Terms Of Use


Terms of Use

1. These Terms of Use, together with the Privacy Policy and Limited Warranty Statement, (collectively the “Terms”) govern your use of the FenSens, Inc. (“FenSens,” “we,” or “us”) website FenSens.com and any subdomains thereof (the “Website”), your FenSens product (“Product”), including the software in the product (“Product Software”), and any software applications that can be downloaded via your devices (“Mobile Apps”) (collectively the “Offerings”). By using the Offerings you are consenting to these Terms. The term “you” or “your” as used in these Terms means any person or entity who accesses the Website, creates an Account or utilizes the Products, including Owners and Authorized Users as defined below.

As described below, the Offerings may incorporate certain features allowing for software and other Updates to be implemented in the future. To the extent such Updates are added to, or enabled for the Products, including automatic software Updates, they will automatically become part of the Offerings and will be subject to these Terms.

We may periodically modify these Terms. If we make significant changes to the Terms we will notify you via the Offerings (e.g., by providing notice via our Mobile Apps or email) indicating that the Terms have been changed. By continuing to use the Offerings you are consenting to the revised Terms. If you do not agree with the modifications, you must cease using the Offerings.

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

2. ELIGIBILITY AND ACCOUNTS.

The Products and Offerings are intended solely for users who are legally permitted to operate a motor vehicle. Any registration, use of the Products or access to the Offerings by anyone who is not so permitted is strictly prohibited and in violation of these Terms. By using the Products and Offerings, you represent to us that you are legally permitted to operate a motor vehicle.

In order to use the Products and certain portions of the Offerings, you must have a FenSens Account (“Account”), or be an Authorized User (as defined below) of an Account Owner. If you are under the age of 18, you must have your parent or guardian create an account for you. By creating an Account, you represent and warrant that you are 18 years of age or older and are legally competent to enter into and agree to these Terms. If you are creating an Account for your child or custodial charge (“Minor”) you represent and warrant that such Minor is legally permitted to operate the motor vehicle with which he/she will use the Products and Offerings, that you and such Minor understands these Terms and that you agree to ensure your Minor’s compliance with them. You agree that you are liable for any violations of these Terms by such Minor.

To create an Account, you will use your email address and will be required to create a password. You must provide us with accurate, complete and updated registration information about yourself and the Minor for which you are creating an Account (if applicable). You may not use an email address that you do not have the right to use, or another person’s name with the intent to impersonate that person. The individual who creates the FenSens Account is the “Owner.” If an Owner discloses their log-in credentials to another person that individual is authorized by the Owner to utilize the Product and Offerings under that Owner’s Account. Such individual is an “Authorized User.” You (as the Owner of the Account) (i) will inform each Authorized User of these Terms, and (ii) represent and warrant that each such Authorized User understands these Terms and that you agree to ensure each such Authorized User’s compliance with these Terms. You (as the Owner of an Account) are responsible for all actions taken by Minors and Authorized Users and any other third parties related to your Account, including any violations of these Terms by such Minors, Authorized Users and third parties.

Accordingly, you must protect the security of your Account and your password and only share these credentials with individuals that you trust to have such access.

3. PRODUCTS AND PRODUCT SOFTWARE

A. Safety. To ensure proper performance of your Product and to best avoid injury or damage, ensure your Product is installed properly in accordance with the installation guides included with your Product or available on the Website or Product Software and read and follow the information and warnings in the safety-related material included with your Product or available on the Website or Product Software.

B. Product Software License. Subject to and in accordance with these Terms, FenSens grants to you a nonexclusive, limited, non-transferable license (without the right of sublicense), for your personal, non-commercial use (unless otherwise agreed in a separate agreement between you and FenSens) to (a) execute one copy of the Product Software and any Updates thereto, in executable object code form only, solely on the Product that you own or control, or are authorized to use and control, and solely for purposes of using the Products, and (b) execute one copy of each of the Mobile Apps and any Updates thereto, per device utilized by you to operate the Product in executable object code form only, solely on the device that you own or control, or are authorized to use and control, and solely for the purpose of operating the Product.

C. Wireless Services. The Products utilize wireless services that may incur extra costs. Such costs are governed by the terms of a separate agreement between you and your selected wireless service provider.

D. Resale. Purchases of Products are intended for end users only and are not authorized for resale.

E. Limited Warranty. The Limited Warranty Statement for FenSens Products is available here. 

4. MOBILE APPS.

If you install and access a Mobile App that was downloaded from an app store or app distribution platform, such as the Apple App Store® or Google Play™, (the “App Provider”), you acknowledge and agree that:

