End User License Agreement
END USER LICENSE AGREEMENT
Last revised November 15, 2021
THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE FROM TIME TO TIME AS DETERMINED BY AEGIS IN ITS SOLE DISCRETION. MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE POSTED AT AEGIS51.COM/LEGAL
AEGIS WILL PROVIDE YOU NOTICE OF ANY MATERIAL CHANGES TO THE SERVICES AND/OR THESE TERMS OF SERVICE. EXCEPT AS OTHERWISE DETERMINED BY AEGIS, MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING; MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE IDENTIFIED BY THE DATE, MONTH AND YEAR THEY BECOME EFFECTIVE. USING THE AEGIS SERVICES AFTER THE CHANGES BECOME EFFECTIVE MEANS YOU AGREE TO THE NEW TERMS. IF YOU DON’T AGREE TO THE NEW TERMS, YOU MUST STOP USING THE AEGIS SERVICES AND CANCEL THE AEGIS SERVICES FOR YOU AND ANY OTHER USERS ACTIVE UNDER YOUR ACCOUNT.
“AAA” will have the meaning ascribed to such term in Section 9 below.
“Account” means Your Aegis account. An Account will be associated with (i) one or more Aegis devices; and (ii) an Account Owner.
“Account Owner” means the owner of the Aegis account. There can be multiple Aegis devices under one Account.
“Authorized Retailer” means a retailer that has express permission to sell the Aegis device.
“Delivery Date” will mean the date that Your Aegis device arrived at your address, as reflected on the records of our shipping carrier, if applicable, or the date that You purchased Your Aegis device from an Authorized Retailer, if applicable.
“Electronic Tools” means online access, application programming interface (API), or access by any other means, to or by an electronic system to access or manage Your use of the Services.
“Escalation Notice” will have the meaning ascribed to such term in Section 19 below.
“Former User” means an individual, who is not an Authorized Reseller, that is the owner of an Aegis device and who then sells that Aegis device to a new User.
“Intellectual Property” means patents, pending patent applications, designs, trademarks and/or trade names (whether registered or unregistered), copyrights and related rights, database rights, know-how, trade secrets and/or confidential information, and all other intellectual property rights and similar or equivalent rights which currently exist or are recognized in the future, as well as all applications, extensions and renewals in relation to any such rights.
“International” means anywhere outside of the 48 contiguous United States and Alaska and Hawaii.
“Aegis device” means any Aegis device and its associated companion parts, such as the power charger and cable, or other Aegis accessory(ies).
“Policies” means the business policies, practices and procedures, including, but not limited to these Terms of Service, adopted by Aegis from time to time.
“Unauthorized Code” means any virus, Trojan horse, worm, back door, trap door, time bomb, drop-dead device, timer, clock, counter or other limiting routine, as well as any other instructions, designs, software routines, or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person other than an owner or licensee of the program or hardware.
“Usage” means activity that occurs on a particular Aegis Device during the Service Term.
“User” means a user (including You) utilizing the Services pursuant to these Terms of Service, whether or not authorized by You.
“Your Equipment” means any internal wiring or extensions, required conduit, facilities, power or other similar infrastructure, systems, equipment, routers, software and networks used in connection with the Services, whether or not owned or controlled by You (other than the Aegis device(s)).
Welcome to the Aegis community!
Your Aegis device provides only for the ability to use the device within a region that is covered by Services contracted by the User for use on the Aegis device. Notwithstanding any term or condition of these Terms of Service to the contrary, Aegis and any underlying mobile network operator cannot guarantee that the Services will always function without disruptions, delay or other imperfections. The specific network coverage Users will receive will depend on Your Equipment, including, without limitation, the WiFi routers your Aegis device can access, and/or radio transmissions the Aegis can pick up. Coverage is not available everywhere and service speeds are not guaranteed. Actual speeds will vary. Gaps in coverage exist within Aegis’s estimated coverage areas for radio transmissions, when applicable, that, along with other factors both within and beyond the control of Aegis (network problems, network or internet congestion, software, signal strength, the Aegis device, structures, buildings, weather, geography, topography, server speeds of the websites accessed, etc.), may result in dropped and blocked connections, slower service speeds, or otherwise impact the quality of service. Services that rely on location information, such GPS navigation, depend on a Aegis device’s ability to acquire satellite signals (which typically are not available indoors) and network coverage.
