Terms of Service
Last Updated: Jan 23, 2018
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
These Terms and Conditions of Sale and any other terms referred to herein (collectively the "Terms and Conditions") apply between you and Zeitgeist Mobility Inc., a Toronto, Ontario, Canada corporation ("Zeitgeist", "we", or "us") when you order or purchase a Zeitgeist Zeitgeist bicycle ("Zeitgeist") from Zeitgeist.
Every time you order or purchase a Zeitgeist from Zeitgeist, the Terms and Conditions in force at that time will apply between you and Zeitgeist. We reserve the right to change the Terms and Conditions at any time without notice, effective upon their posting on this page. Please review the Terms and Conditions prior to placing an order or making a purchase from Zeitgeist.
THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY ORDERING OR PURCHASING A ZEITGEIST FROM ZEITGEIST, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OR DO NOT ACCEPT ANY PART OF THEM, YOU MAY NOT PLACE AN ORDER OR MAKE ANY PURCHASE FROM ZEITGEIST.
(b) No Modification: Without limiting the foregoing, you acknowledge and agree that any unauthorized modification of Software violates the End User License Agreement and may terminate your right to use Software. Moreover, should you be unable to use your Zeitgeist due to an unauthorized modification of Software or your Zeitgeist, its repair will not be covered under the Limited Warranty.
(c) Mobile Services: An Internet connection is required to access and/or use some of the Services and Features. Neither the Zeitgeist nor any of the Services and Features comes with a cellular data plan, a wireless service plan, or any other Internet connectivity service. You are solely responsible for obtaining access to the Internet through a cellular data service provider or a wireless service provider (each a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Services and Features. You agree that Zeitgeist has no responsibility for: (i) the provision of cellular data services, wireless services, or any other Internet connectivity services; and (ii) the terms under which Wireless Carriers or Internet Service Providers may offer these services. Use of any Services and Features that utilize cellular data services, wireless services, or any other Internet connectivity services may incur extra costs and are governed by the terms of a separate agreement between you and your selected Wireless Carrier and/or Internet Service Provider.
(d) Access: Certain Services and Features may not be available in all languages or regions and some Services and Features may vary by region. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. You are responsible for complying with all applicable laws and regulations of the country for which the Zeitgeist is destined. We are not liable or responsible if you break any such law/s. Moreover, some or all Services and Features may be prohibited, restricted, or unavailable from your selected Wireless Carrier and/or Internet Service Provider.
(e) Compatibility: The Zeitgeist may not be compatible with certain computers and/or mobile devices. Zeitgeist makes no warranty with respect to such computers or mobile devices or their compatibility with the Zeitgeist.
After we receive your order and payment, we will send you an order confirmation via email and our third party payment processor will provide you with a receipt. Please carefully review all information included in both the order confirmation and the receipt and notify us of any changes or corrections within 48 hours. Your receipt of an order confirmation and/or a receipt does not signify Zeitgeist’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order and/or payment. Zeitgeist reserves the right at any time after receiving your order and/or payment to accept or decline your order for any reason. If Zeitgeist cancels an order after you have paid for the order (in part or in whole), Zeitgeist will refund the amount paid. Once placed you may not cancel your order except by emailing info@Zeitgeist.com within 2 days of placing it.
Given the popularity and/or supply constraints of the Zeitgeist, Zeitgeist may limit the number of Zeitgeists available for purchase. There may be occasions when Zeitgeist confirms and/or accepts payment for your order but subsequently learns that we cannot supply the ordered Zeitgeist. In the event we cannot supply a Zeitgeist you ordered, Zeitgeist will cancel the order and refund your payment in full.
All prices are in U.S. dollars unless otherwise expressly stated in writing. Zeitgeist reserves the right to change the prices and specifications of the Zeitgeist at any time without prior notice, and to correct pricing errors that may inadvertently occur. The price in effect at the time you order or purchase a Zeitgeist from Zeitgeist will apply to that purchase or order.
6. Sales Tax
Sales tax is solely calculated and charged on orders shipping to a Canadian address. You are responsible for any and all VAT and/or other taxes due on any orders and/or purchases shipping to any address outside of Canada.
