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OVERVIEW
This website located at www.sirenwireless.com (the "Site") is operated by Siren LLC, doing business as SirenWireless. Throughout this Site, the terms “we”, “us”, and “our” refer to SirenWireless. SirenWireless offers this website, including all information, tools, and services available from the Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available via 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 agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to these Terms of Service. 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.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you affirm that you are at least 18 years old and are the age of majority in your state or province of residence. You also represent that you have the legal capacity and authority to enter into a binding agreement with SirenWireless and to use our products and Services in accordance with these Terms of Service.
You agree to use our products and Services only for lawful purposes and in compliance with all applicable laws, regulations, and policies. This includes, but is not limited to, copyright and intellectual property laws, as well as any laws related to the export and import of goods and Services. You are prohibited from using our products or Services for any illegal or unauthorized purpose, or in any way that could harm SirenWireless or its customers. You must not transmit any worms, viruses, or any other code of a destructive nature through the use of our products or Services. Any attempt to do so will be considered a breach of these Terms of Service and may result in the immediate termination of your account and access to our products and Services.
You are solely responsible for the security and integrity of your own devices and systems, and you agree to indemnify and hold SirenWireless harmless from any damages or losses that may result from any security breaches or unauthorized access to your account.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time, in our sole discretion. You understand that your content, excluding sensitive financial information (such as credit card numbers), may be transferred unencrypted and may involve the transmission of data over various networks. You acknowledge that this may require the modification of your content to conform and adapt to the technical requirements of connecting networks or devices.
We take appropriate measures to protect sensitive financial information, such as credit card numbers, by encrypting it during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of SirenWireless. Any unauthorized use of the Services may result in the termination of your account and potential legal action.
The headings used in these Terms of Service are included for convenience only and do not affect the interpretation of these terms.
YOUR ACCOUNT
When accessing and using this website, you may be required to create an account to place an order for products or Services. As the account holder, it is your responsibility to keep your account information, including your password, confidential at all times. You are also responsible for all activities that occur under your account, whether or not authorized by you.
You acknowledge and agree that SirenWireless is not responsible or liable for any unauthorized access to your account by third parties, whether due to theft, misappropriation, or any other means. It is your responsibility to immediately notify SirenWireless of any unauthorized use of your account or any other security breach.
You agree to indemnify and hold SirenWireless harmless from any claims, damages, or expenses that may arise as a result of your failure to properly secure and maintain the confidentiality of your account and password.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate and up-to-date information on this Site, but we cannot guarantee that all of the information is always accurate, complete, or current. You should not rely solely on the information provided on this Site and should independently verify it through more reliable sources. Use of the information on this Site is at your own risk.
This Site may contain historical information, which is provided for reference purposes only. Historical information may not be current and should not be relied upon as the sole basis for making decisions.
We reserve the right to make changes to the content of this Site at any time, but we are not obligated to update the information. It is your responsibility to periodically check for updates or changes to the Site and to ensure that you have the most current and accurate information available.
MODIFICATIONS TO THE SERVICES AND PRICES
We reserve the right to change the prices of our products at any time without prior notice. Please note that the prices listed on our website or in promotional materials may not necessarily reflect the current prices of our products.
We also reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice. This may include, but is not limited to, changes to the features, content, or availability of our Services.
We shall not be held responsible for any changes, price modifications, suspensions, or discontinuations of our Services. These changes may occur at any time and without prior notice. We recommend that you regularly check for updates or changes to our Services.
PRODUCTS OR SERVICES
Please note that certain products or Services may only be available for purchase online through our website. These products or Services may have limited quantities and are subject to our Return Policy for returns or exchanges. We recommend reviewing our Return Policy before making a purchase to understand the conditions under which products can be returned or exchanged.
