you must identify the Sites in your Program Application. Your Site will not be eligible for inclusion in the Program if it violates the Program Policies. We will determine eligibility at our sole discretion. You may not share any login or password information that is issued to you in connection with the Program with any third party. You will receive a unique publisher ID (“Publisher ID”) and such Publisher ID must only be used in connection with the display of Ads on your Sites. You will not use different Publisher IDs for Sites that are identical or substantially similar to each other, regardless of whether they have different names. You will not share a Publisher ID with any third party unless expressly authorized by us in writing. We may choose to serve Ads to the Sites; provided, however, that we will withhold your advertising fees until you provide us with valid taxpayer identification information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. Additionally, if we discover or are notified that the tax information you have provided is not complete and accurate, we may immediately stop serving Ads to the Sites and we will withhold your advertising fees until you provide correct information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. If you are a non-U.S. resident for tax purposes, you agree that you will perform all integration work related to this Agreement while you are physically located outside the United States. To participate in the Program, you must give us access to your advertising management system (“Ad Management System”) account, and you hereby authorize us and grant us all rights necessary to use your Ad Management System account in order to provide the Program. You remain responsible for line item configuration in your Ad Management System account. Changes to your Ad Management System or your Ad Management System account may affect Ad delivery and we will not be responsible for those changes, including changes caused by you or by a third party.
You will not edit or modify the Ads in any way, including resizing the Ads, without our prior written approval. You will not: (a) serve any Ad within any pop-up or pop-under windows; (b) layer an Ad over or under another advertisement; or (c) redirect the landing page linked to an Ad.
You will not place Ads adjacent to any content that: (a) promotes or contains content or activity that is defamatory, false (e.g., fake news), deceptive, obscene, hateful, sexually explicit, violent (including the use of firearms), discriminatory, illegal (e.g., hate speech), harmful, invasive of another’s privacy, threatening, abusive, harassing or offensive, (b) contains, links to, uses or otherwise causes the downloading of any malicious code, or (c) artificially increases impression, click or engagement behavior for the purpose of increasing advertising revenue.
The sound of video Ads may not be muted by the video player or by you. You will comply with the Video Player-Ad Interface Definition guidelines version 2.0 (VPAID 2.0) or higher and Digital Video Ad Serving Template specifications version 2.0 (VAST 2.0) or higher as set forth at http://www.iab.net/.
First brush your teeth but do not floss. Then open the bright on™ premium whitening pen and twist the bottom until the gel is visible on the brush. Brush the gel onto your front top and bottom teeth in a circular motion and wear for 5 minutes. The whitening gel will lightly foam and then as it penetrates, it will dissipate. After 5 minutes, spit out excess. Your teeth will continue to whiten after the gel absorbs, so don’t rinse, drink or eat for at least 20 minutes after you’re done.
- Brush Teeth, do not floss
- Remove cap and twist pen from the bottom until the gel is visible on the brush
- In a circular motion, brush gel on the teeth focusing on the front teeth
- Put the cap back on. Gel will foam and penetrate the teeth in 5 minutes
- Spit out excess gel, do not rinse, eat, or drink for 20 minutes (keep the gel on your teeth)
For those with the LED accelerator light:
After applying the whitening gel, plug the light into your phone using the appropriate attachment, insert it into your mouth, and wear it for 10 minutes. After the 10 minutes, take out the light and spit out the excess gel. Your teeth will continue to whiten after the gel absorbs, so don’t rinse, drink or eat for at least 20 minutes after you’re done.
For Best Results:
Use twice a day, in the AM and the PM.
Your teeth will continue to whiten after the gel absorbs. Please don’t rinse, eat, or drink for 20 minutes after you’re done. Also avoid staining foods (such as coffee, wine, dark juice, etc) for 24 hours after each use.
