Terms of service

OVERVIEW

These terms of service are entered into by and between You and ASSURIoT, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of www.assuriot.com, including any content, functionality and services offered on or through www.assuriot.com (our “Website”). ASSURIoT offers the Website, including all information, tools and services available from the Website to You, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/or purchasing something from us, You engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, You accept and agree to be bound by these Terms of Service in addition to our Privacy Policy, incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. You further agree that You cannot change these Terms of Service and that no statement or representation made by You or by any ASSURIoT employee, agent, or representative changes or supersedes these Terms of Service.

These Terms of Service apply to all features, tools, and offerings of the Website at time of publication and as updated from time-to-time. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our Website utilizes Shopify Inc.’s online e-commerce platform which allows us to sell our products and Services to You.

Asset Monitoring.
1. The ASSURIoT Tracker. ASSURIoT uses state-of-the-art IoT (Internet of Things) connected devices to securely monitor your most valuable assets. The ASSURIoT tracking device (the “Tracker”) features built-in Wi-Fi, Cellular, GPS, and NFC capabilities for reliable location monitoring. ASSURIoT’s tracking device is an asset monitoring system only. ASSURIoT’s asset monitoring system is not a theft-prevention system, nor should it be used for any purpose other than monitoring personal assets. YOU AGREE THAT THE ASSURIoT TRACKING DEVICE IS INTENDED FOR ASSET TRACKING ONLY AND SHOULD NOT BE USED WHILE ATTACHED TO THE HUMAN BODY OR FOR ANY PURPOSE TO TRACK HUMAN MOVEMENT OR LOCATION.
2. Asset Management Application. Use of the ASSURIoT tracking device requires use of ASSURIoT’s asset management application, which is available on all mobile platforms (the “App”). The asset management application allows You to monitor and, if needed, track Your most prized possessions. The asset management application also provides a complete asset cataloging system, leveraging state-of-the-art IoT technology.
Asset Management Application Subscription.
1. Subscription Fees. You will incur a subscription fee associated with Your use of ASSURIoT’s App. The fee amount may change from time to time, with the actual amount confirmed in the App. All subscription fees plus any applicable taxes and other charges (the “Subscription Fee”) are payable in advance, at the beginning of your subscription term, and at the start of each billing period thereafter, at the then-current Subscription Fee. You have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”). Your subscription will automatically renew until you cancel it. If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. If you have an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided until you cancel your Annual Subscription.
  When you purchase a subscription or owe certain other fees (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
2. Cancelling Your Subscription. You may cancel your recurring subscription at any time. Such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to gethelp@assuriot.com or initiate such cancellation in your settings on the App. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the App and any associates services will continue until the end of your then-current subscription period and will then terminate without further charges.
3. Credit Card Authorization. BY AUTHORIZING ASSURIoT TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. ASSURIoT SHALL HAVE THE RIGHT TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SUBSCRIPTION UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICES IN ACCORDANCE WITH SUBSECTION b. ABOVE.
Intellectual Property. The Website, its entire contents, the Tracker, the App, and any and all features and functionality of the same (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ASSURIoT, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website, the Tracker, and App for your personal or legitimate business purposes only. Such legitimate business purpose must be in connection with your activities as a customer, partner, or client of ASSURIoT’s. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, the Tracker, or the App.
General Conditions. ASSURIoT reserves the right to refuse service to anyone for any reason at any time. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use the Website.