We have made every effort to accurately display the colors and images of our products on our website. However, please be aware that the colors displayed on your computer monitor may not be completely accurate due to differences in monitor calibrations and other factors.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. This means we may choose not to sell certain products or Services to certain individuals or in certain regions or jurisdictions. We also reserve the right to limit the quantities of any products or Services that we offer and to discontinue any product at any time.
All descriptions of products and product pricing are subject to change without notice at our sole discretion. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. We also cannot guarantee that any errors in our Services will be corrected.
Please contact us if you experience any issues with our Services, and we will make reasonable efforts to resolve them for you.
Any offers for products or Services made on our Site may be void where prohibited by law.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us for any reason. This may include, but is not limited to, cases where the order is incomplete or inaccurate, if we are unable to verify the identity or payment information of the customer, if the product or Service is no longer available or in stock, or if the order violates any of our policies or Terms of Service.
We may also limit or cancel quantities purchased per person, per household, or per order at our sole discretion. This includes orders placed under the same customer account, using the same credit card, or with the same billing and/or shipping address. These restrictions are in place to ensure that our products and Services are available to as many customers as possible and to prevent abuse of our policies.
In the event that we need to make a change to or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time the order was placed. We will make reasonable efforts to provide a clear explanation for the cancellation and offer alternative solutions if available.
We also reserve the right to limit or prohibit orders that we believe are being placed by dealers, resellers, or distributors. These parties may be subject to different Terms of Service and pricing, and we want to ensure that all of our customers are treated fairly and consistently.
To ensure that your transactions proceed smoothly, it is important that you provide current, complete, and accurate billing and account information. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
OPTIONAL TOOLS
We may provide you with access to third-party tools that are not owned or controlled by us. These tools are made available to you "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement by us. This means we do not guarantee the accuracy, completeness, reliability, or availability of these tools, and we will not be held responsible for any errors, omissions, or issues arising from the use of these tools.
It is your responsibility to familiarize yourself with the terms and conditions of use for any third-party tools you choose to use. You use these tools at your own risk and discretion. We recommend that you carefully review the terms and conditions of these tools before using them.
We may also offer new services, features, and tools on our website in the future. These new offerings will be subject to the terms of these Terms of Service, and by using them, you agree to be bound by these terms and conditions.
THIRD-PARTY LINKS
Please be aware that some content, products, and services available through our Services may include materials provided by third parties. These materials are offered as a convenience to you, but we do not guarantee their accuracy, reliability, or quality. We do not endorse any products or services offered by third parties, and we are not liable for any harm or damages that may arise from your use of these products or services.
You may also find links to third-party websites on our Site. These websites are not affiliated with us, and we are not responsible for the content, accuracy, or availability of these external sites. We do not endorse any products or services offered by these third parties, and we are not liable for any harm or damages resulting from your use of third-party products or services.
If you decide to engage in a transaction with a third party, it is your responsibility to review their policies and practices carefully before proceeding. This includes reviewing their Terms of Service, privacy policies, and any other relevant terms. Please be aware that we are not responsible for the privacy practices or security measures of third-party websites.
If you have any complaints, claims, concerns, or questions regarding third-party products or services, you should direct them to the third party. We are not responsible for handling disputes or complaints related to third-party products or services.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us specific submissions, such as contest entries, creative ideas, suggestions, proposals, plans, or other materials without a request from us, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise exploit these materials in any medium, without restriction. This applies to any comments, feedback, or materials you send to us through online forms, email, postal mail, or any other means.
We are under no obligation to keep your comments confidential, to pay you any compensation for them, or to respond to your comments. While we are not required to do so, we may monitor, edit, or remove any content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service. We reserve the right to remove or block any content that we believe violates these terms or may harm our Services or users.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Your comments must not contain libelous, unlawful, abusive, obscene, or offensive material, or any computer viruses or other malware that could disrupt the operation of our Services or any related websites.
You agree not to use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of your comments. You are solely responsible for the accuracy and content of your comments. We are not responsible for any comments made by you or any third party.
