---
id:
-
- 780
name:
-
- Terms of Use
url:
-
- https://www.helloinspire.com/policies/terms-of-use
xpath:
-
- "//article"
text:
-
- " Terms of Use The full disclosure detailing our terms of use <i>Last Modified:
September 27, 2018</i>\n<p>Welcome to Inspire Energy Holdings, LLC’s (“<strong>Inspire</strong>”,
“<strong>we</strong>”, “<strong>our</strong>” or “<strong>us</strong>”) website
and/or mobile service.\nThis page explains the terms for using our website, Mobile
Applications, and any other software (including without limitation the Inspire Connections
Software) we provide (collectively, the “<strong>Service</strong>”) and the products
made available for sale by Inspire on the Service (“<strong>Inspire Products</strong>”).\nBy
accessing or using the Service or the Inspire Products, or by clicking a button
or checking a box marked “I Agree” (or other language showing consent), you are
communicating that you have read, understood, and agree to be bound by these Terms
of Service (this “<strong>Agreement</strong>”), our Acceptable Use Policy (https://www.helloinspire.com/policies/acceptable-use-policy),
and to the collection and use of your information as set forth in our Privacy Policy
(https://www.helloinspire.com/policies/privacy-policy).\nInspire reserves the right
to modify these terms and may provide notice of any changes as described below.\nThis
Agreement applies to all visitors, users, and others who access or use the Service
or the Inspire Products (“<strong>Users</strong>”).</p>\n<p>PLEASE READ THIS AGREEMENT
CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.\nTHIS AGREEMENT CONTAINS
A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION
THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES,
RATHER THAN JURY TRIALS OR CLASS ACTIONS.</p> 1.\nOur Products and the Service <p>The
Service provides a place for you to learn about your energy usage and operations
of your home or business location.</p> 1.1\tEligibility <p>This is a contract between
you and Inspire.\nYou must read and agree to these terms before using the Service
or the Inspire Products.\nIf you do not agree, you may not use the Service or the
Inspire Products.\nYou may use the Service or the Inspire Products only if you can
form a binding contract with Inspire, and only in compliance with this Agreement
and all applicable local, state, national, and international laws, rules and regulations.\nAny
use or access to the Service or the Inspire Products by anyone under 13 is strictly
prohibited and in violation of this Agreement.\nThe Service and the Inspire Products
are not available to any Users previously removed from the Service or denied purchase
and use of the Inspire Products by Inspire.</p> 1.2\tLimited License <p>Subject
to the terms and conditions of this Agreement, you are hereby granted a non-exclusive,
limited, non-transferable, freely revocable license to use the Service for your
personal, noncommercial use only and as permitted by the features of the Service.\nInspire
reserves all rights not expressly granted herein in the Service and the Inspire
Content (as defined below).\nInspire may terminate this license at any time for
any reason or no reason.</p> 1.3\tUser Accounts <p>Your account on the Service (your
“<strong>User Account</strong>”) gives you access to the services and functionality
that we may establish and maintain from time to time and in our sole discretion.\nWe
may maintain different types of User Accounts for different types of Users.\nIf
you open a User Account on behalf of a company, organization, or other entity, then
(i) “you” includes you and that entity, and (ii) you represent and warrant that
you are an authorized representative of the entity with the authority to bind the
entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.\nBy
connecting to Inspire with a third-party service, you give us permission to access
and use your information from that service as permitted by that service, and to
store your log-in credentials for that service.</p>\n<p>You may never use another
User’s User Account without permission.\nWhen creating your User Account, you must
provide accurate and complete information, and you must keep this information up
to date.\nYou are solely responsible for the activity that occurs on your User Account,
and you must keep your User Account password secure.\nWe encourage you to use “strong”
passwords (passwords that use a combination of upper and lower case letters, numbers
and symbols) with your User Account.\nYou must notify Inspire immediately of any
breach of security or unauthorized use of your User Account.\nInspire will not be
liable for any losses caused by any unauthorized use of your User Account.</p>\n<p>By
providing Inspire your email address you consent, except where prohibited by applicable
law, to our using the email address to send you notices related to the Service and
the Inspire Products, including any notices required by law, in lieu of communication
by postal mail.\nWe may also use your email address to send you other messages,
such as changes to features of the Service and special offers.\nIf you do not want
to receive such email messages, you may opt out or change your preferences by emailing
us at membersupport@helloinspire.com.\nOpting out may prevent you from receiving
email messages regarding updates, improvements, or offers.</p> 1.4\tChanges to the
Service <p>We may, without prior notice, change the Service.\nstop providing the
Service or features of the Service, to you or to Users generally.\nor create usage
limits for the Service.\nWe may permanently or temporarily terminate or suspend
your access to the Service without notice and liability for any reason, including
if in our sole determination you violate any provision of this Agreement, or for
no reason.\nUpon termination for any reason or no reason, you continue to be bound
by this Agreement.</p> 1.5 Disputes with Other Users <p>You are solely responsible
for your interactions with other Users.\nWe reserve the right, but have no obligation,
to monitor disputes between you and other Users.\nInspire shall have no liability
for your interactions with other Users, or for any User’s action or inaction.</p>
1.6 Service Location <p>Unless otherwise explicitly stated, the Service and the
Inspire Products are solely directed to individuals, companies, or other entities
located in the United States.\nInspire makes no representations that the Service
or the Inspire Products are appropriate or available for use in other locations