You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Accuracy, Completeness, and Timeliness of Information. We are not responsible if information made available on this Website or the App is not accurate, complete, or current. We may update the content on this Website and the App from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Website or the App may be out of date at any given time, and we are under no obligation to update such material. Any reliance on the material on this Website or the App is at your own risk. The Website and the App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and the App at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices. Prices for the Tracker or use of the App are subject to change without notice. We also reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. ASSURIoT shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Products and Services.
1. Online Purchases: Purchase of the Tracker may be completed exclusively online through the Website. These Tracker may have limited quantities and sale thereof is subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
2. Limitation of Sales: We reserve the right, but are not obligated to, limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at ASSURIoT’s sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Accuracy of Billing and Account Information. You agree to provide current, complete, and accurate account information when using the App and for all purchases made with ASSURIoT. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that You will not disclose your Account password to anyone, and You will notify us immediately of any unauthorized use of your Account. You are responsible for all activity that occurs under your Account, whether or not you know about them.
Optional Tools. We may provide You with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Third-Party Links. Our Website and App may contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
User Comments, Feedback, and Other Submissions.
1. User-Provided Information: If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any information that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. Removal of Comments: We may, but have no obligation to, monitor, edit or remove content that You have posted to the Website or App that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information. Your submission of personal information through the Website and App are governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions. Occasionally, there may be information on our Website or App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or App is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website or App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or App, should be taken to indicate that all information on the Website or App has been modified or updated.
Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, the Tracker, the App or any of their contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website. You further agree not to use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, copying, or ingesting any of the material on the Website. We reserve the right to terminate your use of the Website, the Tracker, the App or any related website for violating any of the prohibited uses.
Disclaimer of Warranties. THE WEBSITE, APP, TRACKER, AND ALL SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services provided by ASSURIoT will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content or information posted or provided on or by the Website or the App. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website, Tracker, or App, or any embedded software, is at your sole risk. ASSURIoT MAKES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY, OR ACCURACY OF THE SERVICES, ANY ASSOCIATED OR EMBEDDED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY, OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY TRACKER TO TRANSMIT DATA TRANSMISSIONS. ASSURIoT FURTHER MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. ASSURIoT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, APP, OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ASSURIoT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ASSURIoT’S LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY ASSURIoT’S GROSS NEGLIGENCE; (2) FRAUD; (3) FRAUDULENT MISREPRESENTATION; OR (4) ANY OTHER LIABILITY WHICH CANNOT BE VALIDLY EXCLUDED OR LIMITED BY LAW.
1. Use of Website, App, or Tracker: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ASSURIoT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, THE APP, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
  