Ingredients: Propylene Glycol, PVP, mint flavor, hydrogen peroxide
Cautions: Keep out of reach of children. Avoid swallowing. If product comes in contact with your eyes, rinse immediately. Consult your dentist before use if you have sensitive teeth or sore gums. Some people may experience temporary gum sensitivity when using. If irration of gums or mouth occures, discontinue use and consult your dentist. For deeper, darker stains approved use for up to 14 days in a row. Avoid contact with fabrics as gel may alter the color. This product will whiten only natural teeth. Women who are pregnant or breastfeeding should not use. Avoid direct contact of the gel with gums or salivary flow. Do Not Use: Unless you are 12 or older, if you are allergic to any ingredients or if you have dental braces. Do not use while sleeping.
Users of the Jisiwei Cleaning Robot are getting the error message “Failed To Connect”
This is because the company Jisiwei has failed to file the proper government documentation for their domain jisiwei.com
According to their hosting platform, Alibaba Cloud, Jisiwei has either provided incorrect information on their ICP filing or they have failed to file for their domain, Jisiwei.com. This has lead to an outage of their online websites, jisiwei.com, global.jisiwei.com, bbs.jisiwei.com, their corporate email services, and, yes, their app too. Many customers of their smart vacuum are now unable to control it via the app.
If you’re a Gearbest customer, I recommend contacting Gearbest to see if there is a way to return the product or perhaps Gearbest can contact the manufacturer directly to help sort out the issue.
The following message is displayed on Alibaba Cloud websites that do not have up-to-date ICP filings.
Sorry, the website is unable to access for the moment. According to the filing requirements of China’s Ministry of Industry and Information Technology (MIIT), the website is accessible only if the ICP information is accurate and the ICP license is filed. Please contact the person in charge of the website for assistance.
Translated Chinese Message (a bit more detailed than the English version)
Sorry, this site is temporarily unavailable and may be caused by the following reasons:
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Please read these terms and conditions that follow (“Terms”) carefully as they form a contract between you and BitGo, Inc. (“BitGo”, “we”, “our” or “us” ). These Terms govern your access and use of our Services. “Services” refers individually and collectively to the BitGo website, BitGo platform, APIs, mobile applications (each, an ““App”), and any software services provided by BitGo, as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”). These Terms refer to the individual or entity using the Service (including any component of the Service) as “you” or “your”.
By accepting these Terms electronically (for example, clicking “I Agree”), accessing or using the Services, purchasing Services, registering for an account with us, executing these Terms, or accepting an Order that references these Terms, you are accepting and agreeing to these Terms and the policies and guidelines referenced in these Terms. If you do not agree to these Terms then you may not use the Services.
We will notify you of amendments to these Terms by either: (a) posting the revised terms on our website; (b) sending you an email notification to the email address that you provided to us as part of your account registration, or a notification via SMS or other messaging service; or (c) presenting the revised Terms to you when you log into the Services. It is your responsibility to provide and update your external email address, check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on our website. The such updated Terms will become effective the earlier of: (a) when you accept it online or offline, (b) twenty (20) days after we post or email the update, in which case your continued use of any of the Services or failure to cancel your account will indicate your acceptance of the amendment.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR ON RESOLUTION BY CLASS ACTION, AS FURTHER DESCRIBED IN SECTION 8.
1. Digital Assets and the Service
1.1 About Digital Assets.
The Service does not send or receive money. As a bitcoin wallet, the Service enables you to interface with the bitcoin network to view and transmit information about a public cryptographic key commonly referred to as a bitcoin address – sometimes referred to herein as a “bitcoin account”. To transmit information about a bitcoin account to the bitcoin network, the private key(s) corresponding with the bitcoin account is required. The Service requires three private cryptographic keys to be associated with each bitcoin account and BitGo controls only one of these private keys. Two of the three private keys associated with a bitcoin wallet are needed to effect a “transfer” of bitcoin from a bitcoin account (i.e., disassociate bitcoin from one bitcoin wallet and re-associate bitcoin with another bitcoin wallet). Once the bitcoin network recognizes the information you send from the Service and validates it, the information is broadcasted to other individuals and companies in the bitcoin network and the Service cannot be used by you to cancel or reverse bitcoin-to-bitcoin transactions. The same is true for other cryptocurrency and digital assets for which we provide wallets (“Digital Asset”) including (as of the last update of these Terms) Bitcoin, Ether, Ripple, and Litecoin, [depending on what wallet services the customer has ordered from BitGo.]