other than the United States.\nThose who access or use the Service or the Inspire
Products from other jurisdictions do so at their own volition and are entirely responsible
for compliance with all applicable United States and local laws and regulations,
including but not limited to export and import regulations.\nYou may not use the
Service or the Inspire Products if you are a resident of a country embargoed by
the United States, or are a foreign person or entity blocked or denied by the United
States government.</p> 2.\nMarketplace Services.\nThird Party Content <p>Certain
portions of the Service and the Inspire Products may allow you to provide information
to us, such as information regarding their home or business’ energy usage, and,
based upon that information, as well as other information, we may provide you with
recommendations regarding products and services that may be of interest to you (“<strong>Inspire
Offers</strong>”).\nWe may disclose when a particular Inspire Offer is sponsored
or otherwise provided by a third party.</p>\n<p>The products and services that are
the subject of Inspire Offers may not be owned or controlled by Inspire.\nInspire
Offers are provided to you as a convenience, and Inspire does not endorse, warrant,
guarantee, or assume any responsibility for any such third-party sites, information,
materials, products, or services.\nInspire is not an agent or broker or otherwise
responsible for the activities or policies of those third parties.\nTo the extent
that pricing information or other terms are provided in connection with an Inspire
Offer, Inspire does not guarantee that such pricing or other terms are actually
the terms that may be offered to you if you pursue the Inspire Offer or that they
are the best terms or lowest rates you may receive for the applicable products and
services.\nInspire may receive compensation from such third parties which may impact
the placement and availability of the Inspire Offers.</p>\n<p>If you access a third-party
website or service from the Service or through the Inspire Products, or share your
information on or through any third-party website or service, you do so at your
own risk, and you understand that this Agreement and Inspire’s Privacy Policy do
not apply to your use of such websites and services.\nYou expressly relieve Inspire
from any and all liability arising from your use of any third-party website, service,
product, or content.\nAdditionally, your dealings with or participation in promotions
of third parties found on the Service or the Inspire Products, including payment
and delivery of goods, and any other terms (such as warranties) are solely between
you and such third parties.\nYou agree that Inspire shall not be responsible for
any loss or damage of any sort relating to your dealings with such third-parties.</p>
3.\nInspire Energy Services <p>In addition to the Service, Inspire provides additional
clean energy services (“<strong>Inspire Energy Services</strong>”).\nIn order to
use Inspire Energy Services, you must register for the applicable Inspire Product
and transfer your current energy supply services to Inspire.\nAll use of any Inspire
products or services is governed by a separate Disclosure Statement (“<strong>Disclosure
Statement</strong>”) that will be made available to you prior to enrolling in or
initiating any Inspire Energy Services.\nThe terms of the Disclosure Statement are
incorporated herein by reference, and you must agree to the terms and conditions
of the Disclosure Statement in order to use any Inspire Energy Services.\nBy agreeing
to the terms and conditions of the Disclosure Statement and transferring your current
utility account to Inspire, you are agreeing to conduct business and transact electronically,
rather than with paper documents and wet signatures.\nIn the event of a conflict
between the terms of this Agreement and the Disclosure Statement, the terms of the
Disclosure Statement will control.</p> 4.\nInspire Connected Services 4.1 Definitions
<p>For the purposes of this Agreement:</p>\n<ul>\n<li>“<strong>Auxiliary Products</strong>”
means any third-party product that you can interact with or operate via the Inspire
Connections Software using a Connected Inspire Product.</li>\n<li>“<strong>Connected
Inspire Products</strong>” means those Inspire Products that contain the Inspire
Connections Software that can be used to interact with or operate Auxiliary Products.</li>\n<li>“<strong>Connected
Products</strong>” means the Auxiliary Products and the Connected Inspire Products,
collectively.</li>\n<li>“<strong>Inspire Connections Software</strong>” means the
software provided by Inspire that enables connectivity between the Connected Inspire
Products and the Auxiliary Inspire Products.</li>\n</ul> 4.2 Connected Services
Description and Requirements <p>As part of the Service, you may monitor and adjust
your Auxiliary Products’ energy usage in your home or office through your Connected
Inspire Products (“<strong>Connected Services</strong>”).\nTo access and use the
Connected Services, you will need: (a) the Connected Products you wish to use with
the Connected Services.\n(b) broadband internet access for your Connected Products
and the Connected Services.\nand (c) a supported user interface(s) to install, configure,
and use the Connected Products and the Connected Services.\nYour ability to use
and the performance of the Connected Services may be affected by the Connected Products
you use, your internet connection, and compatible software.\nThe Connected Products
you use to access user interfaces (such as your mobile phone, tablet, laptop, or
other device) must meet system and compatibility requirements to access the Connected
Services.\nThese system and compatibility requirements are solely determined by
us, and we may update and modify them in our sole discretion.\nYou acknowledge that
system and compatibility requirements updates and modifications may result in your
Connected Products no longer being compatible with the Connected Services.\nYou
are responsible for continuing to ensure that your Connected Products meet updated
or modified system and compatibility requirements.</p> 4.3 Your Responsibility for
Broadband Internet and Power for the Connected Services <p>The Connected Services
require a reliable and working broadband internet connection or cellular service
to send and receive information from your Connected Products.\nIf your Connected
Products lose power, the Connected Services may be inoperable or limited.\nYour