7. Resale and Title Transfer
Purchases made through the Zeitgeist website are intended for you, as the end user, only. Title passes to you at the time of delivery by Zeitgeist to the freight carrier. You may only transfer title as provided for under section 2 of the End User License Agreement and section 4(b) of the Terms of Service.
Prices for the Zeitgeist do not include delivery costs. We offer a flat rate shipping charge of $150 USD to Australia, Austria, Belgium, Bulgaria, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Italy, Japan, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, US, and UK. Please email email@example.com for all other shipping rates. Zeitgeist will be responsible for any loss or damage that occurs to your new and unused Zeitgeist during transit to you after purchase. Zeitgeist is not responsible for any duties, taxes, or brokerage, handling, customs, clearance, or other fees, charges, or amounts incurred in connection with any shipment of your Zeitgeist.
We do not accept any returns or refunds whatsoever except as expressly set forth in the Limited Warranty.
If you have any questions or concerns regarding your Zeitgeist or the Terms and Conditions, please contact us via email at firstname.lastname@example.org.
11. Electronic Communication
You are communicating with Zeitgeist electronically when you use the Zeitgeist website or send email to Zeitgeist. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Import and Export
A Zeitgeist may be subject to import and export laws and regulations in Canada, the United States, and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Zeitgeist. These laws may include restrictions on destinations, users, and end use.
14. Dispute Resolution
(a) Informal Dispute Resolution: We would rather address concerns informally than pursue formal legal cases. Before filing a claim against Zeitgeist, you agree to try to resolve any and all disputes informally by contacting email@example.com. We will endeavour to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Zeitgeist may bring a formal proceeding.
(b) Limitation: Should you desire to file any cause of action against Zeitgeist, arising out of or related to the Terms and Conditions or your Zeitgeist, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
(c) No Class Action: YOU AND ZEITGEIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall: (i) consolidate any other person’s claims with your claims; or (ii) otherwise preside over any form of a multi-party or class proceeding arising out of or relating to the Terms and Conditions or a Zeitgeist.
(d) Governing Law: The Terms and Conditions and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Terms and Conditions or a Zeitgeist shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of litigating all such claims, disputes, actions, causes of action, issues, or requests for relief.
(e) Arbitration: You and Zeitgeist agree to resolve any claims relating to the Terms and Conditions through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting the Terms and Conditions and stating that you decline this arbitration agreement. The arbitration shall take place in Toronto, Ontario, Canada. The arbitration shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, you agree that no arbitrator has the authority to: (i) award relief in excess of what the Terms and Conditions provide; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TORONTO, ONTARIO, CANADA.
(f) Exceptions to Agreement to Arbitrate: Either you or Zeitgeist may assert claims, if they qualify, in small claims court in Toronto, Ontario, Canada. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized access, use, or abuse of Zeitgeist’s products and/or services and/or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
15. Warranties and Disclaimers
ANY ZEITGEIST PURCHASED FROM ZEITGEIST IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY. WITHOUT LIMITING THE FOREGOING, ANY ZEITGEIST PURCHASED FROM ZEITGEIST IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF COMPLETENESS, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER THE TERMS AND CONDITIONS OR THE LIMITED WARRANTY OR BOTH, BUT YOU MAY NOT RECOVER TWICE IN RESPECT OF THE SAME LOSS. TO INITIATE A CLAIM UNDER THE LIMITED WARRANTY, YOU SHOULD CONTACTinfo@zeitgeistmobility.com.
16. Limitation of Liability
Nothing in the Terms and Conditions, and in particular within this limitation of liability provision, shall attempt to exclude or limit liability that cannot be excluded under applicable law. Without limiting the foregoing, the following is not intended to limit the application of section 10 of the Quebec Consumer Protection Act, if such section is otherwise applicable. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (I) ZEITGEIST BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO A ZEITGEIST, EVEN IF ZEITGEIST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ZEITGEIST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO A ZEITGEIST, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ZEITGEIST FOR THE ZEITGEIST AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
17. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions or any other agreement if such failure is caused by an act or event beyond our reasonable control, including, without limitation, an act of God, strike, lock-out or other industrial action by a third party, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, natural disaster, failure of public or private telecommunications network, or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
If any provision of the Terms and Conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect
Failure or delay by us to enforce the Terms and Conditions or any provision thereof will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
20. Entire Agreement
Except as otherwise stated herein, the Terms and Conditions constitute the entire and exclusive understanding and agreement between Zeitgeist and you with respect to your order and/or purchase of a Zeitgeist from Zeitgeist, and supersedes any other agreements or discussions, oral or written.