1.2 Digital Asset Protocols and Network Fees.
BitGo does not own or control the underlying software protocols which govern the operation of Digital Currencies. Digital Asset protocols are subject to changes in protocol rules (referred to as “forks”), and such forks may materially affect the value, function, or name of the Digital Asset. You acknowledge and agree (i) that BitGo is not responsible for operation of the underlying Digital Asset protocols and that BitGo makes no guarantee of their functionality, security, or availability; and (ii) if a fork occurs, BitGo may temporarily suspend the Services relating to the Digital Asset affected, and BitGo may decide not to support the forked protocol entirely or may configure its Services to enable you to transfer the affected Digital Asset.
1.3 Managing Your Keys.
BitGo controls only one of the three private keys for a Digital Asset wallet provided by the Service. You are solely responsible for maintaining the security of the other two private keys. If you appoint a third party to control one or more of your private key(s), whether or not such appointment is made through the Service (e.g., through a key recovery service), BitGo is not responsible for the actions or omissions of such third party. Control of these keys will allow such third party to transfer all of your Digital Assets from your wallets and you may never regain those Digital Assets.
1.4 Wallets and Digital Assets.
Your wallets and your Digital Assets are your responsibility. BitGo cannot cause transactions transferring Digital Assets from your wallets except in conjunction with a request or instruction through the Service by you or someone holding your private keys. You may need both of the private keys not controlled by BitGo to initiate transfer of Digital Assets.
1.5 Passwords and Security.
You are responsible for maintaining adequate security and control of any and all log in IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you use to access the Service. You will be solely responsible for the private keys that we provide to you or that you generate for our wallets, and maintaining secure back-ups. You will prevent unauthorized access to or use of the Services using your account credentials or private keys, and notify us promptly of any such unauthorized access or use. You must keep your account ID, passwords and any other account credentials confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You will notify us at [email protected] of any security breach of your account, system or network as soon as possible. You will cooperate with us in the investigation of any suspected unauthorized access to or use of the Services using your account credentials or private keys, and any security breach of your account, system, or network, and provide us with the results of any third-party forensic investigation that you undertake. You will be responsible, and BitGo will have no liability, for all activity that takes place with your BitGo Service account accessed using your account credentials, whether or not authorized by you.
1.6 Identity Authentication.
You must be at least 18 years old, or such higher age required by applicable law, to register for a BitGo Service account. You will provide BitGo and its affiliates with accurate, current, and complete information about yourself as prompted by the registration process or as BitGo may, from time to time request, and keep such information updated. You authorize BitGo to make such inquiries that it considers necessary to validate your identity and you agree that BitGo may do so using third party service providers.
1.7 Non-BitGo Applications.
The Services may contain features designed to interoperate with a third party service, program, website or Content that is provided, owned or licensed by you or a third party (“Non-BitGo Application”). To use such features, you must procure Non-BitGo Applications from the providers of such Non-BitGo Applications, and may be required to grant us access to your account on the Non-BitGo Applications. If you enable a Non-BitGo Application for use with the Services, you grant us permission to allow the provider of that Non-BitGo Application to access your information and End User Data as required for the interoperation of that Non-BitGo Application with the Services. We are not responsible for any disclosure, modification or deletion of Content or End User Data resulting from access by a Non-BitGo Application. If the provider of a Non-BitGo Application ceases to make the Non-BitGo Application available for interoperation with the corresponding Services features on reasonable terms, we may cease providing those Services features without entitling you to any refund, credit, or other compensation.