By submitting comments, you represent and warrant that you have the right to use, publish, and distribute the content of your comments, and that they do not violate any third-party rights. You also agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your comments or your violation of these terms.
PRIVACY AND PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions, which may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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 our Site or in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
In the event that you place an order based on incorrect pricing or inaccurate information, we will notify you as soon as possible. We may offer a refund, an adjustment to the price, or an alternative solution, at our discretion. We are not obligated to honor pricing errors, and in cases where a product is mispriced or described incorrectly, we reserve the right to cancel the order.
We are under no obligation to update, amend, or clarify information in the Services or on any related website, including, but not limited to, pricing information, except as required by law. No date specified for an update or refresh of information on the Services or related websites should be construed as an indication that all information has been modified or updated.
PROHIBITED USES
You are prohibited from using our website or Services for any unlawful purpose, or to engage in any illegal activity. You must comply with all applicable international, federal, state, and local laws, regulations, and ordinances.
You are not allowed to use our website or Services in any way that infringes upon or violates our intellectual property rights or the rights of others. You must also refrain from engaging in any behavior that is harassing, abusive, threatening, defamatory, or discriminatory based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
You are prohibited from submitting false or misleading information on our website or through our Services. Additionally, you must not upload or transmit viruses, malware, or any other malicious code that could harm the security or functionality of our website, Services, or any other website or online service.
You are not permitted to use our website or Services to collect or track the personal information of others without their consent. Activities such as spamming, phishing, scraping, or any similar practices that could damage or interfere with our website, Services, or those of others are strictly prohibited.
Any use of our website or Services that is obscene, immoral, or in violation of public decency is strictly prohibited. You must not interfere with or circumvent the security features of our website, Services, or any other website or internet service.
We reserve the right to terminate or suspend your access to our website or Services if you violate any of these prohibited uses, at our sole discretion, and may pursue legal action if necessary.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Warranties
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS. 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 SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY PRODUCTS DELIVERED THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE ACCURACY, TIMELINESS, OR SECURITY OF ANY CONTENT.
WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING YOUR OWN PROCEDURES FOR ENSURING THE SAFETY OF YOUR SYSTEM AND DATA.
Limitation of Liability
IN NO CASE SHALL SIRENWIRELESS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Additional Limitations
THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE CAUSED BY VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED VIA THE SERVICE OR ANY CONTENT, THE FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT, COMMUNICATION LINE INTERRUPTIONS, INTERNET PROVIDER ISSUES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, LABOR STRIKES, OR ANY FORCE MAJEURE EVENT.
Force Majeure
SIRENWIRELESS SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE OR ANY ORDER, DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, FLOOD, WAR, TERRORISM, LABOR DISPUTES, INTERNET SERVICE PROVIDER FAILURES OR DELAYS, COMPUTER VIRUSES, OR ANY OTHER FORCE MAJEURE EVENT.
Monetary Claim Limit
IN NO EVENT SHALL THE TOTAL LIABILITY OF SIRENWIRELESS TO YOU FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE OR PRODUCT IN QUESTION DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SirenWireless, its affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, liabilities, damages, losses, costs, or expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with:
1- Your use or misuse of the website or Services;
2- Your violation of these Terms of Service;
3- Your violation of any rights of any third party, including intellectual property rights, privacy rights, or contractual rights;
4- Any content that you submit, post, or transmit through the Services, including any infringement of any third-party intellectual property rights;
5- Your breach of any representation, warranty, or obligation under these Terms of Service.
This indemnification obligation shall survive the termination of these Terms of Service and your use of the website or Services.
You agree to cooperate fully with SirenWireless in the defense of any claim that is the subject of your indemnification obligation under these Terms of Service. SirenWireless reserves the right, at its sole discretion and expense, to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, and you shall not settle any such matter without the prior written consent of SirenWireless.