receipt of notifications sent to you depends on your Connected Products, devices
and service providers (and equipment they supply you to deliver their services).\nWe
cannot and do not provide any guarantees for the availability or security of these
products and services (including any equipment not provided by us).\nIt is your
responsibility to ensure that your Connected Products’ batteries have power.</p>
4.4 Smart Device Standards <p>The Connected Services and the Connected Products
may use various open or commonly available standards or means to work with smart
or connected devices that are also used by other systems or services in relation
to smart or connected devices and products, including Z-Wave, Zigbee HA, Wi-Fi,
Bluetooth, and IP devices.\nHowever, not all smart or connected devices will work
with each standard, or they may have limited features or functionality, even if
designed to operate using these connection methods.</p> 4.5 Third Party Products
or Services Registrations <p>Some Auxiliary Products or third party services require
registration in order to function, work with the Connected Services, or access all
the features or uses you may want from those Auxiliary Products or third party services.\nYou
understand that your registration with third parties may contain terms, conditions,
privacy statements or notices, limitations, and exclusions between you and these
third parties.\nYou agree that we are not responsible to you for these additional
registration requirements and you must look solely to those third parties for any
issues, concerns, loss, damages, harm, or liability related to the requirement to
register your products and the terms of such registration.</p> 4.6 Smoke and Carbon
Monoxide Detectors / Battery-Powered Devices <p>YOU AGREE THAT YOU ARE RESPONSIBLE
FOR COMPLIANCE WITH ANY LAW, CODE AND REQUIREMENTS THAT APPLY TO INSTALLATION OR
SERVICE OF SMOKE OR CARBON MONOXIDE DETECTORS.\nTHE INSTALLATION OF SUCH DEVICES
DOES NOT NECESSARILY CONSTITUTE A FIRE ALARM SYSTEM AS MAY BE REQUIRED BY LOCAL
CODE OR DESCRIBED IN THE APPLICABLE NATIONAL FIRE ALARM AND SIGNALING CODE STANDARDS.\nSUCH
DEVICES REQUIRE ELECTRICITY AND BATTERIES FOR PROPER OPERATION AND IT IS YOUR RESPONSIBILITY
TO REGULARLY TEST SUCH DEVICES AND REPLACE BATTERIES AND THE DEVICES AS RECOMMENDED
BY THE DEVICE MANUFACTURERS.\nYOU ARE SOLELY RESPONSIBLE FOR CHECKING AND REPLACING
BATTERIES THAT ARE LOW OR DEAD.\nWe make no representation that the fire alarm equipment
meets local code requirements or constitutes a fire alarm system as that term is
defined by any local authorities that may regulate or otherwise have jurisdiction
over fire alarm systems in your premises.\nWe recommend that you have a fire alarm
system installed by a licensed alarm professional pursuant to the applicable National
Fire Alarm and Signaling Code standards and your local authorities’ recommendations.</p>
4.7 Access to Premises <p>You agree to allow Inspire and its service providers (including
without limitation Inspire’s installation partners), agents, and affiliates the
right to enter your premises physically, remotely or electronically at reasonable
times if and as may be necessary for any installation, support, repair or maintenance
services that you may request from time to time.\nSuch services, if offered, may
require an additional charge.\nYou represent and warrant that you are either the
owner of such premises or have the authority to give Inspire and its service providers,
agents, and affiliates access to your premises.\nIf you are not the owner of such
premises, you are responsible for obtaining any necessary approval from the owner
to allow Inspire and its service providers, agents, and affiliates onto the premises
to perform such installation, support, repair or maintenance services.\nIn addition,
you agree to supply us, if requested, with the premises owner’s contact information
and/or evidence that the owner has authorized you to grant access to the premises.\nYou
are not aware of any hazardous conditions on the premises.\nYou agree to notify
Inspire immediately of any changes of ownership or occupancy of the premises.</p>
4.8 Connected Products <p>You agree to access and use the Connected Services solely
through the Connected Products and only in compliance with the terms and conditions
of this Agreement.\nIf you need customer support services in connection with your
use of the Connected Services or the Connected Products, please contact us at membersupport@helloinspire.com.\nYou
acknowledge that any removal, change or update to the Connected Products may interrupt
the Connected Services.\nThe Connected Products may only be used for your premises.\nYou
understand and acknowledge that if you attempt to install or use the Connected Products
at a location other than your premises, the Connected Services may fail to function
or may function improperly.\nYou agree that you will not allow anyone other than
Inspire or its service providers, agents, and affiliates to service the Connected
Products and the Connected Services.</p> 4.9 Inspire Connected Services Ownership
<p>The Inspire Connections Software, along with any other firmware or software owned
by Inspire that is necessary to the functioning of the Connected Services, is protected
by trademark, copyright, patent, and/or intellectual property laws and international
treaty provisions.\nYou are hereby granted a revocable, limited, non-exclusive,
non-transferrable, non-sublicensable license to use the Inspire Connections Software
and such firmware and software in object code form (without making any modification
thereto) strictly for your personal use in accordance with this Agreement.\nYou
acknowledge and understand that you are not granted any other license to use the
firmware or software embedded in the Connected Products or used to provide the Connected
Services.\nYou expressly agree that you shall not take any action nor allow anyone
else to take any actions that will reverse compile, disassemble, reverse engineer
or otherwise attempt to derive the source code from the binary code of the Connected
Products, the Connected Services, the Inspire Connections Software, or any related
firmware or software.</p> 5.\nOur Proprietary Rights <p>The Service and all materials
therein or transferred thereby, including, without limitation, software, images,
text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, and music (the “<strong>Inspire Content</strong>”),
and all Intellectual Property Rights related thereto, are the exclusive property