AEGIS MAY BE USED ONLY FOR LAWFUL, PROPER AND APPROPRIATE PURPOSES AND MAY NOT BE USED IN ANY WAY THAT IS ILLEGAL, IMPROPER OR INAPPROPRIATE, OR OTHERWISE FAILS TO CONFORM TO THE AEGIS ACCEPTABLE USE POLICY POSTED AT Aegis51.com/legal, WHICH IS INCORPORATED BY REFERENCE HEREIN.
THESE TERMS OF SERVICE INCLUDES A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
You agree to adhere to all of Aegis’s Policies when using the Services. Aegis’s Policies are subject to change at any time with or without notice.
Aegis Devices and Related Matters, Including Privacy.
(a) Limited Warranty for Your Aegis Device: Aegis offers you a limited warranty with your Aegis device. To read about more about the Limited Warranty available for your Aegis device, go here Aegis51.com/legal
When You buy Your Aegis from a Former User, the following applies: Aegis makes no warranty to You regarding the Aegis device.
(b) When You buy Your Aegis directly from Aegis, the following applies: Aegis will ship your Aegis device(s) to You F.O.B. Aegis’s place of shipment. If You receive Aegis device(s) that are damaged or nonfunctional upon arrival, You must notify Aegis during the limited warranty period. Any Aegis(s) timely returned to Aegis by You must be fully complete, including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment to You. You are solely responsible for all costs and expenses connected to the shipment to Aegis of any Aegis device(s) shipped to Aegis for return or exchange. You are responsible for all risk of loss and damage to products being shipped for return or exchange pursuant to this Section 2. If You wish to timely return a Aegis device(s), You must use the Electronic Tools made available to You by Aegis. You agree to follow Aegis’s then-current Policies, as directed by Aegis help. Upon Aegis’s receipt of any product(s) returned, Aegis will examine the product(s) for damage. If the Aegis device(s) do not conform to the limited warranty above, Aegis may repair, replace or refund the cost of any Aegis device(s). Service and response times may vary. Aegis may choose to use functionally equivalent re-conditioned, refurbished or new units or parts. Aegis will not re-install or back-up any data, applications or software that You may have added to Your Aegis device. If Aegis determines that any product(s) is(are) found to have been damaged by You, the limited warranty will not apply and, if Aegis previously shipped a replacement Aegis device to You, Aegis may charge you the applicable price for the replacement Aegis device.
When You buy Your Aegis Device from an Authorized Retailer, other retailer, or Former User, the following applies as applicable: The Authorized Retailer’s, the retailer’s, or the Former User’s, may have additional terms and conditions that apply.
(c) No other express warranty is applicable to any Aegis Device(s). THE DURATION OF ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MARKETABILITY, IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY HEREIN. AEGIS WILL NOT BE LIABLE FOR THE LOSS OF THE USE OF THE AEGIS DEVICE(S) OR THE SERVICE, INCONVENIENCE, LOSS OR ANY OTHER DAMAGES, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE AEGIS DEVICE(S), THE SERVICE, OR FOR ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. Some states do not allow the exclusive limitation of incidental or consequential damages or limitations on how long an implied warranty lasts; these limitations or exclusions may not apply to You. This warranty gives you specific legal rights and You may also have other rights which vary from state to state.
(e) If any Aegis Device is lost or stolen, You acknowledge and agree that, if any Aegis Device is lost or stolen, You will be responsible for any Services Usage. Lost and/or stolen Aegis Device(s) will not reduce or otherwise affect the Service Term and You will remain liable for any amounts due or payable with respect to any replacement Aegis Device(s) after You notify Aegis of any alleged loss or theft.
(f) Each Aegis Device is designed to be activated on the network operated chosen by the End User. You have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any identification number, e-mail address or other identifier Aegis (and/or underlying mobile network operator) assigns to You, or Your Aegis Device(s).
(h) Aegis device(s) may contain sensitive or personal information. Aegis is not responsible for any information on any Aegis device, including sensitive or personal information. If possible, Users should remove or otherwise safeguard any sensitive or personal information. By submitting any Aegis device to Aegis, You agree that Aegis’s employees, contractors or vendors may access all of the information on such Aegis device.
(a) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2 ABOVE WITH RESPECT TO AEGIS DEVICE(S), THE SERVICES AND/OR RELATED SERVICES EACH IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF AEGIS, UNDERLYING MOBILE NETWORK OPERATOR(S), ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AEGIS, ITS AFFILIATES, UNDERLYING MOBILE NETWORK OPERATOR(S), SUPPLIERS AND, IF APPLICABLE, RESELLERS DO NOT WARRANT THAT THE AEGIS DEVICE(S) AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AEGIS OR THE AEGIS DEVICE(S) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AEGIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY THIRD PARTIES OR OTHERWISE. YOU (AND NOT AEGIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND AEGIS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ITS OR ANY USER’S USE OF ANY INFORMARATION TRANSMITTED VIA THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AEGIS OR ITS EMPLOYEES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY.