You shall not be required to indemnify the Indemnified Parties to the extent that such claims arise directly from the gross negligence or willful misconduct of SirenWireless.
SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible under applicable law, and the remaining provisions of these Terms of Service will remain in full force and effect.
In the event that any provision is determined to be invalid or unenforceable and is essential to the overall purpose of these Terms of Service, or if its removal would materially affect the rights or obligations of the parties, the provision will remain in effect to the extent necessary to achieve its intended purpose. In such cases, the parties agree to negotiate in good faith to modify the invalid or unenforceable provision, or to replace it with a valid and enforceable provision that closely matches the intent of the original provision.
The determination of the enforceability or invalidity of any provision will not affect the validity or enforceability of any other provision of these Terms of Service, and all other provisions will remain binding and in full force and effect.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. This means that any commitments, responsibilities, or liabilities arising before the termination will continue to be in effect after the agreement is terminated.
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 by ceasing to use our website.
We may also terminate these Terms of Service at any time, without prior notice, if we determine, in our sole discretion, that you have breached any term or provision of these Terms of Service. In the event of termination due to your breach, you will remain liable for any amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
In addition, we reserve the right to terminate these Terms of Service at any time and for any reason, with or without notice to you, at our sole discretion.
Upon termination of these Terms of Service, you must immediately cease using our website and Services. Any rights granted to you under these Terms of Service will immediately cease, and you agree to promptly return or destroy any confidential information or materials provided to you under this agreement.
If we terminate these Terms of Service for any reason, we will not be responsible for any damages, losses, or expenses that you may incur as a result of the termination, including any loss of access to the Services or website.
ENTIRE AGREEMENT
The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. This means that if we choose not to enforce a particular right or provision at any given time, it does not mean we are waiving our right to do so in the future. We reserve the right to enforce all rights and provisions outlined in these Terms of Service at any time, and our failure to do so in any particular instance does not affect our ability to do so in the future.
These Terms of Service, together with any policies or operating rules posted on our website or in relation to the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services. These Terms of Service supersede 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 party that drafted them. This means that if any part of these Terms of Service is unclear, the language will not be interpreted in a way that favors the party who drafted the terms. Instead, any ambiguity will be resolved in a manner that is fair and reasonable to both parties.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. This means that Michigan law will apply to any issues that arise from these Terms of Service, regardless of where you are located.
In the event of any dispute arising out of or in connection with this website, the Terms of Service, the Services, and/or any products we provide, including disputes regarding the existence or validity of the dispute itself, you agree to first attempt to resolve the matter informally by providing written notice to us at [email protected]. This written notice should include:
1- Your full name.
2- A description of the dispute.
3- The resolution or outcome you are seeking.
If informal negotiations fail to resolve the dispute, you agree that the dispute will be exclusively resolved through binding arbitration, as outlined in the following section.
ARBITRATION
If informal negotiations fail to resolve a dispute arising out of or in connection with this website, the Terms of Service, the Services, or products we provide, including disputes concerning the existence and validity of the dispute itself, you agree that the dispute will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"). Both sets of rules are available at the American Arbitration Association website (www.adr.org). The arbitration fees and your share of the arbitrator's compensation will be governed by the AAA Consumer Rules, and may be limited in accordance with those rules.
Arbitration may be conducted in person, via submission of documents, by phone, or online, at the discretion of the arbitrator. The arbitrator will issue a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator will apply applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or law, arbitration will take place in Wayne County, Michigan. The Parties may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitration award.
If a dispute proceeds in court instead of arbitration, it shall be litigated exclusively in the state and federal courts located in Wayne County, Michigan. The Parties consent to the personal jurisdiction and venue of those courts and waive any defenses based on lack of personal jurisdiction or forum non conveniens.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Terms of Service.
TIME LIMIT FOR DISPUTES: No dispute related to the Services may be commenced more than six (6) months after the cause of action arises.