of Inspire and its licensors.\nExcept as explicitly provided herein, nothing in
this Agreement shall be deemed to create a license in or under any such Intellectual
Property Rights, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from any Inspire Content.\nUse of the Inspire Content for
any purpose not expressly permitted by this Agreement is strictly prohibited.</p>\n<p>You
may choose to or we may invite you to submit comments or ideas about the Service,
including without limitation about how to improve the Service or our products (“<strong>Ideas</strong>”).\nBy
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and
without restriction and will not place Inspire under any fiduciary or other obligation,
and that we are free to use the Idea without any additional compensation to you,
and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.\nYou
further acknowledge that, by acceptance of your submission, Inspire does not waive
any rights to use similar or related ideas previously known to Inspire, or developed
by its employees, or obtained from sources other than you.</p> 6.\nInspire Product
Purchases.\nPaid Services 6.1 Sale of Inspire Products <ol>\n<li>\n<u>Ordering Inspire
Products</u>.\nAfter you place an order for Inspire Products, we will review the
information you provided for validity by verifying your method of payment, billing,
and/or shipping address.\nOrders may not be accepted for delivery to certain addresses
and territories based upon your location.\nWe may contact you (via email or phone)
if additional information is required to accept and process your order.\nInvalid
order information may result in delays processing your order.\nFor Inspire Product
purchases, your receipt of an order confirmation does not constitute Inspire’s acceptance
of your order.\nWithout prior notification, Inspire maintains the right to limit
the Inspire Product order quantity and the right to refuse to sell Inspire Products
to any customer for any reason or no reason at all.\nInspire reserves the right
not to sell to resellers, dealers, or distributors.\nIf your order is canceled,
we will attempt to notify you using the email address you have given us with the
order.</li>\n<li>\n<u>Inspire Product Descriptions.\nPricing</u>.\nWe have tried
to be as accurate as possible in describing and displaying the features of the Inspire
Products made available for purchase through the Service.\nhowever, there is no
warranty or guarantee that the colors, quality, product descriptions, or other content
of the Service relating to or otherwise describing the Inspire Products is accurate,
complete, reliable, current, or error-free.\nWe reserve the right in our sole discretion
to change prices for Inspire Products displayed at/on the Service at any time, and
to correct pricing errors that may inadvertently occur.</li>\n<li>\n<u>Shipping</u>.\nWe
will ship the Inspire Product(s) you purchase via the shipping method of our choice,
on such other terms and conditions (such as applicable shipping and handling fees)
that we may disclose to you at the time of your purchase.\nWe do not guarantee the
services of any shipping service, and delivery dates and times are estimates and
are not guaranteed.\nWe will, however, use commercially reasonable efforts to dispatch
the Inspire Products to you as soon as reasonably possible after you place your
order.\nDuring busy times, such as holiday periods and periods of inclement weather,
there may be additional processing and shipping delays.\nYou agree to not hold Inspire
liable for any shipping issues.\nMost package carriers have a short time frame in
which to initiate claims.\nWe recommend that you inspect your package for damage
immediately upon arrival.\nIf there is a problem, contact the delivery service immediately
to resolve any problems.\nUnless otherwise provided by notice from Inspire, all
Inspire Products are shipped F.O.B.\nfrom any place we designate the Inspire Products
to leave.\nTitle to Inspire Products purchased, as well as the risk of loss for
such Inspire Products, passes to you when Inspire or our supplier delivers these
items to the carrier.\nAt our discretion, we may choose to halt, or alter, the delivery
of an order, even though it is in the hands of a delivery agent or shipping company.\nWe
may do this as a customer service or in cases where we suspect fraud.\nYou agree
to pay any additional charges that may arise to do circumstances in which we take
such action.</li>\n<li>\n<u>Cancelling an Order of or Returning the Inspire Products</u>.\nIf
you would like to cancel an order for Inspire Products, you should contact us at
855-683-6216 as soon as possible after the order has been placed.\nOnce you have
received the Inspire Products, you may return the Inspire Products for a refund
of the price you paid Inspire for the Inspire Products for any or no reason within
seven (7) days following the earlier of the delivery or installation of the Inspire
Products.\nprovided that: (a) to receive a refund, the returned Inspire Products
must be as-new and in their original packaging.\nand (b) you will be responsible
for any and all shipping and installation or removal costs in connection with returning
returned Inspire Products.\nFor any valid refund, Inspire will credit the amount
you paid Inspire for the returned Inspire Products to the original payment method
you used to purchase the returned Inspire Products.</li>\n<li>\n<u>Personal Use
Only</u>.\nYou agree to comply with all applicable laws and regulations of the country
to which you ship your Inspire Products.\nYou agree and represent that you are buying
Inspire Products for your own internal use only, and not for resale or export.</li>\n<li>\n<u>No
Transfer of Intellectual Property</u>.\nExcept as otherwise provided in this Agreement,
the sale to you of the Inspire Products does not convey to you any Intellectual
Property Rights in the Inspire Products or any firmware or software contained therein
(including without limitation the Inspire Connections Software), including but not
limited to any rights under any patent, trademark, copyright, or trade secret.</li>\n</ol>
6.2 Paid Portions of the Service <ol>\n<li>\n<u>Paid Services</u>.\nCertain aspects
of the Service may be provided for a fee or other charge.\nIf you elect to use paid
aspects of the Service, you agree to any pricing and payment terms, as we may update
them from time to time.\nInspire may add new services for additional fees and charges,
add or amend fees and charges for existing services, at any time in its sole discretion.\nAny