(b) AEGIS WILL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY YOU FROM OR AGAINST ANY THIRD PARTY CLAIMS ALLEGING THAT YOUR USE OF THE AEGIS DEVICE(S), SERVICES OR THE EXERCISE OF ANY RIGHTS GRANTED HEREIN INFRINGES ON ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY. IF A CLAIM IS MADE, OR IN AEGIS’S REASONABLE OPINION IS LIKELY TO BE MADE, AGAINST AEGIS, YOU, OR ANY THIRD PARTY ALLEGING THAT THE AEGIS DEVICE(S) OR SERVICES OR ANY USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY, AEGIS MAY, IN AEGIS’S SOLE DISCRETION, TERMINATE THESE TERMS OF SERVICE AND ALL RIGHTS AND OBLIGATIONS PURSUANT TO THESE TERMS OF SERVICE.
(c) EXCEPT AS PROVIDED IN THE LIMITED WARRANTY AND SECTION 3 ABOVE, AEGIS HAS NO OBLIGATION TO PROVIDE ANY SUPPORT TO YOU OR ANY USER WITH RESPECT TO THE AEGIS DEVICE(S) OR SERVICES.
License; Intellectual Property.
(a) Subject to Your compliance with these Terms of Service, Aegis grants You a non-exclusive, non-transferable license to use the Aegis device. The Aegis device(s) may incorporate software and other technology owned or controlled by third parties. Any such third-party software or technology incorporated falls under the scope of these Terms of Service. Any and all other third-party software will be subject to Your acceptance of a license agreement with such third-party.
(b) Aegis, the Aegis device(s) and any software contained therein, is the Intellectual Property of Aegis. You will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services, any Electronic Tools and/or Your Aegis device(s); (ii) modify, translate or create derivative works based on the Services, Aegis device(s) and/or any Electronic Tools; or (iii) remove any proprietary notices or labels on the Services, any Electronic Tools and/or Your Aegis device(s). You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or in connection with the Services, any Electronic Tools and/or Your Aegis device(s). Any third party Intellectual Property included in the Services, any Electronic Tools and/or Your Aegis device(s) is the property of the respective owner of such Intellectual Property and may be protected by applicable law. Nothing in these Terms of Service gives You any right or license to any trademarks and/or trade names (whether registered or unregistered), signs, logos, icons, slogans, banners, screen shots, trade dress, links or other brand features of Aegis, including, without limitation “Aegis”, without the prior written consent of Aegis, which consent may be withheld in the sole discretion of Aegis for any reason. If You from time to time provide suggestions, comments and/or other feedback (collectively “Feedback”) to Aegis through any of our community forums or otherwise, with respect to Aegis, the Aegis device(s) or the Services, You grant to Aegis a non-exclusive, royalty-free, sublicensable, irrevocable, worldwide license to use, store, reproduce, save, modify, create derivative works to, and distribute the Feedback.
(c) If, after termination of these Terms of Service for any reason, You continue to use Your Aegis device(s) for any purpose (which will not include the Services), Section 4(b) above (and any other provision of these Terms of Service which by its nature survives termination) will continue to apply.
Limitation of Liability.
(a) IN NO EVENT WILL AEGIS BE LIABLE FOR ANY DIRECT, INDIRECT, ALLEGED, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND ALL BUSINESS OR OPERATIONAL RELATED LOSSES, IF ANY) ARISING OUT OF OR RELATED TO THE AEGIS DEVICE(S), SERVICES AND/OR PRODUCTS PROVIDED PURSUANT TO THESE TERMS OF SERVICE, EQUIPMENT, AEGIS DEVICES, AND/OR ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES PURSUANT TO THESE TERMS OF SERVICE.
(b) AEGIS’S AGGREGATE LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE ARE LIMITED TO SERVICE CREDITS THAT WILL NOT EXCEED THE LESSER OF (I) THE FEES ACTUALLY PAID TO AEGIS BY YOU PURSUANT TO THESE TERMS OF SERVICE DURING THE PRECEDING SIX (6) CALENDAR MONTHS, OR (II) ONE THOUSAND US DOLLARS ($1,000.00).
