PoloTech by Ralph Lauren: Terms of Use

 

PoloTech by Ralph Lauren Terms of Use

Last Updated: August 13, 2015

    THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

    THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

    These Terms of Use (the “Terms”) govern your use of OMsignal, Inc., and its affiliates and subsidiaries, (collectively, “OMsignal”) service available through the software application entitled “PoloTech By Ralph Lauren – Video Workouts That Adapt to Your Real-Time Biometric Data, Powered by the PoloTech Shirt Application” (referred to herein as the “App”) that, together with the Ralph Lauren PoloTech Shirt and data module (collectively the “Black Box”) keeps track of certain biometric information during your work outs and everyday life (collectively, the functionality provided by the App and Black Box are the “Service”). By downloading and installing the App or registering for or using the Service, you acknowledge that you have read and understood these Terms and you agree to be bound by these Terms. If you do not understand these Terms or you do not agree to be bound by these Terms, then you are not permitted to download the App or use all or any portion of the Service in any way.

    PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING THE SERVICE, OR ANY PORTION THEREOF, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU DO NOT HAVE PERMISSION AND YOU MAY NOT DOWNLOAD THE APP OR USE THE SERVICE.

    1. Registration
    2. a)     You must register and create an account (“Account”) to use certain features of the Service. When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information (“Login Credentials”). For more information on the types of personal information we will collect in order to create your Login Credentials, please review our Privacy Policy. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. OMsignal reserves the right to terminate any username and password, which OMsignal reasonably determines may have been used by an unauthorized third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND YOU WILL BE RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
    3. b)     Social Networking Accounts. You may also link your Account with certain third party social networking services, including Facebook, (a “SNS Account”) by either (1) providing your SNS Account login information to OMsignal; or (2) allowing OMsignal to access your SNS Account, if either or both methods of access are permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to OMsignal and grant OMsignal access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating OMsignal to pay any fees or making OMsignal subject to any usage limitations imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH SOCIAL NETWORKING SERVICE PROVIDERS.
    4. Licenses and Restrictions
    5. a)     Application License. Subject to the terms and conditions herein and in consideration of the rights to use the Service granted by OMsignal to you, OMsignal grants you a personal, revocable, limited, non-transferable, non-sublicenseable license to use the App on either any iPod touch (5th generation or above) or iPhone with iOS 8 or higher that you own or control. With respect to any App accessed through or downloaded from the Apple App Store, (“App Store”, and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
    6. b)     Firmware License. Subject to the terms and conditions herein, OMsignal grants you a personal, revocable, perpetual, limited, non-sublicenseable license to use the software embedded in the Black Box (“Firmware”) in object code form only, solely for and as necessary to use the Black Box for your personal, non-commercial use.
    7. c)     Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, reproduce, communicate to the public, distribute, host, or otherwise commercially exploit the App, Firmware, or Service (collectively, the “OMsignal Properties”), any portion of the OMsignal Properties, or any trademark, copyright, or other intellectual property owned by Ralph Lauren Corporation (“Ralph Lauren”); (2) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other OMsignal Properties (including images, text, page layout, or form) of OMsignal or Ralph Lauren; (3) you shall not use any metatags or other “hidden text” using the Ralph Lauren or OMsignal name or trademarks; (4) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the OMsignal Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (5) you shall not access the OMsignal Properties in order to build a similar or competitive application or service; (6) except as expressly stated herein, no part of the OMsignal Properties may be copied, reproduced, communicated to the public, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (7) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the OMsignal Properties. Any unauthorized use of the OMsignal Properties terminates the licenses granted by OMsignal pursuant to these Terms.
    8. d)     Updates. All updates and upgrades to the App and Firmware will be governed by the version of these Terms published by OMsignal as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, or enhancements of the App, Firmware, or for the Service. Any rights not expressly granted herein are reserved.
    9. Ownership Rights and License. As between you and OMsignal, the OMsignal Properties, including any design, layout, logo, text, code, and graphics contained within the App and Firmware (the “OMsignal Content”) is, and shall remain the sole property of OMsignal and its licensors and partners, as applicable, and are subject to protection under U.S. and foreign copyright laws.
    10. Unauthorized Applications. You understand that the PoloTech Shirt and the Services, including, but not limited to, the Black Box and App, are not designed, intended, authorized, or warranted to be suitable for use in the following “Unauthorized Applications”: primary health monitoring, life support applications, devices or systems; direct life support machines; military or space equipment requiring radiation hardened components; Enhanced 911 or the E911 emergency calling systems; any use or handling of the Black Box or the PoloTech Shirt that is inconsistent with those items’ stated care, storage, uses, or handling instructions, as provided in PoloTech Shirt product packaging and inserts; or any use that is inconsistent with the Contact and Combat Sport Disclaimer and Liability Release, the Medical Disclaimer or the Security Warning stated below.
    11. Contact and Combat Sport Disclaimer and Liability Release. We recommend you do not use the PoloTech Shirt during contact or combat sports or activities such as, but not limited to, football, hockey, boxing, martial arts, rugby, wrestling and other such sport. Although the PoloTech Shirt may be capable of following you during such contact or combat sports and activities, there are risk of serious injuries in case of heavy contact with the box and connectors, and it may injure other players and opponents in case of heavy or violent contacts. In addition, practice of contact or combat sports and activities involve risk of serious injuries, disabilities or even death, with or without the use of the PoloTech Shirt. Not all risks are foreseeable. If, despite having been cautioned against such use, you choose to use the PoloTech Shirt in any contact or combat sports and activities, you understand that neither OMsignal nor Ralph Lauren shall be liable for any injury, death, property damage, or for special, incidental or consequential damages alleged to be caused in whole or in part by the the PoloTech Shirt or its use, and you hereby release and waive any claims, in law or equity, that you may otherwise have against OMsignal, Ralph Lauren or their respective affiliates or subsidiaries in connection with such injury, death or damage.
    12. Medical Disclaimer. The PoloTech Shirt, the App, the Black Box, the OMsignal Properties, and the Services, individually or collectively, are not intended to diagnose, cure, mitigate, treat or prevent any disease or other health condition. In addition to training intensity, the data provided by the PoloTech Shirt, the Black Box, and the App, may be affected by a variety of other factors, including for example, medications for heart conditions, blood pressure, psychological conditions, asthma, breathing, etc., as well as some energy drinks, alcohol, and nicotine.