1.8 Third Party Services.
In connection with your use of the Services, you may be made aware of or offered services, Content, features, products, Non-BitGo Applications, offers and promotions provided by third parties (individually and collectively, “Third Party Services”). We may make Third Party Services available to you. However, our inclusion or promotion of Third Party Services does not reflect a sponsorship, endorsement, approval, investigation, verification, certification or monitoring of such Third Party Services by BitGo. Your acquisition of Third Party Services, and any exchange of data between you and any non-BitGo provider, is solely between you and such provider. BitGo does not warrant Third Party Services in any way. Under no circumstances will we have any liability for Third Party Services. Use Third Party Services at your own risk, and under terms and conditions between you and the provider of Third Party Services that are different than the provisions of these Terms.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for Taxes assessable against us based on our income, property and employees (“BitGo Taxes”). If applicable law requires you to withhold BitGo Taxes from your payment(s) to BitGo, you will provide reasonable assistance to BitGo in connection with such BitGo Taxes by: (a) promptly providing BitGo with valid tax receipts and other required documentation evidencing your payment of such BitGo Taxes; and (ii) assisting BitGo in filing applications to reduce such BitGo Taxes.
You acknowledge that using Digital Assets, their networks and protocols, involves serious risks. It is your duty to learn about all the risks involved with Digital Assets, their protocols and networks. There are many, and describing these risks could fill chapters of a book. For example, the value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. For example, a bitcoin transaction may be unconfirmed for a period of time (usually less than one hour, but up to one day or longer) and may be never complete if it remains in a pending state. Further, if you send ERC 20 tokens to your ether wallet that does not support ERC 20 tokens, your tokens will be lost entirely and will not be recoverable. Even if BitGo alerts you to some of the risks involved with Digital Assets, their protocols and networks, BitGo has no responsibility to alert you to all these risks. BitGo has no control over, and makes no representations regarding the value of Digital Assets, or the security of their networks or protocols.
1.11 BitGo Instant Transactions.
“BitGo Instant” means the service provided by BitGo whereby BitGo verifies that a transfer of Bitcoin from a wallet is not a “double-spend” before the transaction is confirmed by the Bitcoin network. BitGo provides BitGo Instant as a Service to certain of its customers that order it. If you wish to receive Bitcoin with the benefit of BitGo Instant, you will need to enter into BitGo’s separate written agreement for that benefit. Otherwise, you may not rely a Bitcoin transmission as verified by BitGo Instant, and BitGo does not make any guaranty, warranty, or other promise to you about double-spending.
2. Use of The Service
2.1. Your Privacy.
2.2 Account Communications.
We may send you emails regarding the Service including notices, updates, and amended Terms. We may also send you emails with promotional information and materials regarding BitGo’s products and services that you may unsubscribe from by following instructions provided in the email.
2.3 Suspension and Termination.
We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Service in a manner that may cause BitGo to have legal liability or disrupt others’ use of the Service, and; (c) scheduled downtime and recurring downtime, or unplanned technical problems and outages.
2.4 Unacceptable Use.
2.5 Product Updates.
BitGo may, in its sole discretion, make unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may discontinue the Service altogether. Depending on your device settings, we may automatically check your version of the App, and automatically download to your device new versions of the App.
2.6 License and Restrictions.
BitGo grants you a personal, non-transferable, non-exclusive license to use the Service as provided to you by BitGo. This license is conditioned upon and restricted by the terms and conditions in these Terms. Further, this license is for personal and non-commercial use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service, or any part thereof, except (and solely) to the extent permitted by applicable law. You may not assign (or grant a sub-license of) your rights to use the Service, grant an interest in or over your rights to use the Service, or otherwise transfer any part of your rights under these Terms. If BitGo provided you access to any of the Service (for example, a mobile app) in return for a fee, this license is conditioned on your payment of the fees due. These Terms do not grant to you any license or permission to copy, distribute, modify or otherwise use any application programming interface, notwithstanding any provision to the contrary. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved by BitGo.
2.7 BitGo Trademarks and Feedback.
BitGo grants you no license or consent to use or display or use in any manner BitGo’s trademarks, service marks, logos or slogans. In the event that you provide comments, suggestions and recommendations to us with respect to the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), you hereby grant us and our affiliates a universe-wide, royalty free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform and otherwise exploit such Feedback without restriction, including in connection with the Services and any updates, extensions or successive versions of the Services.