You will indemnify and hold harmless Aegis and its stockholders, directors, officers, employees, agents, licensors, representatives, affiliates and any underlying network mobile operator(s) who provide mobile network coverage for the Services from and against any and all alleged or actual losses, costs, claims, liability of any kind, damages (including to any tangible property or bodily injury to or death of any person), or expense of whatever nature, (including reasonable attorneys’ fees) to or by any third party, relating to or arising from (a) the use of the Aegis device(s) or Services provided to You and/or any User, whether or not You and/or any User has knowledge of or has authorized access for such use, (b) any damage to or destruction of equipment, or Aegis device(s) not caused by Aegis or its agents, and (c) any breach of these Terms of Service by You. You will be solely responsible for implementing any installation, configuration, and/or connection of any of Your Equipment and have the sole and exclusive responsibility for the security and integrity of Your Equipment, if any. You therefore will indemnify and hold harmless Aegis and its stockholders, directors, officers, employees, agents, licensors, representatives, affiliates and any underlying network mobile operator(s) who provide mobile network coverage for the Services from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys’ fees) on the part of or which may be incurred by You or a third-party relating to or arising from the use or operation of Your Equipment. Your indemnification in this subsection includes any alleged or actual losses or claims in connection with unauthorized access to or use of the Aegis device(s) or Services by any third-party through Your Equipment, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether You had knowledge of such unauthorized access. In all such cases of unauthorized access through or to Your Equipment, You retain full and sole responsibility for any and all charges for the Services as otherwise provided in Your Service Plan or these Terms of Service. If Aegis grants You access to the Services (or Your account) by Electronic Tools, You agree that You are fully and exclusively responsible for all information accuracy, charges, costs, transactions, and activities conducted through such Electronic Tools. You agree that You are fully and exclusively responsible to safeguard, monitor, manage, and maintain access to the Services by any Electronic Tools. You will indemnify and hold harmless Aegis and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys’ fees) on the part of or which may be incurred by You, or a third-party, relating to or arising from the use or operation of Electronic Tools, including, without limitation, any alleged or actual losses or claims in connection with unauthorized access to, use, transactions, or activity conducted through the Electronic Tools, regardless of whether such unauthorized access is unintentional, accidental, intentional, or fraudulent, and regardless of whether You had knowledge of such unauthorized access. In all such cases of unauthorized access through or to the Services by Electronic Tools, You retain full and sole responsibility for any and all charges for the Services as otherwise provided in Your Service Plan or these Terms of Service.
If You resell Your Aegis device(s) to anyone else and Aegis then permits the re-activation of the Aegis device(s), the purchaser must comply with any Policies Aegis then has in effect to activate connectivity services for the Aegis device(s).
Third Party Beneficiaries
The parties do not intend by the execution, delivery, or performance of these Terms of Service to confer any benefit, direct or incidental, upon any person or entity not a party to these Terms of Service.
Dispute Resolution Process; Governing Law
We think Aegis and You will get along extraordinarily well. That being said:
(a) It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with these Terms of Service in good faith, confidentially, and informally with minimal transaction costs; no public statement may be made by any party regarding any such dispute. If either party determines that the dispute cannot be resolved informally, then such party will initiate an escalation process by giving written notice (“Escalation Notice”) to the other party. You and an authorized representative of Aegis will meet in person or by conference call, together with any persons assisting them, within fifteen (15) days after delivery of the Escalation Notice. All negotiations conducted by You and an authorized representative of Aegis are confidential and will be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state rules of evidence. You and an authorized representative of Aegis will conduct such additional meetings as they deem necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the dispute. Should You and an authorized representative of Aegis be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may otherwise agree to in writing, either party may demand mediation, whereupon the parties will, in good faith, mediate the dispute no later than thirty (30) days after such demand through the services of a mutually selected mediator, the cost of whom will be borne equally by the parties, at a date and location selected by the mediator after consultation with the parties. IF THE DISPUTE IS NOT RESOLVED AFTER APPLYING THE ESCALATION PROCEDURES SET FORTH ABOVE, THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY JUDICIAL PROCEEDING ARISING UNDER OR RELATED TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE, AND AGREE TO SUBMIT ALL CONTROVERSIES, CLAIMS AND MATTERS OF DIFFERENCE TO ARBITRATION ACCORDING TO THE COMMERCIAL RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). Arbitration hereunder will occur within sixty (60) days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of these Terms of Service and who will be selected in accordance with AAA rules. Arbitration proceedings will take place in Lake County, Illinois. Discovery will be permitted, including the use of interrogatories, requests for admission and production of documents and depositions. If the amount claimed to be in dispute is less than $500,000, all applicable expedited procedures of the AAA will apply. The arbitrator’s fees and costs of the arbitration will be borne by the party against whom the award is rendered, except that if the arbitrator issues a split decision, granting partial relief to both parties, the arbitrator will equitably allocate the arbitrator’s fees and other costs. Each party will pay its attorney’s fees related to any dispute related to these Terms of Service. The arbitration award will be final and binding on both parties of these Terms of Service, will not be subject to any appeal and will be enforceable in any court of competent jurisdiction.
