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Owner data agreement
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Owner Data Agreement
This Owner Data Agreement (this “Agreement”) sets forth the terms and conditions under which individuals, whom we call “Owners”, may use the Personal service (“Personal Service”) to upload, store and manage data and content, and can permit others to receive and use such data and content as part of the Personal Service.
Summary of Important Terms & Rights for Owners
You own your data
Under the terms of this Agreement, Owners will own all of their data that they upload to the Personal Service, as well as any data they create while using the Personal Service.
You control who gets access to your data
Data Users are contractually obligated to use Owner data only as authorized by the Owner
Any Data User (as defined below) to whom an Owner elects to grant access to their data stored with the Personal Service will be required to agree to the terms and conditions in this Agreement regarding the use of such data.
Take your data with you
At an Owner’s request, Personal will promptly export their data and permanently delete all data that the Owner has stored with the Personal Service.
Under the terms of this Agreement, Owners will own all of their data that they upload to the Personal Service, as well as any data they create while using the Personal Service.
You control who gets access to your data
Only Owners can grant access to their data that is stored with the Personal Service. Personal will never grant any third party access to an Owner’s data, except strictly in accordance with our Privacy Policy, which is incorporated into and made a part of this Agreement and may be found here, or when specifically required by law.
Data Users are contractually obligated to use Owner data only as authorized by the Owner
Any Data User (as defined below) to whom an Owner elects to grant access to their data stored with the Personal Service will be required to agree to the terms and conditions in this Agreement regarding the use of such data.
Take your data with you
At an Owner’s request, Personal will promptly export their data and permanently delete all data that the Owner has stored with the Personal Service.
Summary of Important Terms & Rights for Data Users
Covenants Data Users must never violate
Data Users may not access, use, store, share or monetize an Owner’s data without explicit permission from the Owner, and must agree to transparency in the usage of such data. In other words, Data Users must clearly explain how they will use an Owner’s data.
Data Users may not access, use, store, share or monetize an Owner’s data without explicit permission from the Owner, and must agree to transparency in the usage of such data. In other words, Data Users must clearly explain how they will use an Owner’s data.
AGREEMENT
THIS IS A LEGAL AGREEMENT. PLEASE CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING THE “I AGREE TO THE OWNER DATA AGREEMENT” BUTTON ON THE REGISTRATION PAGE, YOU INDICATE YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND YOU AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PERSONAL. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCEPT THIS AGREEMENT, AND YOU MAY NOT USE THE PERSONAL SERVICE.
This Personal, Inc. Owner Data Agreement (“Agreement”) is between Personal, Inc. (“Personal”) and the person or entity indicating his or her acceptance of this Agreement (“you”), and governs your use of the Personal service (“Personal Service”). By clicking “I AGREE TO THE OWNER DATA AGREEMENT” on the registration page, you acknowledge that you have read and understood, and agree to be bound by the terms of, this Agreement.
If Personal makes any material change to this Agreement, we will post a prominent notice within the Personal Service that the Agreement has been modified. The version of the Agreement linked on the home page of the Personal Service will indicate it is revised and set forth the effective date of the revision. Before using the Personal Service following any revision of this Agreement, you will be asked to agree to be bound by such revised Agreement or, if you do not agree, you will be provided with limited use of the Personal Service for a period of thirty (30) days for the purpose of exporting all your data and permanently deleting your account.
The provisions contained in this Agreement supersede all previous notices or statements regarding our terms and conditions for use of the Personal Service. The Summary of Important Terms set forth above is provided for your convenience, solely as a courtesy. In the event of any conflict between the terms and conditions in this Agreement and the Summary of Important Terms set forth above, the terms and conditions of this Agreement shall prevail. If you are not at least 18 years of age, you may not use Personal without the express consent of your parent or guardian (indicated by that person’s electronic signature approving this Agreement). No part of the Personal Service is directed at children under the age of 13, and if you are under the age of 13, you may not use the Personal Service under any circumstances.
This Agreement was last updated on November 11, 2011.
1 DEFINITIONS
The following terms have the meanings set forth below, and other defined terms have the meanings set forth where such terms are first underlined:
1.1 “Consent to Grant Access” means a specific, written authorization by an Owner for one or more Data Users to access and use specific Shared Gems for a limited purpose and/or period of time.
1.2 “Data” means Owner Data and/or Third Party Owner Data, as applicable.
1.3 “Data User” means a party that is granted the right by an Owner to access Shared Gems through the Personal Service or Personal Access and use such Shared Gems for commercial purposes pursuant to a Consent to Grant Access and the terms and conditions of this Agreement, including the Data User Covenants.