SEVERABILITY: If any part of this arbitration provision is found to be illegal or unenforceable, the remainder of the provision will remain in effect. The dispute that falls within the unenforceable portion will be decided by a court of competent jurisdiction in Wayne County, Michigan, and the Parties consent to the personal jurisdiction of that court.
CLASS ACTION WAIVER: To the fullest extent permitted by law:
(a) No arbitration shall be joined with any other proceeding.
(b) There is no right or authority for any dispute to be arbitrated on a class-action basis or through class action procedures.
(c) No dispute may be brought in a purported representative capacity on behalf of the general public or any other persons.
EXPORT RESTRICTIONS
By purchasing products from SirenWireless, you acknowledge that all products sold are subject to the export control laws and regulations of the United States, including the Export Administration Regulations (EAR) and applicable U.S. sanctions laws. As the buyer, you agree to comply with all such laws and regulations, including but not limited to the following restrictions:
1. Prohibited Exports:
You agree not to export, re-export, divert, or transfer any products (in whole or in part) in violation of U.S. export laws or sanctions, including but not limited to restrictions on exports to:
a) Countries subject to U.S. embargoes or restrictions.
b) Persons or entities subject to U.S. export restrictions.
c)Nationals of such countries, regardless of their location, who intend to transmit or transport the products to such countries.
2. Prohibited End-Use or End-Users:
You agree not to export, re-export, or transfer any products to individuals or entities known, or reasonably believed, to use the products in the design, development, production, or use of:
a) Nuclear, chemical, or biological materials.
b) Nuclear, chemical, or biological weapons or facilities.
3. Prohibited Persons or Entities:
You agree not to export, re-export, or transfer any products to any person or entity prohibited from participating in U.S. export transactions by any U.S. federal agency.
4. Responsibility for Compliance:
By purchasing products from SirenWireless, you accept full responsibility for ensuring compliance with all applicable U.S. export control laws, including end-user and end-use restrictions under 15 C.F.R. Part 744. You agree to promptly update or correct any information provided in relation to your purchase, recognizing that failure to do so may result in the suspension or termination of your purchasing privileges.
5. Hong Kong:
As of December 23, 2020, the Bureau of Industry and Security (BIS) amended the EAR to treat the Hong Kong Special Administrative Region the same as the People's Republic of China for export control purposes. Therefore, all U.S. export control laws apply to shipments to Hong Kong as if it were part of mainland China.
6. Indemnification:
You agree to indemnify and hold harmless SirenWireless, including its affiliates, from any and all costs, including legal fees and damages, arising out of or resulting from your failure to comply with the export control obligations outlined in this section.
TAX EXEMPTION
SIRENWIRELESS EXCLUSIVELY SELLS PRODUCTS TO BUSINESSES, NOT INDIVIDUAL CONSUMERS. By placing an order with us, you represent and warrant that the purchase is being made on behalf of a business and not for personal use.
To qualify for tax exemptions as a business customer, you must provide a valid tax exemption certificate or other documentation that is recognized by the relevant tax authorities. The provided documentation must clearly demonstrate your eligibility for tax exemption on the products you are purchasing from us.
1. Documentation Requirements:
a) The tax exemption certificate or supporting documentation should be issued by the appropriate tax authority.
b) The documentation must explicitly state that your business is exempt from sales tax for the type of products you are purchasing.
2. Responsibility to Provide Documentation:
It is your responsibility to ensure that the required tax exemption documentation is provided to us at the time of your order. Failure to provide valid documentation may result in the rejection of your order at our sole discretion.
3. Right to Reject Orders:
If you fail to submit the necessary tax exemption documentation, or if the documentation is deemed invalid or incomplete, we reserve the right to reject or cancel your order.
By placing an order, you agree to provide the necessary documentation for tax exemption purposes and acknowledge that any failure to do so may affect the processing of your order.
