Welcome to Halo Smart Labs, a website located at www.halosmartlabs.com (the “Site”) and operated by White Stagg, LLC d/b/a/ Halo Smart Labs (“Halo Smart Labs”, “us”, “our”, and “we”). Halo Smart Labs provides the Site, mobile applications (the “Mobile Apps”), hardware devices (“Products”) and services provided through the Site and Applications (collectively the “Services”).

These Terms of Use (“Agreement”) discuss the nature of Halo Smart Labs’ Service. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement either on your own behalf or on behalf of the organization who you represent. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.  The Services are available only to individuals who are at least 18 years old.

About the Halo Smart Labs Service

Halo Smart Labs provides its customers with smoke, fire, and carbon monoxide detectors for use in both residential and commercial properties and has configured these Products to interface with users’ mobile devices and other third-party services.  Halo Smart Labs’ Products and Services are not certified for emergency response. Halo Smart Labs is not a third-party monitored emergency response notification system and will not dispatch emergency authorities to your home or business in the event of an emergency.

Relation to Other Agreements

These Terms govern your use of the Services. Your purchase of any Product is governed by the limited warranty provided with that Product (“Limited Warranty”); the software embedded in the Product (and any updates to the software) (“Product Software”) is licensed and governed by the End User Licensing Agreement (“EULA”) and please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy (the Limited Warranty, EULA and Privacy Policy are collectively referred to as the “Related Agreements”). All additional guidelines, terms, or rules, and the including the Privacy Policy, are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.

Accounts

Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the Terms and Termination.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Automatic Software Updates

Halo Smart Labs may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services, Mobile Applications, and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Halo Smart Labs provides. Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product.

Relationship with Third Parties

Connection to Third Party Products and Services.  Halo Smart Labs may provide the opportunity for you to connect the Products and Services to one or more third party products and services (“Third Party Products and Services”). You make the sole decision whether and with which Third Party Products and Services you want to connect. Your explicit consent and authorization is required for this connection, and is revocable by you at any time. Once your consent is given for a particular Third Party Product and Service, you agree that Halo Smart Labs may exchange information and control data regarding you and your Products, including your personal information, in order to enable the connection in accordance with our Privacy Policy. Once this information is shared with the particular Third Party Product and Service provider, its use will be governed by the third party's privacy policy and not by Halo Smart Lab's privacy policy.

Limitations of Use from Third Party Products and Services. Halo Smart Labs Services rely on or interoperate with Third Party Products And Services. These Third Party Products And Services are beyond Halo Smart Labs’ control, but their operation may impact or be impacted by the use and reliability of the Halo Smart Labs Services. You acknowledge and agree that: (i) the use and availability of the Products and Services is dependent on Third Party Product and Services vendors and service providers, and (ii) these Third Party Products And Services may not operate in a reliable manner 100% of the time, and they may impact the way that the Halo Smart Labs Services operate. You acknowledge and agree that Halo Smart Labs makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, Halo Smart Labs is not responsible for your use of any Third Party Product or Service or any losses or damages arising from or relating to your use of any Third Party Products or Services. You should contact the third party with any questions about their Third Party Products and Services.

Links to Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Service subscribers.  We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Third Party Products And Service or Third Party Applications, Software or Content. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Agreed Usage and Limitations of Halo Smart Labs Services

Intended Use of Halo Smart Labs Services. The Services are intended to be accessed and used for non-time-critical information and control of Halo Smart Labs Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Halo Smart Labs’ control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Halo Smart Labs is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

No Emergency Response. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with Third-Party Products Or Services are not certified for emergency response. Halo Smart Labs makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- HALO SMART LABS WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Halo Smart Labs Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

Reliability of Notifications. You acknowledge that the Services, including mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR HALO SMART LABS PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by Halo Smart Labs on what to do in an emergency is based on authoritative safety sources, but there is no way for Halo Smart Labs to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

System Requirements. In addition to any requirements set forth in the package for the Products or any other terms of the agreements related to this Agreement, for Products that contain Services that require internet connectivity, the Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients, such as a supported phone or tablet (required from some functionality);; and (iv) other system elements that may be specified by Halo Smart Labs. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that Halo Smart Labs may activate Wi-Fi on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with Halo Smart Labs Products connected to the same Halo Smart Labs account, and enable certain features (such as remote silencing of a smoke or CO alarm on Halo Smart Labs.

Temporary Suspension. Halo Smart Labs does not offer any specific uptime guarantee for the Services. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions.

Mobile Applications

App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Halo Smart Labs and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Rights and Licenses

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use in accordance with the terms of this Agreement and the EULA.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.