3. User Content
3.1 Your Content
You are responsible for the Content that you provide or make available via the Service (“User Content”), or that other users provide or make available. BitGo will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any User Content. If your access to the Service is suspended or terminated, you will not have access to the User Content.
3.2 Sharing of Content
If you enable the features that allow you to share User Content with others, anyone you’ve shared User Content with (including the general public, in certain circumstances) may have access to your User Content.
You hereby grant BitGo and its contractors the right, to use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in the User Content that you provide necessary for you to use the Service and to grant the rights in these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn’t violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the User Content; (b) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the User Content, which may include, your use of additional encryption technology to protect the User Content from unauthorized access.
3.5 Inappropriate Content
You will not store or transmit inappropriate User Content, including any User Content: (a) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (b) containing any material that encourages conduct that could constitute a criminal offense, or (c) that violates the intellectual property rights or rights to the publicity or privacy of others; (d) containing or that uses software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (f) that harms, threatens, or harasses another person, organization, or BitGo.
3.6 Global Storage
You understand and consent to the storage and processing of User Content and any other personal information in the United States. BitGo reserves the right to store and process personal information outside of the United States.
4. Export Restrictions.
The App is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the App. You may not transfer the App to anyone or anywhere on U.S. government exclusion lists (for example, the Commerce Department’s compliance list (ww.bis.doc.gov/complianceandenforcement/liststocheck.htm). You represent and warrant that you’re not on any of such lists or under the control of or an agent for anyone on such lists. You may not take a copy of the App to a U.S.-embargoed country (as of the date of these Terms: the Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan or Syria) or use the Service in violation of any U.S. export law or regulation.
5. No Warranties.
ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. BITGO PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITGO MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BITGO MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BITGO, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSORS (COLLECTIVELY, “RELEASED ENTITIES”), OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION.
You agree to indemnify and hold BitGo and its subsidiaries, affiliates, officers, agents, employees, partners, suppliers, and licensors harmless from any claim, action, investigation or demand, including reasonable attorneys’ fees, arising out of or relating to: (a) User Content; (b) use of the Service by you or under your account; or (c) your violation of these Terms or of any third party rights. BitGo will use commercially reasonable efforts to notify you of any such claim, action, investigation or demand that is subject to your indemnification obligation.
7. Limitations of Liability.
7.1 IN NO EVENT WILL BITGO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, LOSS OF DIGITAL ASSETS, OR USER CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ANY OF THE FOREGOING PARTIES HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
7.2 IN NO EVENT WILL THE AGGREGATE LIABILITY OF BITGO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND LICENSORS LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) $50, OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO BITGO FOR THE SERVICE IN THE TWELVE MONTHS BEFORE YOUR CLAIM AROSE. THE FOREGOING LIMITATION APPLIES UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE.
7.3 THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
7.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. To the extent that you reside in a jurisdiction where applicable law does not permit BitGo to limit its liability to the extent set forth in Section 7.1, 7.2 or 7.3, then such limitations may not apply to you.
8.1 YOU AND BITGO AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS TO ARBITRATE) SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. The language to be used in the arbitral proceedings will be English. You agree that you and BitGo are each waiving the right to a trial by jury and to participate in a class action. This arbitration provision shall survive any termination of other terms.
8.2 The arbitrator shall not have the power to award damages that are limited or waived by these Terms (such as punitive damages, treble damages, or any other damages which are not compensatory), to the extent such limitation or waiver is permitted under applicable law, and the parties waive any right to recover any such damages. Further, the arbitrator shall have no power to issue any award that is contrary to or inconsistent with any applicable statute, case law or constitutional law, to modify, change or excuse performance of any material term of these Terms, or to award equitable relief. The arbitration proceedings and decision of the arbitrator shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to the extent necessary to compel any award made by the arbitrator.
8.3 The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, or if you reside outside the U.S.A., pursuant to JAMS International Arbitration Rules (in each case, the “Rules”).