(b) ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
(c) Unless otherwise required by local law, these Terms of Service will be governed by, construed under and enforced in accordance with the laws of the State of North Carolina without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods. In the event any party brings a civil action or initiates judicial proceedings of any kind related to these Terms of Service (except for actions to enter or collect on judgments), the parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Lake County, Illinois and the prevailing party will be entitled to recover its costs, including reasonable attorney’s fees.
Any notice(s) to You pursuant to these Terms of Service, including, without limitation, any notices of material changes to these Terms of Service, will be sent to Your primary contact of record as provided by You to Aegis. Notice(s) to You will be deemed to be delivered when sent via one or any combination of the following on Aegis’s books and records: Your email address(s) and/or posting to any Electronic Tool made available to You by Aegis; Your facsimile number; and/or next-day delivery service (for example, FedEx or the United States Postal Service) to Your physical or postal address. Any notice(s) to Aegis pursuant to these Terms of Service will be sent via next-day delivery service (for example, FedEx or the United States Postal Service) to Aegis at 860 West Route 22, Lake Zurich, IL 60047, Attention: Office of the General Counsel.
You are not relying on any affirmation of fact, description, or promise from (or purported to be from) any person or entity, nor any oral or written representation or warranty that is not expressly included in these Terms of Service. Any alterations or additions to these Terms of Service made by You by any means will not be considered part of these Terms of Service. Aegis’s failure to insist upon or enforce strict performance of or strict compliance with any provision of these Terms of Service will not be construed as a waiver of any provision or right; neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms of Service or any Supplement entered into from time to time pursuant to these Terms of Service. You may not assign these Terms of Service without Aegis’s prior written consent. These Terms of Service will be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. If any provision of these Terms of Service is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Service will not be affected thereby. In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action or response falls on a weekend or holiday, the action and/or deadline will automatically extend to the next business day. Agreement headings are provided for reference purposes only.
You will use Your Equipment at your own risk. You agree to indemnify, defend and hold the Carrier and the officers, employees and agents of the Carrier harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the your use of the Aegis device. You agree that this provision will survive the termination of this Terms of Service.
THESE TERMS OF SERVICE, TOGETHER WITH ANY ATTACHMENTS REFERENCED IN THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE TERMS OF ANY APPLICABLE SERVICE PLAN, THE ACCEPTABLE USE POLICY POSTED AT Aegis51.com/legal, OR ANY OTHER ADDENDA ENTERED INTO FROM TIME TO TIME, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN YOU AND AEGIS WITH RESPECT TO THE AEGIS DEVICE(S), THE SERVICE, AND ANYTHING ELSE RELATED TO THE AEGIS PRODUCT. YOU ARE NOT RELYING ON ANY AFFIRMATION OF FACT, DESCRIPTION, OR PROMISE FROM (OR PURPORTED TO BE FROM) ANY PERSON OR ENTITY, NOR ANY OTHER ORAL OR WRITTEN REPRESENTATION OR WARRANTY THAT IS NOT EXPRESSLY INCLUDED IN THESE TERMS OF SERVICE.
WHEN YOU ACCEPT THESE TERMS OF SERVICE, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE LEGALLY ABLE TO ACCEPT AN AGREEMENT. IF YOU ACCEPT ON BEHALF OF ANY ORGANIZATION, YOU ARE REPRESENTING THAT YOU ARE AUTHORIZED TO BIND THAT ORGANIZATION AND, WHERE THE CONTEXT REQUIRES, “YOU” MEANS THE ORGANIZATION. IF YOU ACCEPT ON BEHALF OF ANOTHER AEGIS DEVICE OWNER THAT IS A CHILD, YOU ARE REPRESENTING THAT YOU ARE THE PARENT OR LEGAL GUARDIAN.