1.4 “Data User Covenants” means the rules applicable to the use by Data Users of the Personal Service, Personal Access and Shared Gems, and which are incorporated into each Consent to Grant Access. Any revisions in the Data User Covenants will be reflected in new Consents to Grant Access, and the current version of such Covenants will always be set forth on the website. Existing or prior Consents to Grant Access will remain subject to the Data User Covenants in effect at the time the Consent was authorized, unless the Owner agrees to a change. The Data User Covenants are hereby incorporated into this Agreement. Presently, Personal is developing Data User Covenants and will post them for Owners to review.
1.5 “Data Vault” means a feature of the Personal Service that enables Owners to store and manage Data.
1.6 “Gems” mean subsets of Data that are organized around a specific theme to enable such Owner to share targeted, relevant Data with Data Users. Examples of Gems are Car Maintenance, House Sitter, Kid’s Food Favorites, Pet Basics, etc.
1.7 “Owner” means an individual who has registered to use Personal and is not a Data User.
1.8 “Owner Data” means data and information, including both personally identifiable information and non-personally identifiable information, about an Owner that is uploaded by such Owner to their Data Vault. Owner Data does not include Third Party Owner Data or Third Party Content.
1.9 “Personal Access” means a feature of Personal that enables, through use of an application programming interface to the Data Vault, Owner-authorized Data Users to access Shared Gems for the purpose of providing value to an Owner, including but not limited to completing forms, website personalization, discounts, points, payment or other benefits.
1.10 “Personal Service” means the Personal Data Vault and Service, located at www.personal.com, where Owners may upload, store and manage the Owner Data, download Third Party Owner Data and grant permission to Data Users to access and use such Owner Data and Third Party Owner Data, as more fully set forth in this Agreement.
1.11 “Shared Gem” means a specific Gem to which an Owner authorizes access by one or more Data Users for a specific use and/or limited period of time, as set forth in an applicable Consent to Grant Access.
1.12 “Third Party Content” means content and information uploaded by an Owner to their Data Vault that is not the property of such Owner.
1.13 “Third Party Owner Data” means data, information and content that is downloaded into such Owner’s Data Vault from a third party at the request of such Owner and with the permission of such third party.
2 ACCESS TO AND USE OF THE PERSONAL SERVICE
Personal hereby grants to you a limited, personal, non-transferable right and license to access and use the Personal Service, subject to all of the terms and conditions of this Agreement.
3 DATA
3.1 Data Security. Personal understands that maintaining the confidentiality and security of your Data is important to you, and Personal uses industry standard, or better, administrative, physical and technical safeguards to protect the confidentiality, integrity, and security of Data. Nonetheless, no security measures are 100% effective and Personal cannot guarantee absolute security. In addition, PERSONAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE THEFT, DELETION, DESTRUCTION, DAMAGE, LOSS OF OR FAILURE TO STORE ANY DATA. In the event this Agreement expires or is terminated, and upon Owner’s written request, Personal will export to you a copy of your Data before you delete your account.
3.2 Gems. You understand and agree, that the specific Gems available on the Personal Service, and the data fields that are included in each Gem, are determined by Personal, and that Personal reserves the right, from time to time, to reorganize and/or remove Gems and the data fields contained therein. You further acknowledge and agree that in connection with such reorganization and/or removal activities it is possible that some Data contained in Gems may be deleted and/or moved to a new Gem, and that Personal shall not be responsible for any loss or relocation of any Data arising out of such reorganization and/or removal activities.
3.3 Data Ownership and Rights. Owners always retain ownership of their Owner Data, and Personal and Data Users are not granted any right to use Owner Data or Third Party Owner Data, except for the specific permissions that are granted to them in a Consent to Grant Access. Third Party Owner Data remains the property of the third party from which such Data was obtained, provided that the applicable Owner shall have a license that permits them to include Third Party Owner Data in Shared Gems.
3.4 License to Access and Use Shared Gems.
(a) In the relevant Consent to Grant Access, each Owner grants to any Data User with whom he or she has elected to provide a Shared Gem, a non-exclusive, limited, non-transferable, non-assignable, license, without the right to grant or authorize sublicenses, to access and use the applicable Shared Gem solely for the purpose and period of time set forth in the applicable Consent to Grant Access, and solely in accordance with the Data User Covenants.
(b) In consideration of a Consent to Grant Access, the relevant Data User agrees not to use or disclose, in whole or in part, to any third party such Shared Gem except as expressly permitted in the applicable Consent to Grant Access, and in accordance with the terms and conditions of this Agreement, including, without limitation, the Data User Covenants.