  • The Terms are concluded between you and FenSens only, and not with the App Provider, and that we, not the App Provider, are responsible for the Mobile Apps;
  • The Mobile Apps are licensed to you on a limited, non-exclusive, non-transferable basis, and without the right to sublicense, solely to be used in connection with the Offerings for your personal, non-commercial use unless otherwise agreed to in a separate agreement between you and FenSens;
  • You will only use the Mobile Apps in connection with a device that you own or control;
  • You acknowledge and agree that the App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
  • In the event of any failure of the Mobile Apps to conform to any applicable warranty, including those implied by law, you may notify the App Provider of such failure; upon notification, the App Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile App;
  • You acknowledge and agree that FenSens, and not the App Provider, is responsible for addressing any claims you or any third party may have in relation to the Mobile Apps including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
  • You acknowledge and agree that, in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringe that third party’s intellectual property rights, FenSens, and not the App Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by these Terms;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and FenSens acknowledge and agree that, in your use of the Mobile Apps, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  • Both you and FenSens acknowledge and agree that the App Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

5. LIMITATIONS OF OFFERINGS.

A. Reliability and Availability. Our aim is that our Offerings are reliable and available, but you acknowledge and agree that they are not intended to be 100% reliable or 100% available. The Mobile App, including the availability of video and alerts, may be subject to interruptions and failures for a variety of reasons that are beyond our control, including your mobile device, your mobile device carrier, the intermittency of your wireless connection and service provider uptime, etc. You acknowledge these limitations and agree that FenSens is not responsible for any damages caused by failure or delay of the Offerings.

B. Product Requirements. You acknowledge that our Offerings may not work as described when the compatibility requirements have not been met. FenSens is not responsible for any losses or damages caused by installation and use of the Offerings that do not meet our compatibility specifications available here.

6. AUTOMATIC SOFTWARE UPDATES.

FenSens may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Offerings (“Updates”). Some of these Updates may be provided to you through automatic software updates. You consent to these automatic Updates and acknowledge that you may be required to install Updates to continue to use the Offerings. To the extent any Updates involve changes to these Terms, you may be required to agree to a revised version of these Terms to use such Updates. Cellular data charges may apply to Updates. 

You and your Authorized Users agree to use the Offerings only in a manner that complies with all laws. You and your Authorized Users may not data mine, scrape, crawl, or use any robot or other automatic device, script, technology or process that sends automated queries to the Website, or uses other similar methods or tools, to gather or extract Content (as defined below) from the Offerings. In addition, you and your Authorized Users may not use the Offerings to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You and your Authorized Users may not link to the Website or any portion of the Offerings or Mobile Apps (including linking to a specific portion of the Offerings or framing Content in any way) and you and your Authorized Users may not employ script searches or search results from the Website in a manner that results in the display of any Content on a third party website or elsewhere.

You and your Authorized Users may not modify the manner in which the Offerings are displayed or function, including framing, scraping or any other technique that would alter the display of the Website or the visual display of the Mobile Apps or Offerings, including the Content. You and your Authorized Users may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Website or the Mobile Apps or the proper operation and usage of the Offerings by any other users or third parties. A violation of any of the foregoing is grounds for termination of your and your Authorized Users’ rights to use or access the Offerings.

7. OPEN SOURCE SOFTWARE.

Certain items of software included with the Product Software and Mobile Apps are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, FenSens makes such Open Source Software, and FenSens’s modifications to that Open Source Software, available here.

8. LINKS TO THIRD-PARTY SITES AND MOBILE APPLICATIONS.

We may make available a link to a third-party’s website and other mobile applications via the Offerings. These links will let you leave the Website or the Mobile Apps. The linked sites and applications are not under our control, and we are not responsible for the contents of any linked site or application, or any link contained in a linked site or application, or any changes or updates to such sites and applications. We are not responsible for webcasting or any other form of transmission received from any linked site or application. We provide the links to you only as a convenience. We do not endorse any such site or application or its use or contents.

9. UNSOLICITED SUBMISSIONS.

We are pleased to hear from our customers and welcome your comments regarding our Offerings. We request that you be specific in your comments. If you or your Authorized Users send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the Website (collectively, “Submissions”), you and your Authorized Users (as applicable) grant to FenSens a non-exclusive, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise exploit the Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

10. DMCA POLICY.

FenSens respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, FenSens has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Offerings who are repeat infringers. FenSens may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website or Offerings infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to FenSens’s designated copyright agent at FenSens, Inc., Attention: Legal , 383 E. Laurel Rd. Bellingham, WA 98226: 

  • The date of your notification;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Counter-Notices. If you believe that your content that has been removed from the Website or Offerings is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website or Offerings, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  • Your physical or electronic signature;
  • A description of the content that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which FenSens is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the FenSens copyright agent, FenSens may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in FenSens’s discretion) be reinstated on the Website and Offerings in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

11. INTELLECTUAL PROPERTY AND CONTENT.

The Offerings, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein (excluding any Submissions), and the arrangement thereof, including the FenSens company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, “Content”), and all intellectual property and proprietary rights related thereto, are as between you, your Authorized Users and us the sole property of FenSens. All rights in Content not expressly granted in these Terms are reserved by FenSens.

Without the prior written consent of FenSens, you and your Authorized Users shall not (i) use any FenSens name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other “hidden text” utilizing any FenSens name or branding element, (iii) use the FenSens domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Offerings for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.