change to our pricing or payment terms shall become effective in the billing cycle
following notice of such change to you as provided in this Agreement.</li>\n<li>\n<u>Cancelling
the Service</u>.\nYou may cancel your User Account at any time.\nhowever, there
are no refunds for cancellation.\nIn the event that Inspire suspends or terminates
your User Account or this Agreement for your breach of this Agreement, you understand
and agree that you shall receive no refund for any unused time on a subscription,
any license or subscription fees for any portion of the Service, any content or
data associated with your User Account, or for anything else.</li>\n</ol> 6.3 Offers
<p>You acknowledge and agree that any offers made available through the Service,
including without limitation offers for the Inspire Products and Inspire Offers,
are subject to change at any time and from time to time.</p> 6.4 Payment Information.\nTaxes
<p>All information that you provide in connection with a purchase or transaction
or other monetary transaction interaction with Inspire must be accurate, complete,
and current.\nWe accept various methods for payments made through the Service (including
without limitation any purchases of Inspire Products) and you agree to pay all charges
incurred by users of your credit card, debit card, or other payment method used
in connection with a purchase or transaction or other monetary transaction interaction
with Inspire at the prices in effect when such charges are incurred.\nInspire will
not fulfill any monetary transaction interaction without authorization validation
of your purchase from your payment method.\nYou will pay any applicable taxes, if
any, relating to any such purchases, transactions or other monetary transaction
interactions.</p> 6.5 California Residents <p>The provider of services is Inspire
Energy Holdings, LLC, 30 S.\n15th Street, Suite 1400, Philadelphia, PA 19102, telephone
(866) 403-2620, and email membersupport@helloinspire.com.\nIf you are a California
resident, in accordance with Cal.\nCiv.\nCode §1789.3, you may report complaints
to the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 1625 North Market
Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916)
445-1254.</p> 7.\nNo Responsibility for Results of Your Use of Information <p>All
information provided to you through the Service or the Inspire Products, including
but not limited to information relating to your energy usage, is for informational
purposes only and should not be construed as professional advice.\nNo action should
be taken based solely upon any information contained in the Service or the Inspire
Products and you acknowledge and agree that we are not responsible for any use you
may make of that information, or the results of your use of such information.\nYour
situation is unique, and you should seek independent professional advice from a
person who is licensed and/or qualified in the applicable area.</p> 8.\nText Messaging
<p>You may sign up to receive certain Inspire notifications or information via text
messaging.\nYou may incur additional charges from your wireless provider for these
services.\nYou agree that you are solely responsible for any such charges.\nFurther,
you may enroll to receive text messages about account-related news and alerts from
our alert service.\nBy enrolling in the alert service, you agree to receive text
messages from us to the mobile phone number you provide to us.\nYou certify that
your mobile number provided is true and accurate and that you are authorized to
enroll the designated mobile number to receive such text messages.\nYou acknowledge
and agree that the text messages may be sent using an automatic telephone dialing
system and that standard message and data rates apply.\nTo unsubscribe from text
messages at any time, reply STOP to any text message you receive from us or email
us at membersupport@helloinspire.com.\nYou consent that following such a request
to unsubscribe, you may receive one final text message from us confirming your request.\nPlease
see our Privacy Policy (https://www.helloinspire.com/policies/privacy-policy) for
more information.</p> 9.\nPrivacy and Security <p>We care about the privacy of our
Users.\nYou understand that by using the Service or the Inspire Products you consent
to the collection, use and disclosure of your personally identifiable information
and aggregate and/or anonymized data as set forth in our Privacy Policy (https://www.helloinspire.com/policies/privacy-policy),
and to have your personally identifiable information collected, used, transferred
to and processed in the United States.</p>\n<p>Inspire cares about the integrity
and security of your personal information.\nHowever, we cannot guarantee that unauthorized
third parties will never be able to defeat our security measures or use your personal
information for improper purposes.\nYou acknowledge that you provide your personal
information at your own risk.</p> 10.\nIndemnity <p>You agree to defend, indemnify
and hold harmless Inspire and its subsidiaries, agents, licensors, managers, and
other affiliated companies, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees) arising
from: (i) your use of and access to the Service and the Inspire Products, including
any data or content transmitted or received by you.\n(ii) your violation of any
term of this Agreement, including without limitation your breach of any of the representations
and warranties above.\n(iii) your violation of any third-party right, including
without limitation any right of privacy or Intellectual Property Rights.\n(iv) your
violation of any applicable law, rule or regulation.\n(v) any content of any kind
that is submitted via your User Account including without limitation misleading,
false, or inaccurate information.\n(vi) your willful misconduct.\nor (vii) any other
party’s access and use of: (i) the Service with your unique username, password or
other appropriate security code or (ii) your Inspire Products.</p> 11.\nLimited
Hardware Warranty <p>Inspire warrants any and all hardware sold as part of the Inspire
Products (“<strong>Inspire Hardware</strong>”) will be free from manufacturing defects
for a period of ninety (90) days from the date of purchase unless otherwise specified
on the applicable Inspire Hardware (“<strong>Warranty Period</strong>”).\nYou must,
at your expense, return all defective Inspire Hardware to Inspire within the Warranty
Period.\nIf Inspire Hardware is found to be defective by Inspire upon its inspection