3.5 Suggestions for Improvement. You hereby grant to Personal a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Personal Service any suggestions, enhancement requests, recommendations or other feedback related to the Personal Service that is provided by you to Personal and/or its representatives.
4 TERM AND TERMINATION
4.1 Term of Agreement. This Agreement will commence upon the date that you accept this Agreement and shall continue in force and effect until its termination in accordance with Section 4.2 below.
4.2 Termination. You may terminate this Agreement at any time by ceasing to use the Personal Service, and canceling and deleting your account. Personal may terminate this Agreement and your right to use the Personal Service upon thirty (30) days notice to you if Personal ceases to offer the Personal Service. If you breach this Agreement, Personal may terminate this Agreement and/or your right to use the Personal Service immediately without notice.
5 TAXES
You understand and agree that you are solely responsible for the payment of any and all local, state and/or federal taxes that may be imposed upon you as a result of the receipt by you of anything of value provided to you in connection with your use of Personal.
6 WARRANTIES AND DISCLAIMER
6.1 By You. Each Owner represents and warrants to Personal that any Owner Data with respect to which you provide a Consent to Grant Access, and your uploading to and storage with the Personal Service of any Third Party Content, does not violate any law or legal requirement, and does not infringe the rights of any other person or entity. Owners agree to defend, indemnify and hold harmless Personal, and all other persons or entities using the Personal Service, from and against any loss or damages arising out of your breach of the foregoing warranty.
6.2 Disclaimer. YOU UNDERSTAND AND AGREE, THAT THE PERSONAL SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERSONAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND PERSONAL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE PERSONAL SERVICE, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE PERSONAL SERVICE, OR THAT THE PERSONAL SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE PERSONAL SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PERSONAL SERVICE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.
7 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERSONAL, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, LOSS OF DATA, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE PERSONAL SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PERSONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU BELIEVE THAT PERSONAL HAS BREACHED THIS AGREEMENT, YOU AGREE THAT YOUR EXCLUSIVE REMEDY WILL BE TO CEASE USE OF THE PERSONAL SERVICE, AND THAT PERSONAL’S SOLE OBLIGATION WILL BE TO DELETE YOUR DATA AND CLOSE YOUR ACCOUNT. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply.
8 GENERAL
8.1 Assignment. You may not assign this Agreement either in whole or in part, without the prior written consent of Personal. Any assignment in violation of this Section shall be void and of no effect.
8.2 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Delaware, except for its rules regarding conflicts of laws. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Wilmington, Delaware in any litigation arising out of the Agreement.
8.3 Relationship of the Parties. The parties to this Agreement are independent contractors, and nothing in this Agreement shall be deemed to create any partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
8.4 Survival. The provisions of Sections 3.3, 3.5, and 5 - 8 shall survive any termination or expiration of this Agreement.
8.5 Waivers. The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.
8.6 Entire Agreement. This Agreement and the Data User Covenants, Consent to Grant Access and Privacy Policy, as each may be amended or modified in accordance with its terms, constitutes the entire agreement between you and Personal with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any conflict between the terms and conditions of this Agreement, and the terms and conditions set forth in the Personal Terms of Use, the terms and conditions of this Agreement shall prevail.
THIS IS A LEGAL AGREEMENT. PLEASE CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING THE “I AGREE TO THE OWNER DATA AGREEMENT” BUTTON ON THE REGISTRATION PAGE, YOU INDICATE YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND YOU AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PERSONAL. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCEPT THIS AGREEMENT, AND YOU MAY NOT USE THE PERSONAL SERVICE.
This Personal, Inc. Owner Data Agreement (“Agreement”) is between Personal, Inc. (“Personal”) and the person or entity indicating his or her acceptance of this Agreement (“you”), and governs your use of the Personal service (“Personal Service”). By clicking “I AGREE TO THE OWNER DATA AGREEMENT” on the registration page, you acknowledge that you have read and understood, and agree to be bound by the terms of, this Agreement.
If Personal makes any material change to this Agreement, we will post a prominent notice within the Personal Service that the Agreement has been modified. The version of the Agreement linked on the home page of the Personal Service will indicate it is revised and set forth the effective date of the revision. Before using the Personal Service following any revision of this Agreement, you will be asked to agree to be bound by such revised Agreement or, if you do not agree, you will be provided with limited use of the Personal Service for a period of thirty (30) days for the purpose of exporting all your data and permanently deleting your account.