  TO THE FULLEST EXTENT PERMITTED BY LAW, ASSURIoT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF ASSURIoT’S TRACKER OR SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICES) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES. ASSURIoT AND ITS SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, OR ANY CAUSE THAT IS OUTSIDE OF ASSURIoT’S CONTROL.
  
  SPECIFIC EXAMPLES OF THOSE DISCLAIMED CAUSES, AND THOSE WHICH ARE OUTSIDE OF ASSURIoT’S CONTROL INCLUDE, BUT ARE NOT LIMITED TO:
  1. PANDEMIC, EPIDEMIC, ACTS OF WAR, ACTS OF TERRORISM, RIOT, CIVIL UNREST, FIRE, FLOOD, OTHER INCLEMENT WEATHER, FAILURE OF SATELLITE OR OTHER TELECOMMUNICATION SYSTEMS, THEFT, MALICIOUS DAMAGE, STRIKE, OR ANY OTHER ACTS OF GOD;
  2. FAILURE, DELAY, INTERRUPTION, OR INNACURRACY OF GPS SATELLITES IN PROVING THE LOCATION OF ANY ASSETS UPON WHICH A TRACKER HAS BEEN AFFIXED;
  3. FAILURE, DELAY, INTERRUPTION, OR INNACURRACY OF THE APP OR TRACKER TO PROCESS AND/OR TRANSMIT DATA TRANSMISSION INCLUDING LOCATION COORDINATES;
  4. FAILURE TO PROPERLY INSTALL OR CONFIGURE THE APP OR TRACKER;
  5. FAILURE TO KEEP THE TRACKER ADEQUATELY CHARGED;
  6. FAILURE OR NON-COMPATIBILITY OF THE TRACKER OR APP WITH SMARTPHONE OPERATING SYSTEMS OR ANY THIRD-PATY SOFTWARE;
  7. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE, APP, TRACKER OR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR
  8. ANY ACTION OR INACTION BY THIRD PARTIES.
2. Maximum Damages: IN NO EVENT SHALL ASSURIoT, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, PARENTS, SUBSIDIARIES OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ASSURIoT HEREUNDER IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
3. Application of Limitation of Liability: THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification. You agree to indemnify, defend and hold harmless ASSURIoT and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to court costs and attorneys’ fees) arising from: (i) your access to or use of the Website, Tracker, App, or Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of any content or other information that is submitted via your account; or (vi) any other party’s access and use of the App or Services with your unique username, password or other appropriate security code.
Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement. These Terms of Service and any policies or operating rules posted by us on the Website or App or in respect to the service constitutes the entire agreement and understanding between you and ASSURIoT and governs your use of the Website, App, Tracker, and service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Governing Law. The validity, interpretation, construction, and performance of these Terms and any claim, cause of action or dispute arising out of, or related to, these Terms, and dispute resolution, shall be governed by the laws of the State of Tennessee without giving effect to the principles of conflict of laws.
Dispute Resolution. READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES
YOU AND ASSURIoT AGREE THAT ALL CLAIMS ARISING NOW OR IN THE FUTURE OUT OF, OR RELATED IN ANY WAY TO, THIS AGREEMENT AND YOUR ACCESS TO OR USE OF THE WEBSITE, TRACKER, OR APP MUST, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED OR THE RELIEF OR REMEDIES SOUGHT, BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN NASHVILLE, TENNESSEE, AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE AAA’S COMMERCIAL ARBITRATION RULES THEN IN EFFECT. YOU AND ASSURIoT AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN NASHVILLE, TENNESSEE, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT ASSURIoT SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE, OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.

CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. YOU UNDERSTAND THAT ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND THUS THIS PROVISION WAIVES ANY RIGHT TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. ALTHOUGH THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGE AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD.

YOU AGREE THAT YOU AND ASSURIoT ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

This binding arbitration provision also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.

This arbitration provision shall survive: (i) termination or changes in these Terms or Service, and the relationship between you and ASSURIoT concerning the Terms of Service; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

In the event the AAA refuses to administer a claim, the parties agree that the exclusive jurisdiction and venue for such Claim shall be either the 20^th Judicial District for the State of Tennessee at Davidson County, or the United States District Court for the Middle District of Tennessee. The parties expressly consent to, and irrevocably and unconditionally waive any objection to, exclusive jurisdiction and venue in either of said forums. IF THE CLAIM IS SUBMITTED TO LITIGATION UNDER THIS PARAGRAPH, THE PARTIES AGREE AND HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH PROCEEDING.

All legal actions arising with respect to Your use of the Website, App, Tracker, or Services shall, unless prohibited by applicable law, be barred unless written notice thereof is received by ASSURIoT within one year from the date of the event giving rise to such legal action.
Mass Arbitration. To the extent permitted by applicable law, in the event 25 or more arbitration demands of a similar nature are filed against ASSURIoT, presented by or with the assistance of the same law firm, this will constitute a “Mass Arbitration” and the following terms and procedures shall apply:
The parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.

Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the AAA.

AAA shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.

A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.

The parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the ASSURIoT and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Nashville, Tennessee.
Attorneys’ Fees. Should either party be required to commence or defend litigation or arbitration related to enforcement or application of the terms of this Agreement or use of the Website, Tracker, or App, the prevailing party shall be entitled to recover from the nonprevailing party all of its costs and attorneys’ fees incurred in connection with the litigation or arbitration.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by ASSURIoT without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Changes to Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information. Questions about the Terms of Service should be sent to us at info@assuriot.com. Our contact information is below:

ASSURIoT
info@assuriot.com
3102 West End Avenue Suite 400
Nashville, TN 37203
629-895-3100

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