LITHIUM-ION BATTERY HANDLING AND DISPOSAL
You acknowledge that lithium-ion batteries present significant environmental and safety risks and must be handled, stored, and disposed of in strict compliance with all applicable local, state, and federal laws and regulations. You agree that lithium-ion batteries shall not be disposed of in standard waste or recycling streams, and must instead be delivered to a certified disposal or recycling facility that adheres to the required environmental and safety standards. You further agree to store used, damaged, or defective lithium-ion batteries in a cool, dry environment, in non-conductive containers, and segregated from other types of batteries to minimize the risks of short-circuiting, leakage, or fire. You affirm that you have access to a certified facility or program capable of properly disposing of lithium-ion batteries in full compliance with all applicable environmental laws, industry standards, and regulatory requirements.
COPYRIGHTS
This website contains various materials, including but not limited to text, graphics, images, designs, software, videos, and audio files (collectively referred to as the "Content"), provided by or on behalf of SirenWireless. The Content may be owned by SirenWireless or by third parties and is protected by copyright, trademark, and other intellectual property laws.
Use of Content:
Without the express written permission of SirenWireless, you are not permitted to use the Content in any way that is not explicitly authorized under this Agreement. This includes, but is not limited to, reproducing, modifying, distributing, displaying, performing publicly, creating derivative works (e.g., translations, adaptations, compilations), or using the Content for any public or commercial purpose.
Restrictions on Transfer or Licensing:
You are not allowed to transfer, license, or sub-license the Content to any third party. You may not sell, rent, or otherwise profit from the use of the Content.
Copying and Redistribution:
If you do make copies of the Content, you must include all copyright and other proprietary notices that were contained in the original Content.
Violation and Consequences:
If you violate any part of this Agreement, your permission to access and/or use the Content and the website will be terminated automatically, and you may be subject to legal action. You must also immediately destroy any copies of the Content that you have made.
Indemnification:
You agree to indemnify and hold harmless SirenWireless from any claims, damages, or losses arising from your unauthorized use of the Content.
It is your responsibility to ensure that you are only using the Content in a manner that is permitted by this Agreement and applicable laws.
TRADEMARKS
The company name, trademarks, logos, taglines, product names, and other distinctive marks displayed on this website (collectively referred to as the "Trademarks") are the property of SirenWireless and are protected by intellectual property laws, including trademark laws. These Trademarks may be registered or unregistered and are used to identify SirenWireless's products and services, distinguishing them from those of other companies.
Other company names, product names, and service names that appear on the website may be trademarks or service marks owned by third parties (collectively referred to as "Third-Party Trademarks" and, together with SirenWireless's trademarks, referred to as "Trademarks").
No License Granted:
Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without the express written permission of the trademark owner. Unauthorized use includes, but is not limited to, copying, modifying, distributing, displaying, or using any Trademark in a manner likely to cause confusion or dilute its value.
Unauthorized Use and Consequences:
Unauthorized use of the Trademarks may infringe upon the rights of the trademark owner, causing consumer confusion and potentially damaging the reputation of the trademark owner. Such actions could result in legal consequences, including lawsuits or claims for damages.
Fair Use Exceptions:
Nothing in this section restricts your ability to use the Trademarks under fair use provisions, as defined by applicable law.
Trademark Infringement Procedure:
If you believe that any content on this website infringes on your trademark rights, please contact us immediately at [email protected]. We will promptly review and address your concerns.
Responsibility for Compliance:
It is your responsibility to ensure that you do not use any Trademarks in a way that infringes upon the rights of the trademark owner or causes confusion among consumers. Any unauthorized use of the Trademarks may result in legal action taken by the trademark owner.
Agreement to Respect Intellectual Property:
By accessing or using this website, you affirm your understanding and agreement to respect the intellectual property rights of SirenWireless and any third parties and to use the Trademarks only as permitted under this Agreement and applicable laws.