Terms of Service
Zeitgeist’s products and services are provided by Zeitgeist, Inc., a Toronto, Ontario, Canada corporation ("Zeitgeist", "we", or "us"). These Terms of Service (“Terms”) govern your access to and use of: (i) your Zeitgeist Zeitgeist bicycle ("Zeitgeist"); (ii) your online user account (“Account”); (iii) any firmware, software, and/or updates that we install or provide for installation on your Zeitgeist (collectively "Zeitgeist Software"); (iv) the Zeitgeist mobile app and other software applications that you can use to connect to your Zeitgeist (collectively "Zeitgeist Apps"); and (v) any web or mobile sites that we provide, including but not limited to any web or mobile sites that you can use with your Zeitgeist and/or Zeitgeist Apps (collectively "Zeitgeist Sites"). The term “Services” means Accounts, Zeitgeist Software, Zeitgeist Apps, and Zeitgeist Sites.
We may change these Terms at any time without notice, such that the revised Terms shall be effective immediately upon their posting on this page. Your continued use of the Services and/or your Zeitgeist shall be considered your acceptance of the revised Terms.
THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU DO NOT HAVE THE RIGHT TO USE A ZEITGEIST AND/OR ACCESS OR USE THE SERVICES.
ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION OR LIMITATION TO THE FUNCTIONALITY OF THE SERVICES SHALL BE SUBJECT TO THESE TERMS. AS DESCRIBED BELOW, YOU ARE CONSENTING TO ACCEPT AUTOMATIC SOFTWARE UPDATES. IF YOU DO NOT AGREE, YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SERVICES.
(b) The Services: Zeitgeist solely provides the Services on an "as is" and "as available" basis to lawful owners of a Zeitgeist. Zeitgeist reserves the right to improve and change the Services at any time, at Zeitgeist’s sole discretion. Zeitgeist also reserves the right to suspend or discontinue any parts, or all, of the Services.
(c) Eligibility: You are not authorized to use the Services if you are under 13 years of age, whether or not you attempt to register. If you are under 18 years of age, you may only use the Services with the approval of your parent or guardian.
(d) Customer Service: If you have any questions or concerns regarding your Zeitgeist, the Services, or these Terms, please contact email@example.com.
(e) Term: These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated by us in accordance with the provisions of these Terms.
(g) Wireless and Wi-Fi Enabled Services: The Services include features that are available via a mobile device, including, inter alia: (i) the ability to upload information to the Services via a mobile device; (ii) the ability to browse the Services from a mobile device; and (iii) the ability to access certain features through Zeitgeist Apps downloaded and/or installed on a mobile device (collectively “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier and/or certain Wi-Fi hotspots, and not all Mobile Services may work with all carriers or devices or Wi-Fi hotspots. By using Mobile Services, you agree that we may communicate with you regarding Zeitgeist and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account to ensure that your messages are not sent to the person who acquires your old number.
To use the Services, you must register for an Account and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services does not violate any U.S., Canadian, or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account, whether or not authorized by you. You agree to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers, and symbols) in relation to your Account, and to maintain your passwords securely to prevent others from gaining access without your permission. You agree to immediately notify Zeitgeist of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Zeitgeist is not liable for any loss or damage arising from your failure to comply with the above requirements. You grant us the right to use your registration information and any other information you provide in connection with the operation of the Services.
4. Access to Services
(a) Access and Use: The Services are intended for your personal, non-commercial access and use. Subject to these Terms, Zeitgeist grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by: (i) using the Services solely in connection with your Zeitgeist, which may include installing and using the Zeitgeist Apps on your own mobile device or computer solely for the purpose of accessing the Services; and (ii) accessing or using the Zeitgeist Sites.