and at its sole discretion, your sole remedy and Inspire’s sole responsibility and
liability to you will be to repair or replace the defective Inspire Hardware at
Inspire’s cost.\nReplacement parts used in the repair of products may be new or
refurbished.\nIf, upon its inspection, Inspire discovers that you have modified,
changed, or altered the Inspire Hardware in any way (including without limitation
any firmware included therein), this limited warranty is waived.\nAny Inspire Hardware
that has been repaired or replaced under this warranty shall have warranty coverage
for the remainder of the Warranty Period.</p>\n<p>This limited warranty is subject
to several important restrictions:</p>\n<ul>\n<li>This limited warranty only applies
to Inspire Hardware purchased directly from Inspire or from one of Inspire’s authorized
resellers.</li>\n<li>This limited warranty is valid only for the original purchaser
of the Inspire Hardware, and it cannot be transferred to another person upon the
sale, lease, or transfer of the Inspire Hardware.</li>\n<li>This limited warranty
does not cover normal wear and tear.</li>\n<li>This limited warranty does not apply
to anything other than defects in the manufacturing and workmanship of the Inspire
Hardware.</li>\n<li>The limited warranty is waived if you seek to repair the Inspire
Hardware using anything other than approved Inspire products and services, or if
you seek to combine the Inspire Hardware with any third-party product.</li>\n</ul>\n<p>Inspire
gives no warranty regarding the life of the batteries used in the Inspire Products.\nActual
battery life may vary depending on a number of factors, including the configuration
and usage of an Inspire Product.</p> 12.\nNo Other Warranties.\nDisclaimer <p>Except
as otherwise provided in this Agreement, the Inspire Products and the Service are
provided on an “as is” and “as available” basis and Use of the Inspire Products
and the Service is at your own risk.\nExcept as otherwise provided in this Agreement
and to the maximum extent permitted by applicable law, the Inspire Products and
the Service are provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness for
a particular purpose, or non-infringement.\nNo advice or information, whether oral
or written, obtained by you from Inspire or through the Service will create any
warranty not expressly stated herein.\nWithout limiting the foregoing and except
as otherwise provided in this Agreement, Inspire, its subsidiaries, its affiliates,
and its licensors do not warrant that the Inspire content is accurate, reliable
or correct.\nthat the Service or the Inspire Products will meet your requirements.\nthat
the Service or the Inspire Products will be available at any particular time or
location, uninterrupted or secure.\nthat any defects or errors will be corrected.\nor
that the Service or the Inspire Products are free of viruses or other harmful components.\nAny
content downloaded or otherwise obtained through the use of the Service or the Inspire
Products is downloaded at your own risk and you will be solely responsible for any
damage to your computer system or mobile device or loss of data that results from
such download or your use of the Service or the Inspire Products.</p>\n<p>Further,
Inspire does not warrant, endorse, guarantee, or assume responsibility for any product
or service advertised or offered by a third party through the Service or the Inspire
Products or any hyperlinked website or service, and Inspire will not be a party
to or in any way monitor any transaction between you and third-party providers of
products or services.</p>\n<p>Federal law, some states, provinces and other jurisdictions
do not allow the exclusion and limitations of certain implied warranties, so the
above exclusions may not apply to you.\nThis Agreement gives you specific legal
rights, and you may also have other rights which vary from state to state.\nThe
disclaimers and exclusions under this Agreement will not apply to the extent prohibited
by applicable law.</p> 13.\nLimitation of Liability <p>To the maximum extent permitted
by applicable law, in no event shall Inspire, its affiliates, agents, directors,
employees, suppliers or licensors be liable for any indirect, punitive, incidental,
special, consequential or exemplary damages, including without limitation damages
for loss of profits, goodwill, use, data or other intangible losses, arising out
of or relating to the use of, or inability to use, the Service or the Inspire Products.\nUnder
no circumstances will Inspire be responsible for any damage, loss or injury resulting
from hacking, tampering or other unauthorized access or use of the Inspire Products
or the Service or your account or the information contained therein.</p>\n<p>To
the maximum extent permitted by applicable law, Inspire assumes no liability or
responsibility for any (i) errors, mistakes, or inaccuracies of content.\n(ii) personal
injury or property damage, of any nature whatsoever, resulting from your access
to or use of our service or the Inspire Products.\n(iii) any unauthorized access
to or use of our secure servers and/or any and all personal information stored therein.\n(iv)
any interruption or cessation of transmission to or from the Service or the Inspire
Products.\n(v) any bugs, viruses, trojan horses, or the like that may be transmitted
to or through our service or the Inspire Products by any third party.\n(vi) any
errors or omissions in any content or for any loss or damage incurred as a result
of the use of any content posted, emailed, transmitted, or otherwise made available
through the Service or the Inspire Products.\nand/or (vii) the defamatory, offensive,
or illegal conduct of any third party.\nIn no event shall Inspire, its affiliates,
agents, directors, employees, suppliers, or licensors be liable to you for any claims,
proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding
the amount you paid to Inspire hereunder or $100.00, whichever is greater.\nThis
limitation of liability section applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even if Inspire
has been advised of the possibility of such damage.</p>\n<p>Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to you.\nThis Agreement gives you specific
legal rights, and you may also have other rights which vary from state to state.\nThe
disclaimers, exclusions, and limitations of liability under this Agreement will
not apply to the extent prohibited by applicable law.</p> 14.\nGoverning Law, Arbitration,