INTELLECTUAL PROPERTY RIGHTS
SirenWireless respects the intellectual property rights of others and expects all users of this website to do the same. If we receive a valid notification that content on our website infringes upon the copyrights of third parties, we will take action to remove the infringing content at our discretion, without prior notice.
In compliance with the United States Digital Millennium Copyright Act (DMCA), our policy is to promptly respond to copyright owners who believe their rights have been infringed by content hosted on our website. This may include removing or disabling access to the infringing content. If you are a copyright owner or are authorized to act on behalf of a copyright owner, and you believe material on our website infringes upon your copyrights, please submit a DMCA notice to our designated copyright agent at the following address:
SirenWireless
Attention: Legal Counsel
15300 Rotunda Dr, Ste 303
Dearborn, Michigan 48120
Your DMCA notice must include the following information:
1. Identification of the copyrighted work that you claim has been infringed, or if multiple works are covered by a single notice, a representative list of such works.
2. Identification of the material that is claimed to be infringing or the subject of infringing activity, and sufficient information to enable us to locate the material on the website.
3. Your contact information, including an address, telephone number, and email address.
4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in your notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. A physical or electronic signature of a person authorized to act on behalf of the copyright owner whose rights are allegedly infringed.
Verification and Response:
We reserve the right to request additional information as necessary to verify your identity and the authenticity of your notice, and to take appropriate action under the DMCA and other applicable laws. We also reserve the right to challenge any notice that we believe to be flawed or invalid and to seek damages from any party submitting a false or fraudulent notice.
Falsely Alleging Infringement:
It is important to note that the DMCA imposes substantial penalties for falsely alleging copyright infringement. We will not hesitate to pursue such penalties against individuals or entities who submit false or fraudulent notices.
CELLHELMET® GUIDELINES
Minimum Advertised Price (MAP) for all Cellhelmet products can be found at www.cellhelmet.com/MAP. It is a requirement that all advertised prices for Cellhelmet products must be at or above the Manufacturer's Suggested Retail Price (MSRP). This means that you are not allowed to advertise Cellhelmet products at a price lower than the MSRP. As a partner, reseller, or distributor, you are permitted to sell Cellhelmet products on your own website. However, the sale of Cellhelmet products on third-party websites such as Amazon, eBay, and other eCommerce platforms is strictly prohibited. This includes listing Cellhelmet products for sale on these websites or using these websites as a platform to facilitate the sale of Cellhelmet products. Violation of this policy may result in the immediate termination of your rights to sell and market Cellhelmet products. It is important to adhere to this policy in order to protect the value and reputation of the Cellhelmet brand. We ask that you respect the MAP pricing and do not advertise Cellhelmet products at prices lower than the MSRP.
TEXT MESSAGES AND OTHER FORMS OF COMMUNICATIONS
When you provide your mobile number during the sign-up process or while updating your account details, you are granting explicit consent to receive text messages (SMS) from us. These messages may include important reminders, informative updates about our services, and promotional offers. Please be aware that standard message and data rates may apply. If you wish to stop receiving text messages from us, simply reply with the word "STOP". Additionally, you have the option to manage your email preferences, including opting out of promotional communications, by using the unsubscribe link provided in the emails.
CHANGES TO TERMS OF SERVICE
We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion. These changes will be posted on this page with an updated "Effective Date" to indicate when the revisions were made. It is your responsibility to review this page regularly to stay informed of any updates.
By continuing to use or access our website or services after any changes to these Terms of Service are posted, you acknowledge and agree that you have read, understood, and accepted the updated terms.
If you do not agree to the revised Terms, your sole remedy is to stop using or accessing our website and services. Continued use of our services after any changes will be considered your acceptance of those changes. Failure to comply with these Terms may result in the termination of your access to our website and services.
For significant updates, we may notify you via email or other means, but it remains your responsibility to regularly check this page for the latest terms.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
SirenWireless
Attention: Legal Counsel
15300 Rotunda Dr, Ste 303
Dearborn Michigan 48120