The provisions contained in this Agreement supersede all previous notices or statements regarding our terms and conditions for use of the Personal Service. The Summary of Important Terms set forth above is provided for your convenience, solely as a courtesy. In the event of any conflict between the terms and conditions in this Agreement and the Summary of Important Terms set forth above, the terms and conditions of this Agreement shall prevail. If you are not at least 18 years of age, you may not use Personal without the express consent of your parent or guardian (indicated by that person’s electronic signature approving this Agreement). No part of the Personal Service is directed at children under the age of 13, and if you are under the age of 13, you may not use the Personal Service under any circumstances.
This Agreement was last updated on November 11, 2011.
1 DEFINITIONS
The following terms have the meanings set forth below, and other defined terms have the meanings set forth where such terms are first underlined:
1.1 “Consent to Grant Access” means a specific, written authorization by an Owner for one or more Data Users to access and use specific Shared Gems for a limited purpose and/or period of time.
1.2 “Data” means Owner Data and/or Third Party Owner Data, as applicable.
1.3 “Data User” means a party that is granted the right by an Owner to access Shared Gems through the Personal Service or Personal Access and use such Shared Gems for commercial purposes pursuant to a Consent to Grant Access and the terms and conditions of this Agreement, including the Data User Covenants.
1.4 “Data User Covenants” means the rules applicable to the use by Data Users of the Personal Service, Personal Access and Shared Gems, and which are incorporated into each Consent to Grant Access. Any revisions in the Data User Covenants will be reflected in new Consents to Grant Access, and the current version of such Covenants will always be set forth on the website. Existing or prior Consents to Grant Access will remain subject to the Data User Covenants in effect at the time the Consent was authorized, unless the Owner agrees to a change. The Data User Covenants are hereby incorporated into this Agreement. Presently, Personal is developing Data User Covenants and will post them for Owners to review.
1.5 “Data Vault” means a feature of the Personal Service that enables Owners to store and manage Data.
1.6 “Gems” mean subsets of Data that are organized around a specific theme to enable such Owner to share targeted, relevant Data with Data Users. Examples of Gems are Car Maintenance, House Sitter, Kid’s Food Favorites, Pet Basics, etc.
1.7 “Owner” means an individual who has registered to use Personal and is not a Data User.
1.8 “Owner Data” means data and information, including both personally identifiable information and non-personally identifiable information, about an Owner that is uploaded by such Owner to their Data Vault. Owner Data does not include Third Party Owner Data or Third Party Content.
1.9 “Personal Access” means a feature of Personal that enables, through use of an application programming interface to the Data Vault, Owner-authorized Data Users to access Shared Gems for the purpose of providing value to an Owner, including but not limited to completing forms, website personalization, discounts, points, payment or other benefits.
1.10 “Personal Service” means the Personal Data Vault and Service, located at www.personal.com, where Owners may upload, store and manage the Owner Data, download Third Party Owner Data and grant permission to Data Users to access and use such Owner Data and Third Party Owner Data, as more fully set forth in this Agreement.
1.11 “Shared Gem” means a specific Gem to which an Owner authorizes access by one or more Data Users for a specific use and/or limited period of time, as set forth in an applicable Consent to Grant Access.
1.12 “Third Party Content” means content and information uploaded by an Owner to their Data Vault that is not the property of such Owner.
1.13 “Third Party Owner Data” means data, information and content that is downloaded into such Owner’s Data Vault from a third party at the request of such Owner and with the permission of such third party.
2 ACCESS TO AND USE OF THE PERSONAL SERVICE
Personal hereby grants to you a limited, personal, non-transferable right and license to access and use the Personal Service, subject to all of the terms and conditions of this Agreement.
3 DATA
3.1 Data Security. Personal understands that maintaining the confidentiality and security of your Data is important to you, and Personal uses industry standard, or better, administrative, physical and technical safeguards to protect the confidentiality, integrity, and security of Data. Nonetheless, no security measures are 100% effective and Personal cannot guarantee absolute security. In addition, PERSONAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE THEFT, DELETION, DESTRUCTION, DAMAGE, LOSS OF OR FAILURE TO STORE ANY DATA. In the event this Agreement expires or is terminated, and upon Owner’s written request, Personal will export to you a copy of your Data before you delete your account.
3.2 Gems. You understand and agree, that the specific Gems available on the Personal Service, and the data fields that are included in each Gem, are determined by Personal, and that Personal reserves the right, from time to time, to reorganize and/or remove Gems and the data fields contained therein. You further acknowledge and agree that in connection with such reorganization and/or removal activities it is possible that some Data contained in Gems may be deleted and/or moved to a new Gem, and that Personal shall not be responsible for any loss or relocation of any Data arising out of such reorganization and/or removal activities.