and Class Action/Jury Trial Waiver 14.1 Governing Law <p>This Agreement shall be
governed by the internal substantive laws of the State of California without respect
to its conflict of laws principles.\nThe parties acknowledge that this Agreement
evidences a transaction involving interstate commerce.\nNotwithstanding the preceding
sentences with respect to the substantive law, any arbitration conducted pursuant
to the terms of this Agreement shall be governed by the Federal Arbitration Act
(9 U.S.C.\n§§ 1-16).\nThe application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.\nYou agree to submit
to the personal jurisdiction of the federal and state courts located in Los Angeles
County, California for any actions for which we retain the right to seek injunctive
or other equitable relief in a court of competent jurisdiction to prevent the actual
or threatened infringement, misappropriation or violation of our copyrights, trademarks,
trade secrets, patents, or other intellectual property or proprietary rights, as
set forth in the Arbitration provision below, including any provisional relief required
to prevent irreparable harm.\nYou agree that Los Angeles County, California is the
proper forum for any appeals of an arbitration award or for trial court proceedings
in the event that the arbitration provision below is found to be unenforceable.</p>
14.2 Arbitration <p>READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES
TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
INSPIRE.\nFor any dispute with Inspire, you agree to first contact us at membersupport@helloinspire.com
and attempt to resolve the dispute with us informally.\nIn the unlikely event that
Inspire has not been able to resolve a dispute it has with you after sixty (60)
days, we each agree to resolve any claim, dispute, or controversy (excluding any
claims for injunctive or other equitable relief as provided below) arising out of
or in connection with or relating to this Agreement, or the breach or alleged breach
thereof (collectively, “<strong>Claims</strong>”), by binding arbitration by JAMS,
under the Optional Expedited Arbitration Procedures then in effect for JAMS, except
as provided herein.\nJAMS may be contacted at www.jamsadr.com.\nThe arbitration
will be conducted in Los Angeles County, California, unless you and Inspire agree
otherwise.\nIf you are using the Service or the Inspire Products for commercial
purposes, each party will be responsible for paying any JAMS filing, administrative
and arbitrator fees in accordance with JAMS rules, and the award rendered by the
arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable
costs for expert and other witnesses.\nIf you are an individual using the Service
or the Inspire Products for non-commercial purposes: (i) JAMS may require you to
pay a fee for the initiation of your case, unless you apply for and successfully
obtain a fee waiver from JAMS.\n(ii) the award rendered by the arbitrator may include
your costs of arbitration, your reasonable attorney’s fees, and your reasonable
costs for expert and other witnesses.\nand (iii) you may sue in a small claims court
of competent jurisdiction without first engaging in arbitration, but this does not
absolve you of your commitment to engage in the informal dispute resolution process.\nAny
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.\nNothing in this Section shall be deemed as preventing Inspire
from seeking injunctive or other equitable relief from the courts as necessary to
prevent the actual or threatened infringement, misappropriation, or violation of
our data security, Intellectual Property Rights or other proprietary rights.</p>
14.3 Class Action/Jury Trial Waiver <p>WITH RESPECT TO ALL PERSONS AND ENTITIES,
REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL
OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE
ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.\nTHIS
WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR
MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.\nYOU AGREE THAT, BY ENTERING
INTO THIS AGREEMENT, YOU AND INSPIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL
ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.</p> 15.\nAdditional Terms
for Mobile Applications 15.1 Mobile Applications <p>We may make available software
to access the Service or the Inspire Products via a mobile device (“<strong>Mobile
Applications</strong>”).\nTo use any Mobile Applications you must have a mobile
device that is compatible with the Mobile Applications.\nInspire does not warrant
that the Mobile Applications will be compatible with your mobile device.\nYou may
use mobile data in connection with the Mobile Applications and may incur additional
charges from your wireless provider for these services.\nYou agree that you are
solely responsible for any such charges.\nInspire hereby grants you a non-exclusive,
non-transferable, revocable license to use a compiled code copy of the Mobile Applications
for one Inspire User Account on one mobile device owned or leased solely by you,
for your personal use.\nYou may not: (i) modify, disassemble, decompile or reverse
engineer the Mobile Applications, except to the extent that such restriction is
expressly prohibited by law.\n(ii) rent, lease, loan, resell, sublicense, distribute
or otherwise transfer the Mobile Applications to any third party or use the Mobile
Applications to provide time sharing or similar services for any third party.\n(iii)
make any copies of the Mobile Applications.\n(iv) remove, circumvent, disable, damage
or otherwise interfere with security-related features of the Mobile Applications,
features that prevent or restrict use or copying of any content accessible through
the Mobile Applications, or features that enforce limitations on use of the Mobile
Applications.\nor (v) delete the copyright and other proprietary rights notices
on the Mobile Applications.\nYou acknowledge that Inspire may from time to time
issue upgraded versions of the Mobile Applications, and may automatically electronically
upgrade the version of the Mobile Applications that you are using on your mobile
device.\nYou consent to such automatic upgrading on your mobile device, and agree
that the terms and conditions of this Agreement will apply to all such upgrades.\nAny
third-party code that may be incorporated in the Mobile Applications is covered
by the applicable open source or third-party license EULA, if any, authorizing use
of such code.\nThe foregoing license grant is not a sale of the Mobile Applications