     

    Exercising may include some risks and training results will vary. You should consult a qualified medical professional before starting this or any fitness program. Not all exercise plans are suitable for everyone. Immediately discontinue any exercise that causes you pain, severe discomfort, excessive fatigue, nausea, dizziness, or shortness of breath and consult a medical professional. Start slowly and at the level that is appropriate for you.

    The training suggestions in the App:

    • are in no way intended to be a substitute for professional medical consultation or personal training;
    • are not personalized and do not take into account your health condition or training history;
    • should not be viewed as medical advice; and
    • are not intended for anyone under the age of 18.

    The PoloTech Shirt and the App are designed for an adult male. The PoloTech Shirt should not be worn by anyone using an implantable medical device, such as a pacemaker or implantable cardioverter defibrillator, or women who are pregnant or suspect they might be pregnant.

    1. Security Warning, Disclaimer and Liability Release. Bypassing the security measures built in your iOS device, known as “jailbreaking”, could make your OMsignal password accessible to hackers. As a result, hackers could access all the information stored on your phone by the OMsignal application and all of your information stored on the OMsignal servers. If you decide to “jailbreak” your iOS device, neither OMsignal nor Ralph Lauren will be liable for any consequences or damages that you might suffer as a result of unauthorized access to your information, whether direct, indirect, special, incidental or consequential damages. You hereby release and waive any claims, in law or equity,that you may otherwise have against OMsignal or Ralph Lauren or their affiliates in connection with such damages.