(b) Transfer: When you receive and unbox your Zeitgeist, you must create an Account online and connect your Zeitgeist to that Account (thus establishing a "Connection"). Once a Connection has been established, you may only terminate this Connection by emailing firstname.lastname@example.org. Once you have terminated the Connection, you may make a one-time permanent transfer of all of your license rights to the Zeitgeist Software to another party in connection with the transfer of ownership of your Zeitgeist. If you transfer your Zeitgeist to a new owner, your right to use the Services with respect to that Zeitgeist shall immediately terminate. The new owner will have no right to use that Zeitgeist or the Services under your Account and will have to register for a separate new Account with Zeitgeist, which Zeitgeist may or may not elect to grant at its sole discretion.
(c) Updates: Zeitgeist may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services (“Updates”). You acknowledge and agree that Updates (including ones implemented to comply with the DMCA) may cause the permanent limitation or discontinuation of functions and/or features of the Services. Updates may be automatically installed without providing any additional notice or receiving any additional consent. You hereby consent to all automatic Updates. If you do not desire such Updates, your sole remedy is to terminate your Account and stop using the Services and your Zeitgeist. If you do not terminate a previously-created Account, you will receive Updates automatically. You acknowledge that you may also be required to install Updates to use the Services and your Zeitgeist, and you agree to promptly install any Updates we provide. Without limiting anything else in these Terms or otherwise, in the event that you fail to install any Update/s all rights granted to you under these Terms shall terminate immediately. Your continued use of the Services and/or Zeitgeist constitutes your agreement thereto as well as to the End User License Agreement with respect to Updates.
(e) Restrictions: You agree that any use of the Services other than as specifically authorized herein is strictly prohibited. The rights granted to you in these Terms are also subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, in whole or in part; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, you agree not to copy, reproduce, distribute in print or electronically, republish, download, display publicly, post, or transmit the Services, in whole or in part, in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, a Zeitgeist, or any other system, device, or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Zeitgeist; (viii) you agree not to remove, obscure, or alter any proprietary rights notices (including copyright, trademark, and patent notices) which may be contained in or displayed in connection with the Services; (ix) you agree not to collect users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; (x) you agree not to intentionally or unintentionally violate, in connection with the Services, any applicable local, state, national, or international law, or any regulations having the force of law; (xi) you agree not to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services; (xii) you agree not to impersonate, imitate, or pretend to be any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xiii) you agree not to solicit personal information from anyone under the age of 18; (xiv) you agree not to use the Services to track the location of, or collect any personal information from, any other person without their express prior written permission as it pertains specifically to you; (xv) you agree not to intercept or "sniff" the communication packets between a Zeitgeist and a mobile device; and (xvi) you agree not to use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
(f) Modification and Suspension: Zeitgeist will make commercially-reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Zeitgeist reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand and agree that Zeitgeist does not offer any specific uptime guarantee for the Services and has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific features of the Services.
(g) System Requirements: The Services will not be accessible without: (i) an Account; and (ii) a compatible mobile device. A compatible mobile device means either: (i) an Android mobile device that supports BLE 4.0 and is running Android 4.2 or higher; or (ii) an iPhone that supports BLE 4.0 and is running iOS 7.0 or higher.
(a) Content: The Services may allow you to access, view, upload, submit, store, send, receive, and/or make available a variety of content, including but not limited to data, business listings, reviews, directions, communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, and sounds (collectively “Content”). You represent and warrant that you own or legitimately control all rights in and to any and all Content that you upload, submit, store, send, receive, or make available on or through the Services, including without limitation all trademark rights, copyrights, moral rights, and publicity rights contained therein (collectively “User Generated Content”).
(b) License: Your User Generated Content is not confidential or proprietary. You hereby grant, will grant, and warrant that you have the right to grant Zeitgeist a non-exclusive, non-revocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your User Generated Content. This license continues even if you stop using the Services.
(c) Restrictions: You hereby acknowledge and agree that you will not upload, submit, store, send, share, receive, or otherwise make available on or through the Services: (i) any Content that may expose Zeitgeist or its users to any harm or liability of any type; (ii) any Content that, in Zeitgeist’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable; (iii) any Content that involves the transmission of any photo/s or video/s of another person without that person's consent; (iv) any Content that involves the transmission of surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (v) anything that poses or creates a privacy or security risk to any person; or (vi) anything intended to circumvent or modify any security technology or software.