or any copy thereof, and Inspire or its third-party partners or suppliers retain
all right, title, and interest in the Mobile Applications (and any copy thereof).\nAny
attempt by you to transfer any of the rights, duties or obligations hereunder, except
as expressly provided for in this Agreement, is void.\nInspire reserves all rights
not expressly granted under this Agreement.\nIf the Mobile Applications is being
acquired on behalf of the United States Government, then the following provision
applies.\nThe Mobile Applications will be deemed to be “commercial computer software”
and “commercial computer software documentation,” respectively, pursuant to DFAR
Section 227.7202 and FAR Section 12.212, as applicable.\nAny use, reproduction,
release, performance, display or disclosure of the Service and the Inspire Products
and any accompanying documentation by the U.S.\nGovernment will be governed solely
by this Agreement and is prohibited except to the extent expressly permitted by
this Agreement.\nThe Mobile Applications originates in the United States, and is
subject to United States export laws and regulations.\nThe Mobile Applications may
not be exported or re-exported to certain countries or those persons or entities
prohibited from receiving exports from the United States.\nIn addition, the Mobile
Applications may be subject to the import and export laws of other countries.\nYou
agree to comply with all United States and foreign laws related to use of the Mobile
Applications, the Service and the Inspire Products.</p> 15.2 Mobile Applications
from Apple App Store <p>The following applies to any Mobile Applications you acquire
from the Apple App Store (“<strong>Apple-Sourced Software</strong>”): You acknowledge
and agree that this Agreement is solely between you and Inspire, not Apple, Inc.\n(“<strong>Apple</strong>”)
and that Apple has no responsibility for the Apple-Sourced Software or content thereof.\nYour
use of the Apple-Sourced Software must comply with the App Store Terms of Service.\nYou
acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the Apple-Sourced Software.\nIn the event of any
failure of the Apple-Sourced Software to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for the Apple-Sourced
Software to you.\nto the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the Apple-Sourced Software,
and any other claims, losses, liabilities, damages, costs or expenses attributable
to any failure to conform to any warranty will be solely governed by this Agreement
and any law applicable to Inspire as provider of the software.\nYou acknowledge
that Apple is not responsible for addressing any claims of you or any third party
relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced
Software, including, but not limited to: (i) product liability claims.\n(ii) any
claim that the Apple-Sourced Software fails to conform to any applicable legal or
regulatory requirement.\nand (iii) claims arising under consumer protection or similar
legislation.\nand all such claims are governed solely by this Agreement and any
law applicable to Inspire as provider of the software.\nYou acknowledge that, in
the event of any third-party claim that the Apple-Sourced Software or your possession
and use of that Apple-Sourced Software infringes that third party’s intellectual
property rights, Inspire, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement
claim to the extent required by this Agreement.\nYou and Inspire acknowledge and
agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this
Agreement as relates to your license of the Apple-Sourced Software, and that, upon
your acceptance of the terms and conditions of this Agreement, Apple will have the
right (and will be deemed to have accepted the right) to enforce this Agreement
as relates to your license of the Apple-Sourced Software against you as a third-party
beneficiary thereof.</p> 16.\nGeneral 16.1 Assignment <p>This Agreement, and any
rights and licenses granted hereunder, may not be transferred or assigned by you,
but may be assigned by Inspire without restriction.\nAny attempted transfer or assignment
in violation hereof shall be null and void.</p> 16.2 Notification Procedures and
Changes to the Agreement <p>Inspire may provide notifications, whether such notifications
are required by law or are for marketing or other business related purposes, to
you via email notice, written or hard copy notice, or through posting of such notice
on our website, as determined by Inspire in our sole discretion and subject to applicable
law.\nInspire reserves the right to determine the form and means of providing notifications
to our Users, provided that you may opt out of certain means of notification as
described in this Agreement.\nInspire is not responsible for any automatic filtering
you or your network provider may apply to email notifications we send to the email
address you provide us.\nInspire may, in its sole discretion, modify or update this
Agreement from time to time, and so you should review this page periodically.\nWhen
we change the Agreement in a material manner, we will update the ‘last modified’
date at the top of this page and notify you that material changes have been made
to the Agreement.\nYour continued use of the Service or the Inspire Products after
any such change constitutes your acceptance of the new Terms of Service.\nIf you
do not agree to any of these terms or any future Terms of Service, do not use or
access (or continue to access) the Service and the Inspire Products.</p> 16.3 Entire
Agreement/Severability <p>This Agreement, together with any amendments and any additional
agreements you may enter into with Inspire in connection with the Service and the
Inspire Products, including but not limited to any Disclosure Statement, shall constitute
the entire agreement between you and Inspire concerning the Service and the Inspire
Products.\nIf any provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and
effect, except that in the event of unenforceability of the universal Class Action/Jury
Trial Waiver, the entire arbitration agreement shall be unenforceable.</p> 16.4
No Waiver <p>No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Inspire’s failure to assert
any right or provision under this Agreement shall not constitute a waiver of such
right or provision.</p> 16.5 Contact <p>Please contact us at membersupport@helloinspire.com
with any questions regarding this Agreement.</p> "
created_at:
-
- &1 2018-12-10 20:48:39.040808311 Z
updated_at:
-
- *1
service_id:
-
- 853