3.3 Data Ownership and Rights. Owners always retain ownership of their Owner Data, and Personal and Data Users are not granted any right to use Owner Data or Third Party Owner Data, except for the specific permissions that are granted to them in a Consent to Grant Access. Third Party Owner Data remains the property of the third party from which such Data was obtained, provided that the applicable Owner shall have a license that permits them to include Third Party Owner Data in Shared Gems.
3.4 License to Access and Use Shared Gems.
(a) In the relevant Consent to Grant Access, each Owner grants to any Data User with whom he or she has elected to provide a Shared Gem, a non-exclusive, limited, non-transferable, non-assignable, license, without the right to grant or authorize sublicenses, to access and use the applicable Shared Gem solely for the purpose and period of time set forth in the applicable Consent to Grant Access, and solely in accordance with the Data User Covenants.
(b) In consideration of a Consent to Grant Access, the relevant Data User agrees not to use or disclose, in whole or in part, to any third party such Shared Gem except as expressly permitted in the applicable Consent to Grant Access, and in accordance with the terms and conditions of this Agreement, including, without limitation, the Data User Covenants.
3.5 Suggestions for Improvement. You hereby grant to Personal a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Personal Service any suggestions, enhancement requests, recommendations or other feedback related to the Personal Service that is provided by you to Personal and/or its representatives.
4 TERM AND TERMINATION
4.1 Term of Agreement. This Agreement will commence upon the date that you accept this Agreement and shall continue in force and effect until its termination in accordance with Section 4.2 below.
4.2 Termination. You may terminate this Agreement at any time by ceasing to use the Personal Service, and canceling and deleting your account. Personal may terminate this Agreement and your right to use the Personal Service upon thirty (30) days notice to you if Personal ceases to offer the Personal Service. If you breach this Agreement, Personal may terminate this Agreement and/or your right to use the Personal Service immediately without notice.
5 TAXES
You understand and agree that you are solely responsible for the payment of any and all local, state and/or federal taxes that may be imposed upon you as a result of the receipt by you of anything of value provided to you in connection with your use of Personal.
6 WARRANTIES AND DISCLAIMER
6.1 By You. Each Owner represents and warrants to Personal that any Owner Data with respect to which you provide a Consent to Grant Access, and your uploading to and storage with the Personal Service of any Third Party Content, does not violate any law or legal requirement, and does not infringe the rights of any other person or entity. Owners agree to defend, indemnify and hold harmless Personal, and all other persons or entities using the Personal Service, from and against any loss or damages arising out of your breach of the foregoing warranty.
6.2 Disclaimer. YOU UNDERSTAND AND AGREE, THAT THE PERSONAL SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERSONAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND PERSONAL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE PERSONAL SERVICE, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE PERSONAL SERVICE, OR THAT THE PERSONAL SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE PERSONAL SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PERSONAL SERVICE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.
7 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERSONAL, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, LOSS OF DATA, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE PERSONAL SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PERSONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU BELIEVE THAT PERSONAL HAS BREACHED THIS AGREEMENT, YOU AGREE THAT YOUR EXCLUSIVE REMEDY WILL BE TO CEASE USE OF THE PERSONAL SERVICE, AND THAT PERSONAL’S SOLE OBLIGATION WILL BE TO DELETE YOUR DATA AND CLOSE YOUR ACCOUNT. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply.
8 GENERAL
8.1 Assignment. You may not assign this Agreement either in whole or in part, without the prior written consent of Personal. Any assignment in violation of this Section shall be void and of no effect.
8.2 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Delaware, except for its rules regarding conflicts of laws. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Wilmington, Delaware in any litigation arising out of the Agreement.
8.3 Relationship of the Parties. The parties to this Agreement are independent contractors, and nothing in this Agreement shall be deemed to create any partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
8.4 Survival. The provisions of Sections 3.3, 3.5, and 5 - 8 shall survive any termination or expiration of this Agreement.
8.5 Waivers. The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.
8.6 Entire Agreement. This Agreement and the Data User Covenants, Consent to Grant Access and Privacy Policy, as each may be amended or modified in accordance with its terms, constitutes the entire agreement between you and Personal with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any conflict between the terms and conditions of this Agreement, and the terms and conditions set forth in the Personal Terms of Use, the terms and conditions of this Agreement shall prevail.
Owner data agreement