(d) Feedback: You may submit comments, suggestions, or ideas about the Zeitgeist, Zeitgeist, and the Services, including how to improve the Zeitgeist or the Services (“Ideas”). By submitting Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Zeitgeist under any fiduciary or other obligation. Zeitgeist may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Zeitgeist does not waive any rights to use similar or related ideas previously known to Zeitgeist, developed by its employees, or obtained from other sources.
(e) Enforcement: We reserve the right at all times (but will not have an obligation) to modify or delete any Content or User Generated Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, and/or safety of Zeitgeist, its users, and the public.
6. Adaptive Route
(a) Intended Use: Adaptive Route is a feature of the Services that creates a proposed route to a desired destination based on: (i) events, such as road conditions, traffic, and hills, that have been tracked by the sensors onboard other Zeitgeists; as well as (ii) input from users (“Adaptive Route”). These routes then allow users to navigate to desired destinations.
(b) Content on Adaptive Route: Adaptive Route may allow you to access and view Content. You acknowledge and agree that map data, traffic, directions, and related Content are provided for planning purposes only; We make no representations or warranties regarding the accuracy or completeness of Adaptive Route and/or Adaptive Route Content. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Content in connection with Adaptive Route.
(c) Restrictions: Unless you have received prior written authorization from Zeitgeist (or, as applicable, from the provider of particular Adaptive Route Content), you must not: (i) use Adaptive Route in a manner that gives you or any other person access to mass downloads or bulk feeds of any of the Adaptive Route Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; (ii) delete, obscure, or in any manner alter any warning or link that appears in the Adaptive Route or the Adaptive Route Content; (iii) use Adaptive Route or the Adaptive Route Content with any product, system, or application other than your Zeitgeist; or (iv) use Adaptive Route to create a database of places or other local listings information.
7. Zeitgeist Cloud
(a) Intended Use: The Zeitgeist Cloud is a feature of the Services that may allow you to locate your lost or stolen Zeitgeist (the “Zeitgeist Cloud”). When another Zeitgeist or a Wi-Fi hotspot receives a signal from your lost or stolen Zeitgeist, it may transmit the location data of your Zeitgeist. Once this location data has been transmitted, you may be able to access that location data via your Account.
(b) Availability: In order for another Zeitgeist to transmit the location data of your Zeitgeist: (i) the transmitting Zeitgeist must be connected to the Zeitgeist Cloud; and (ii) the two Zeitgeists must be within approximately 20 metres of one another. In order for a Wi-Fi hotspot to transmit the location data of your Zeitgeist, your Zeitgeist must be within approximately 20 metres of the Wi-Fi hotspot. Please note these distances are intended only as a general guideline and may be affected by walls, barriers, and other obstructions.
(c) Loss of Property: Zeitgeist shall bear no responsibility for returning your lost or stolen Zeitgeist to you or for any loss of tangible or intangible property. Moreover, We make no representations or warranties regarding the accuracy or completeness of the potential location data of your lost or stolen Zeitgeist. Moreover, You are expressly not authorized under any circumstance to use, or attempt to use, the Services to recover a Zeitgeist that has been, or is suspected to have been, stolen. In the event that you suspect your Zeitgeist has been stolen, we urge you to contact the appropriate law enforcement authorities. Under no circumstance will Zeitgeist be held liable for any injury, loss, or damage arising from or in connection with any attempt to recover a Zeitgeist.
8. Physical Activity Notice
The Services may include features that promote physical activity. You should consider the risks involved and may wish to consult with a medical professional before engaging in such physical activity. Zeitgeist is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, your Zeitgeist or the Services or any feature or part thereof.
9. Alerts And Notifications
As part of your use of the Services, you may receive notifications, text messages, alerts, and/or emails. You agree to the receipt of these communications. You are responsible for any messaging and/or data fees you may be charged by your wireless carrier.
10. Intellectual Property
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Zeitgeist and the Services are owned by Zeitgeist and/or its affiliates or licensors. Your possession, access, and use of a Zeitgeist and the Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Zeitgeist and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. THE USE OF ANY PART OF THE SERVICES, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
11. Digital Millennium Copyright Act
(a) Notice: If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Copyright Agent: Zeitgeist’s designated Copyright Agent for notifications of claimed infringement is Ali Zahid (email address: email@example.com.) For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Zeitgeist’s customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 11(b), your DMCA notice may be deemed invalid.
