THESE MYSOUND TERMS AND CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE USER, AND JAYBIRD LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE ANY MYSOUND APPLICATIONS, OR ANY MYSOUND SERVICES. IF YOU HAVE ALREADY PURCHASED A MYSOUND COMPATIBLE PRODUCT, AND YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY RETURN THE PRODUCT TO YOUR RETAILER IN ITS ORIGINAL CONDITION AND PACKAGING FOR A FULL REFUND.
JayBird LLC, a Utah limited liability company (“JayBird”) offers its MySound application (the “MySound App”), online and mobile software applications that interface with the MySound App and associate applications and services. Collectively, the MySound App, software applications, and all other related services provided by JayBird are referred to herein individually and collectively as “MySound.” Full use of MySound requires you to purchase or otherwise lawfully obtain a MySound compatible product, a compatible smartphone, Internet access at speeds compatible with MySound, and the most recent version of the JayBird MySound mobile application.
We may modify or discontinue MySound in our sole discretion and at any time, with or without prior notice, without liability to you or any third party.
MySound were designed to be used with compatible Jaybird audio products to assist users with their listening experience. By electing to use MySound, you agree to only use MySound for their intended purposes.
MySound are not intended for use by children under 13 years old. If you are under 13 years old, you may not use MySound.
While JayBird tries to ensure maximum accuracy in all aspects of MySound, no warranty is provided regarding the information presented. Reliance on the information provided by MySound is at your own risk. JayBird is not liable for any incorrect, ineffective, or unreliable information provided to you through MySound or for the misuse of any information it provides.
It is your responsibility to securely store your email, password, and login credentials for MySound. If another person gains access to your account, you may be held responsible for that person’s use of your account. As a result, you should notify us immediately if you learn that someone else has accessed your account without authorization. JayBird will have no liability or responsibility for any activities that take place using your email, password, and login credentials.
The use and distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with MySound is strictly prohibited.
You acknowledge that the patents, trademarks, copyrights, and other intellectual property associated with MySound, together with MySound themselves, are the exclusive property of JayBird and/or its subsidiaries, affiliates, and/or licensors. You agree not to infringe, misappropriate, or otherwise violate any intellectual property owned by JayBird.
In particular, but without limitation, you may not use any product names, trade names, slogans, logos, and other trademarks and services marks associated with MySound without the prior written authorization of JayBird, except for the sole purpose of properly identifying products or services originating from JayBird.
JayBird may contact you via email at all times. You agree to provide accurate information to the best of your knowledge in all written or verbal communications with JayBird.
2700 Rasmussen Rd
Park City, UT 84098 USA
YOU USE MYSOUND COMPLETELY AT YOUR OWN RISK, AND MYSOUND IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE. JAYBIRD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS OF MYSOUND WILL BE UNTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS, SERVERS, AND OTHER HARDWARE USED IN PROVIDING MYSOUND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAYBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF MYSOUND IN TERMS OF ACCURACY, RELIABILITY, EFFICACY, OR OTHERWISE. MYSOUND MAY CONTAIN INACCURACIES OR ERRORS, AND JAYBIRD MAY MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO MYSOUND AT ANY TIME. YOU, AND NOT JAYBIRD, ASSUME THE ENTIRE LIABILITY AND COST OF ALL REPAIRS, CORRECTIONS, THERAPIES, TREATMENTS, AND SERVICES (HEALTHCARE AND OTHERWISE) NECESSITATED BY ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM OR RELATING TO THE USE OF MYSOUND. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF MYSOUND WILL NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE THE RIGHTS OF OTHERS, AND JAYBIRD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN MYSOUND.
Actual results may differ materially from any forward-looking statements provided by MySound. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by JayBird based on assumptions and estimates that JayBird believes are reasonable but that are inherently uncertain and unpredictable.
JAYBIRD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JAYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JAYBIRD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US $500 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO JAYBIRD FOR THE APPLICABLE CONTENTS, SERVICES, OR DEVICES OUT OF WHICH LIABILITY AROSE.
Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by JayBird shall not constitute a waiver of the right to pursue other available remedies.
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