Arbitration notice: except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and shortcut labs will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Shortcut Labs Products shall mean the Shortcut Labs hardware products, the Shortcut Labs service, or any applications (including mobile applications) made available by Shortcut Labs.
Product Failure shall mean any sort of error or failure that results in Shortcut Labs Products not working as intended or as expected.
Service shall mean the Shortcut Labs service, or any applications (including mobile applications) made available by Shortcut Labs.
2. Basic Terms
2.1 You are responsible for keeping your password secret and secure.
2.2 You may not use Shortcut Labs Products for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Shortcut Labs Products.
2.4 We reserve the right to modify or terminate the Shortcut Labs service, or any applications (including mobile applications) or your access to the Shortcut Labs service for any reason, without notice, at any time, and without liability to you.
2.7 We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.8 We reserve the right to force forfeiture of any username for any reason.
3. Disclaimer of Warranties
3.1 The Service is provided on an "as is", "as available" and "with all faults" basis. to the fullest extent permissible by law, neither Shortcut Labs nor any of their employees, managers, officers or agents (collectively, the "Shortcut Labs parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to the service.
3.2 The Shortcut Labs parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.
4. Product Usage and Indemnity
4.1 Shortcut Labs is not responsible for how you use Shortcut Labs Products, how this might affect you, and the risks that you are exposed to due to the usage of Shortcut Labs Products, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected to your use of Shortcut Labs Products.
4.2 You acknowledge and agrees that Shortcut Labs Products and Service are not manufactured, designed or authorized for use and shall not be used, sold for use, or incorporated into modules for use in any medical application or life support or safety equipment or any application where performance of the product (either by itself or in conjunction with other components) can result in personal injury or death. Any use or sale or incorporation into modules of Shortcut Labs products shall be fully at your own risk.
4.3 You agree to NOT use Shortcut Labs Products where Product Failure might lead to personal injuries, deaths, damage to or destruction of tangible property, or where Product Failure risks your or anyone else’s personal health in any way.
4.4 You confirm that you are aware of and understand that Shortcut Labs Products will NOT function at all times and that Product Failure will occasionally occur. (For example, you confirm that you understand that using the Flic button will not always trigger your desired action or functionality.) This includes, but does not limited to, use of Shortcut Labs products in relation to health or safety.
4.5 Shortcut Labs strongly advise you to always verify that the use of Shortcut Labs Products gives you the expected results.
4.6 You shall indemnify and hold harmless Shortcut Labs and any of its employees, directors, officers or agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees), which are caused by, are related to, or arise out of usage of Shortcut Labs Products, claims of Shortcut Labs Products liability or similar claim regarding the marketing, manufacturing, performance or design of Shortcut Labs Products, including, but not limited to, any failure or alleged failure to warn of a hazard, defect, or alleged hazard or alleged defect of a Product, which results in personal injury, including death, or damage to or destruction of tangible personal property. You will cooperate as fully required by Shortcut Labs in the defense of any claim. Shortcut Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Shortcut Labs.
5. Limitation of Liability; Waiver
5.1 Under no circumstances will the Shortcut Labs parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) your use of, inability to use, or the performance of the Service or Shortcut Labs Products; (c) any action taken in connection with an investigation by the Shortcut Labs parties or law enforcement authorities regarding your or any other party's use of the service; (d) any action taken in connection with copyright or other intellectual property owners; (e) any errors or omissions in the service's operation; or (f) Product Failure. In no event will the Shortcut Labs parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the Shortcut Labs parties total liability to you for all damages, losses or causes or action exceed one hundred united states dollars ($100.00).
6. Governing Law and Arbitration
6.3 Any arbitration award shall be final and binding and may, if necessary, be enforced by any court or authority having jurisdiction. The arbitration award and the arbitration proceedings shall be governed by confidentiality.