(c) Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Zeitgeist may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Zeitgeist’s sole discretion.
12. Dispute Resolution
(a) Informal Dispute Resolution: We would rather address concerns informally than pursue formal legal cases. Before filing a claim against Zeitgeist, you agree to try to resolve any and all disputes informally by contacting email@example.com. We will endeavour to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Zeitgeist may bring a formal proceeding.
(b) Limitation: Should you desire to file any cause of action against Zeitgeist, arising out of or related to your Zeitgeist or the Services, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
(c) No Class Actions: YOU AND ZEITGEIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding.
(d) Governing Law: These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of a Zeitgeist and/or the Services shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.
(e) Arbitration: You and Zeitgeist agree to resolve any claims relating to these Terms and/or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you decline this arbitration agreement. The arbitration shall take place in Toronto, Ontario, Canada. The arbitration shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, you agree that no arbitrator has the authority to: (i) award relief in excess of what these Terms provide; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TORONTO, ONTARIO, CANADA.
(f) Exceptions to Agreement to Arbitrate: Either you or Zeitgeist may assert claims, if they qualify, in small claims court in Toronto, Ontario, Canada. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized access, use, or abuse of Zeitgeist’s products or the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
13. Disclaimer of Warranties and Liability Limitations
(a) No Express Warranty in these Terms: In these Terms, Zeitgeist does not extend any express warranties, representations, or conditions. Your Zeitgeist may or may not be covered by Zeitgeist’s one-year limited consumer warranty that is posted at Zeitgeist.com/terms or available on request. If this is the case, you understand and agree that: (i) the disclaimers in Sections 13(b) through 13(d) shall not limit or reduce your rights under any such separate warranty statements; (ii) any warranty statements shall only cover basic functionality of the Zeitgeist and do not cover the Services as such; and (iii) THE WARRANTY PERIOD OR STATUTE OF LIMITATION REGARDING ANY IMPLIED WARRANTIES RELATING TO YOUR ZEITGEIST (I.E., WARRANTIES THAT ZEITGEIST DOES NOT EXPRESSLY GRANT IN ANY WARRANTY STATEMENT) SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THE APPLICABLE WARRANTY STATEMENT, IF AND TO THE MAXIMUM EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW.
(b) Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF THE SERVICES AND YOUR ZEITGEIST IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEITGEIST PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, AND ZEITGEIST HEREBY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF COMPLETENESS, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZEITGEIST AND ITS LICENSORS DO NOT WARRANT: (I) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF YOUR ZEITGEIST OR THE SERVICES; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (IV) THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. FURTHER YOU ACKNOWLEDGE THAT ZEITGEIST’S CONTINUED PROVISION OF THE SERVICES RELIES UPON THE GENERAL OPERATION OF THE INTERNET, YOUR WIRELESS CARRIER, AND THE WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET, YOUR WIRELESS CARRIER, AND THE WORLD WIDE WEB ARE BEYOND ZEITGEIST’S CONTROL.
(c) Disclaimer of Losses and Intrusions: ZEITGEIST DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ZEITGEIST DISCLAIMS ANY LIABILITY RELATING THERETO.
(d) Information: YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. ZEITGEIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
(e) Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (I) ZEITGEIST BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST OR INACCURATE DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE ZEITGEIST, EVEN IF ZEITGEIST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ZEITGEIST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE ZEITGEIST, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ZEITGEIST FOR THE SERVICES OR THE ZEITGEIST AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. UNDER NO CIRCUMSTANCES WILL ZEITGEIST BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH THE USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Zeitgeist and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any provision/s of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
(a) Severability: If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable, then that provision is deemed severable from the Terms and the remaining provisions are still valid and enforceable.
(b) Modification and Assignment: Zeitgeist’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms. Zeitgeist may assign its rights and duties under these Terms without restriction to any party at any time without notice to you. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Zeitgeist’s prior written consent. These Terms are binding upon any permitted assignee.
(c) Confidentiality and Intellectual Property Rights: Notwithstanding the foregoing, Zeitgeist may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) The Entire Agreement: Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Zeitgeist and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zeitgeist and you regarding the Services.