     

    1. User Warranty. You warrant that you will not use the PoloTech Shirt, the Black Box, the App, or the Services individually or collectively for or with any Unauthorized Applications, and you further agree to, without limitation, defend, indemnify, and hold harmless OMsignal, Ralph Lauren and their respective affiliates and subsidiaries from and against any and all claims, suits, actions, proceedings, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms. You further acknowledge and agree that neither Ralph Lauren nor OMsignal have an obligation to monitor your use of the Services or any vital signs, or biometric information, or any other information uploaded by or through the Services to OMsignal’s servers, and that neither Ralph Lauren, nor OMsignal have an obligation to take any action in response to such information.
    2. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE OMSIGNAL PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE, OMSIGNAL PROPERTIES, AND ANY OMSIGNAL CONTENT, ARE PROVIDED TO YOU “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OMSIGNAL HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OMSIGNAL PROPERTIES, AND ANY OMSIGNAL CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE AND ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, ACCURACY, AND QUIET ENJOYMENT. OMSIGNAL DOES NOT WARRANT THAT THE OMSIGNAL PROPERTIES, AND ANY OMSIGNAL CONTENT OR USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE OMSIGNAL PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE OMSIGNAL PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OMSIGNAL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, OMSIGNAL’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT OMSIGNAL’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.

    1. No Medical Advice. NEITHER RALPH LAUREN, NOR OMSIGNAL OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE OMSIGNAL PROPERTIES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE OMSIGNAL PROPERTIES. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.

    RALPH LAUREN AND OMSIGNAL ASSUME NO RESPONSIBILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED BY OR THROUGH THE USE OF THE POLOTECH SHIRT, THE OMSIGNAL PROPERTIES, THE OMSIGNAL CONTENT OR THE TRAINING SUGGESTIONS IN THE VIDEO. NEITHER RALPH LAUREN NOR OMSIGNAL GUARANTEE THE ACCURACY OF THE BIOMETRIC DATA PROVIDED OR ANY TRAINING RESULTS FROM THE USE OF THE OMSIGNAL PROPERTIES OR THE VIDEOS CONTAINED WITHIN THE APP.  