8.4 The arbitration hearings will take place in Palo Alto, California.
8.5 YOU AND BITGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BitGo agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
8.6 Notwithstanding any other provision in this Section 8 to the contrary, either party will at all times be entitled to seek and obtain injunctive relief from infringement or threatened infringement of its intellectual property rights, or misappropriation of its trade secrets, in any court having jurisdiction. Each party agrees that notice of arbitration may be serviced by written notice as provided by Section 11.1.
9. Choice of Law and Alternate Forum.
These Terms shall be governed by, subject to, and interpreted in accordance with the laws of the state of California, and the federal laws of the U.S.A., each without regard to conflict of laws principles. The parties agree that these Terms and the transactions contemplated therein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If arbitration cannot be compelled under Section 8, then the parties (a) hereby irrevocably consent to the jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Santa Clara County, California for the purposes of adjudicating any action or proceeding to enforce these Terms, and (b) each party waives, to the fullest extent permitted by law, any objection that it may now or later have to such venue and any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
10. Claims of Infringement.
If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify BitGo’s Copyright Agent by written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below:
fully describe such item, and provide the exact location of the material, such as the permanent URL for the web page containing the material.
your full name, email address, telephone number, and full physical address.
proof of copyright in the Content concerned, namely proof of registration under the DMCA; or, absent such registration, a detailed description of where the work was created, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign, scan and email the document to [email protected] Alternately, sign the document and either fax or mail it to the address found at the end of these Terms. Please make sure that your spam filter does not block our response.
Our address for infringement notices: BitGo, Inc. Attn: DMCA Agent 445 Sherman Avenue, Suite 200, Palo Alto California 943066.
11. Other Terms
Except as otherwise specified in these Terms, all notices hereunder shall be in writing and shall be effectively given upon: (i) personal delivery, (ii) delivery of certified or registered mail, or by courier service, (iii) the first business day after sending by email. Notices shall be deemed to have been given, delivered and received upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of delivery identified by the applicable postal service on any return receipt card or confirmation by courier service, even if such delivery was refused. Notices to you will be addressed using the contact information you provided to us in connection with your account. Notices to us will be address to us at our contact information below. Either party may update their contact information for notice purposes by giving the other party appropriate notice under this Section 11.1
Our address for notices: BitGo, Inc. Attention: Legal Notices 445 Sherman Ave, Suite 200 Palo Alto, Ca 94306 [email protected]
11.2 Entire Agreement
11.3 Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of a breach of these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation will not apply to misappropriation or infringement of intellectual property rights.
11.4. Independent Contractors.
No third-party beneficiaries; Assignment. BitGo and you are not legal partners or agents of each other; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors. You may not assign or delegate these Terms, your obligations, rights or responsibilities. Any attempt by you to do so is void. BitGo may assign or delegate these Terms, its obligations, rights and responsibilities, in whole or in part, at any time with or without notice to you.
11.5 Government Use.
If you are a U.S. government entity, you acknowledge that any software and documentation that are provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
11.6 Savings Clause.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.
11.7 Company Use.
If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising to BitGo that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization). Nevertheless, each individual that uses the Service or accepts these Terms on behalf of an organization agrees that the permissions given to BitGo under these Terms, and the restrictions and limitations to the rights of persons and entities using the Service, apply to each such individual. You may use the Service only in compliance with these Terms and only if you have the power to form a contract with BitGo and are not barred under any applicable laws from doing so.
The word “or” as used in these Terms has the meaning equivalent to “and/or”. The terms ‘include’ and ‘including’ will be deemed to be immediately followed by the phrase “without limitation”. These Terms do not confer any rights or benefits to any third party beneficiaries. The headings appearing at the beginning of sections have been inserted for identification and reference purposes only and must not be used to construe or interpret these Terms. The word “will” expresses an obligation equivalent to “shall”. These Terms will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of these Terms. We each agree to contract in the English language. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
Last updated: September 13, 2017.