12. MISCELLANEOUS TERMS.

The miscellaneous terms and conditions contained below apply to you to the extent you or your Authorized Users access or use any portion of the Offerings.

A. Electronic Communications. You are communicating with FenSens electronically when you use the Offerings or send an email to FenSens. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

B. Notifications. In addition to sending notifications to you through the Mobile Apps, FenSens may also provide notifications to you as required by law or for marketing or other purposes via (at FenSens’s option) email to the primary email associated with your FenSens account, hard copy, or posting of such notice on the FenSens website. FenSens is not responsible for any automatic filtering you or your network provider may apply to email notifications. FenSens recommends that you add @FenSens.com URLs to your email address book to help ensure you receive email notifications from FenSens.

C. Compliance with Laws. The Products have been designed, marketed, and sold for use by residents of the United States only. All safety warnings, information, instructions, packaging, in-box materials, Mobile Apps, and support services are provided only in English. The Products should not be used outside of the United States. You are responsible for ensuring that use of the Product is in compliance with all applicable laws and regulations. There may be laws or regulations in the jurisdiction in which you install a particular Product applicable to where and how to install that Product. You acknowledge that you, not FenSens, are responsible for ensuring your compliance with all applicable laws and regulations in your jurisdiction. FenSens is not responsible for any injury or other damage caused by installation of the Product or your failure to comply with such laws or regulations. We are not liable or responsible if you violate any such law or regulation.

D. Warranty Disclaimer (Website, Mobile Apps and Content). ANY USE OF THE WEBSITE, MOBILE APPS OR CONTENT, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR AND YOUR AUTHORIZED USERS’ SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE, MOBILE APPS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AND YOUR AUTHORIZED USERS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU AND YOUR AUTHORIZED USERS HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

E. Limitation of Liability (Website, Mobile Apps and Content). IN NO EVENT SHALL FENSENS OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “FENSENS PARTIES”) BE LIABLE TO YOU OR ANY USER IN CONNECTION WITH THE WEBSITE, MOBILE APPS OR CONTENT FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH FENSENS PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 THE FENSENS PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE WEBSITE, CONTENT AND MOBILE APPS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (B) $100.

The foregoing limitations apply, even if the remedy fails of its essential purpose.

Please refer to the limited warranty statement for details on the warranty and limitation of liability for the product.

1. Indemnification. You agree to defend and indemnify the FenSens Parties from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of your or your Authorized Users’ breach of these Terms and any use of the Offerings other than as expressly permitted in these Terms. The foregoing indemnity obligations will survive any termination of the Terms or your or your Authorized Users’ use of the Offerings. FenSens may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of FenSens.

2. Termination and Suspension. We may terminate these Terms, or terminate, suspend or restrict your and your Authorized Users’ access to the Offerings, in the event that you or your Authorized Users violate any of the Terms. Upon termination or suspension, your and your Authorized Users’ right to access the Website and use the Offerings will immediately cease. We may discontinue, temporarily or permanently, all or part of the Offerings with or without notice. If your or your Authorized Users’ access to the Offerings is suspended or terminated by us you and they agree that you and they will not attempt to access the Offerings by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.

3. Violations and Complaints. Without limiting FenSens’s rights or remedies under these Terms or at law or in equity, FenSens may investigate complaints related to your use of the Offerings and alleged violations of these Terms and take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations. You and your Authorized Users agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you and they consent to injunctive or other equitable relief for such violations.

4. General. You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect and remain fully enforceable. FenSens shall not be liable to you for a failure or delay in its performance of any of its obligations under these Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond FenSens’s reasonable control. Except as expressly stated herein, the Terms constitute the entire agreement between you and FenSens with respect to the Offerings, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreements, whether electronic, oral or written, between you and FenSens with respect to the Offerings or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and FenSens. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.

5. Governing Law and Arbitration; No Class Actions. These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the State of California regardless of your country of origin or where you access the Offerings. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE OFFERINGS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for FenSens’s right to seek injunctive relief as set forth below.

If you do not want to arbitrate disputes with FenSens and you are an individual, you may opt out of this arbitration agreement by sending an email to info@FenSens.com within 30 days of the day you first access or use the Offerings.

If you intend to seek arbitration you must first send written notice to FenSens’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to FenSens should be sent by any of the following means: (i) electronic mail to info@FenSens.com; or (ii) sending the Notice by U.S. Postal Service certified mail to FenSens, Inc., Attention: Legal, 383 E. Laurel Rd. Bellingham, WA 98226 The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or FenSens may elect to have the dispute resolved through non-appearance-based arbitration.

To the fullest extent permitted by applicable law, YOU AND FENSENS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND FENSENS EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and FenSens agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in San Mateo County, California, and you and FenSens each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that FenSens shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  1. Notice and Contact. Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address:

 

FenSens, Inc.

Attention: Legal

383 E. Laurel Rd

Bellingham, WA 98226

If you would like to contact FenSens customer support, please call us at 360-920-1637 or contact us via email at info@FenSens.com.

If you are a California resident, 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 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Last modified on May 1, 2017.