    1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RALPH LAUREN OR OMSIGNAL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE POLOTECH SHIRT, OMSIGNAL PROPERTIES, ANY OMSIGNAL CONTENT OR ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF OMSIGNAL AND/OR RALPH LAUREN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Ralph Lauren’s or OMsignal’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (1) the amounts paid by you to Ralph Lauren or OMsignal during the twelve (12) months immediately preceding the events or omissions giving risk to such damages, or (2) the amount of one hundred U.S. dollars ($100.00). The foregoing limitations will apply even if the above stated remedy or any other remedy set forth in these Terms fails of its essential purpose.
    2. Release. You hereby release Ralph Lauren, OMsignal and their respective affiliates and subsidiaries, and each of their respective successors, from claims, demands, any and all losses, damages, rights, and actions of any kind, including, but not limited to, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the PoloTech Shirt or the OMsignal Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
    3. Feedback. You agree that submission of any ideas, suggestions, documents, or proposals to OMsignal through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”), which exist now or which may exist in the future, is at your own risk and that OMsignal has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. In consideration of the rights to use the Service granted herein, you hereby grant to OMsignal a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicenseable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the OMsignal Properties.
    4. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of your contract hereunder and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
    5. a)     Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and any applicable supplemental terms or the use of the Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. This arbitration agreement applies to you, OMsignal, Ralph Lauren and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized and unauthorized users or beneficiaries of the Services provided pursuant to these Terms.
    6. b)     Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to OMsignal should be sent to: 75 Rue Queen, Suite 3700, Montréal, QC, H3C 2N6. A Notice to Ralph Lauren should be sent to: Ralph Lauren Corporation, 625 Madison Avenue, 5th Floor, Attn. Legal Department, New York, NY 10022. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within 30 calendar days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
    7. c)     Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
    8. d)     Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
    9. e)     Time Limits. If you, OMsignal, or Ralph Lauren pursue arbitration, the arbitration action must be initiated and demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
    10. f)     Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and OMsignal, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
    11. g)     Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these Terms. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you, OMsignal and/or Ralph Lauren in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU, OMSIGNAL AND RALPH LAUREN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
    12. h)     Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    13. i)     Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
    14. j)     Severability. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this arbitration agreement and these Terms shall continue in full force and effect.
    15. k)     Right to Waive. Any or all of the rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this arbitration agreement or these Terms.
    16. l)     Survival of Agreement. This arbitration agreement will survive the termination of your relationship with OMsignal.
    17. m)   Small Claims Court. Notwithstanding the foregoing, you, OMsignal and Ralph Lauren may bring an individual action in small claims court.
    18. n)     Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek and obtain emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
    19. o)     Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
    20. p)     Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the sole jurisdiction and venue for any such litigation shall be an appropriate federal or state court located in New York City, Borough of Manhattan, New York. Your access to and use of the Services are governed and interpreted by the laws of the State of New York, excluding its conflicts of law rules to the contrary.
    21. Application Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 15 (Application Store Additional Terms and Conditions) of these Terms, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store.
    22. a)     Acknowledgement. OMsignal and you acknowledge that these Terms are concluded between OMsignal and you only, and not with any App Store. OMsignal, not the App Store, is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are less restrictive than the Usage Rules as defined in these Terms, or otherwise are in conflict with the application store terms of service, the more restrictive or conflicting App Store terms of service or Usage Terms shall apply, as applicable.
    23. b)     Scope of License. As further described in these Terms, the license granted to you for the App is limited to a non-transferable license to use App on an iOS device that you own or control and as permitted by the Usage Rules.
    24. c)     Maintenance and Support. OMsignal is solely responsible for providing any maintenance and support services (if any) with respect to the App, as specified in these Terms, or as required under applicable law. OMsignal and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    25. d)     Warranty. OMsignal, and not the App Store, is responsible for product warranties, whether express or implied by law, as described in these Terms. If the App fails to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be OMsignal’s responsibility.
    26. e)     Product Claims. OMsignal and you acknowledge that the App Store is not responsible for addressing any of your or any third party’s claims relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. These Terms limit OMsignal’s liability to you beyond what is required under applicable law.
    27. f)     Intellectual Property Rights. OMsignal and you acknowledge that, in the event of any third party claim that the App or your possession and use of App infringes that third party’s intellectual property rights, the App Store will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    28. g)     Legal Compliance. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
    29. h)     Developer Name and Address. OMsignal’s contact information for any questions, complaints, or claims with respect to App is set forth below.
    30. i)     Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App, if any.
    31. j)     Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.
    32. OMsignal Name and Address. OMsignal’s contact information for any questions, complaints, or claims with respect to OMsignal Properties is 75 Rue Queen, Suite 3700, Montréal, QC, H3C 2N6, Canada.
    33. Indemnification. You agree to indemnify, defend, release, and hold harmless OMsignal, Ralph Lauren, and their respective partners, licensors, affiliates, subsidiaries, contractors, officers, directors, employees, shareholders and agents from and against all damages, losses, and expenses arising directly or indirectly from (1) any negligent acts, omissions, or willful misconduct by you, (2) your use of the OMsignal Properties and OMsignal Content, (3) any breach of these Terms by you, and (4) your violation of any law or of any rights of any third party.
    34. Equitable Remedies. You hereby agree that if the terms of these Terms are not specifically enforced, OMsignal and/or Ralph Lauren will be irreparably damaged. Therefore, you agree that OMsignal and Ralph Lauren shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
    35. Change to these Terms. These Terms are subject to change by OMsignal, in its sole discretion, at any time and from time-to-time. When changes are made, OMsignal will make a new copy of the Terms available within the App. We will also update the “Last Updated” date at the bottom of these Terms. Any changes to these Terms will be effective immediately. If you do not agree to any changes in the Term, you must stop using the OMsignal Properties immediately and you are no longer authorized to use the OMsignal Properties. Otherwise, your continued use of the OMsignal Properties constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE APP TO VIEW THE THEN-CURRENT TERMS.
    36. Termination. OMsignal may cancel, suspend, or block your use of the Service without notice at any time and from time-to-time for any legitimate reason including, but not limited to, if there has been a violation of these Terms. Your right to use the Service will end once your Account is terminated, and any data you have stored within the Service may be unavailable later, unless OMsignal is required to retain it by law. You may terminate your Account at any time. Neither OMsignal nor Ralph Lauren will be responsible or liable for any records or information that are made unavailable to you as a result of your termination of your Account. YOU AGREE THAT NEITHER OMSIGNAL NOR RALPH LAUREN WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favor OMsignal and/or Ralph Lauren will survive the expiration or termination of these Terms for any reason.
    37. Miscellaneous. Failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.