Support and Maintenance. Currently, Halo Smart Labs provides support. Halo Smart Labs has the right, in its sole discretion, to change the level and the extent of support or maintenance provided to our customers.

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

Confidentiality. You acknowledge that the Products and Services are and contains valuable trade secrets of Halo Smart Labs.   You agree to maintain the confidentiality of the Products and Services using at least the same degree of care You use with Your own confidential information which shall not be less than a reasonable standard of care under the circumstances and not to disclose any non-publicly available information of Halo Smart Labs.

User Content

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services in accordance with our Privacy Policy. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  We reserve the right to remove any User Content from the Service at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You will abide by our Acceptable Use Policy below; and
  • You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  We are not responsible for any public display or misuse of your User Content.  We do not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement or any Related Agreements; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers

THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY HALO SMART LABS YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.

HALO SMART LABS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND HALO SMART LABS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. HALO SMART LABS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL HALO SMART LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID HALO SMART LABS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Copyright Policy – DMCA Notice

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our Services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated Copyright Agent is:

Seth Hudson
shudson@worldpatents.com

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HALO SMART LABS HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Halo Smart Labs agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Halo Smart Labs Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Contact Halo Smart Labs First. If a dispute arises between you and Halo Smart Labs, our goal is to learn about and address your concerns. You agree that you will notify Halo Smart Labs about any dispute you have with Halo Smart Labs regarding these Terms or our Products or Services by contacting Halo Smart Labs at support@halosmartlabs.com or (888)756-4246.

Agreement to Arbitrate

You and Halo Smart Labs each agree that any and all disputes or claims that have arisen or may arise between you and Halo Smart Labs relating in any way to or arising out of this or previous versions of the Terms of Service Agreement or the Related Agreements, your use of or access to Halo Smart Labs’  Products and Services, or any products or services sold, offered, or purchased through Halo Smart Labs’ Services will be resolved exclusively through final and binding arbitration, rather than in court. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Arbitration Procedures. You must first present any claim or dispute to us by contacting Halo Smart Labs to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Halo Smart Labs. Halo Smart Labs may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim will be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement and must be conducted in Charlotte, North Carolina. The arbitration will be conducted in the English language. Claims will be heard by a single arbitrator. Any arbitration will be confidential, and neither you, nor Halo Smart Labs nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder will still be given full force and effect.

No Class Actions. There will be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Halo Smart Labs. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

STATUTE OF LIMITATIONS. YOU MUST CONTACT HALO SMART LABS WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

General

Changes to Agreement. Halo Smart Labs is a growing company! Like Halo Smart Labs’ business, our Terms of Service will change and evolve. Halo Smart Labs reserves the right to make these changes at our sole discretion and without notice. The most current version of   Agreement will always be located here, under the Terms of Service section of our website. Please check these terms often for updates. By continuing to use the Halo Smart Labs Services, you consent to the changes.  If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective after posting such notice.  You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Copyright/Trademark Information. Copyright © 2015 White Stagg, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Miscellaneous.  

Assignment. You may not assign this Agreement or your rights and obligations under this Agreement without the prior written consent of Halo Smart Labs and any such assignment shall be null and void. This Agreement shall be binding upon and inure to the benefit of the successors and assignees of Halo Smart Labs.

Export. The Services, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries.  The Services may not be downloaded, or otherwise exported or re-exported into, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders or a country under embargo with the US. You agree to comply strictly with all such regulations and acknowledge that it has the responsibility to obtain such licenses to export, re-export, or import Services.  

Waiver. A waiver of any breach of default of this Agreement shall not create a waiver of the term or of any subsequent breach of default.

Severability. Should any term or provision of this Agreement be finally determined by a court of competent jurisdiction to be void, invalid, unenforceable or contrary to law or equity, the offending term shall be modified and limited (or if strictly necessary, deleted) only to the extent required to conform to the requirements of law and the remainder of this Agreement (or, as the case may be, the application of such provisions to other circumstances) shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law.

Force Majeure. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

Survival. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.

Entire Agreement.  This Agreement, including the Related Agreements, if any, comprises the entire agreement between the parties relating to its subject matter.  This Agreement supersedes all prior agreements and understandings, written or oral, express or implied.  This Agreement can be amended or modified only by a writing executed in advance by duly authorized representatives of each of the parties hereto.

Contact Information:

White Stagg, LLC d/b/a/ Halo Smart Labs
Address: 520 Eagleton Downs Dr. Suite B, Pineville, NC 28134
Telephone: (888) 756-4256
Email: support@halosmartlabs.com