Welcome to Tevano Systems, Inc. (“Tevano Systems,” “we” and “us”). Please continue reading to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the products made available through our website(s) (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process.

Please note that the Services and/or a Product are currently only available to U.S. and Canadian citizens or permanent residents age 18 and older. You may not use the Services if you are under the age of 18 or not a U.S. or Canadian citizen or permanent resident.

Please also note that the Services and/or a Product may only be permitted by the United States Food and Drug Administration (“FDA”) or Health Canada to be commercialized for detection of elevated body temperature during the COVID-19 health crisis, and Tevano Systems makes no representation otherwise or that Tevano System will obtain FDA or Health Canada clearance of the Services and/or a Product to extend its use beyond that time.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@tevano.com

Phone: (855) 997-0787

Address: 1303 – 1030 W. Georgia St, Vancouver, BC V6E-2Y3

These Terms of Use (the “Terms”) are a binding contract between you and Tevano Systems.
Your use of the Services and/or Products in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services and/or Products. These Terms include the provisions in this document as well as those in the Privacy Policy and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you.  These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, resolution of disputes by arbitration instead of in court and a consent and written release for collection, use, disclosure and storage of biometric information. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever Change?

We are constantly trying to improve our Products and Services, so these Terms may change from time to time along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://tevano.com, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my Privacy?

For the current Tevano Systems Privacy Policy, please click here. 

In any event, by using this site, you consent to the collection, use, and disclosure of the personal information that is collected by or through this site, as described in the Tevano Systems Privacy Policy.  In particular, and without limitation:

·        When you register for access to certain information, products and services on our site, we may collect personal information such as your name, email address, location, mailing address, and telephone number, for the purposes of responding to your enquiries and providing you with information and services that you have requested or signed-up to receive;

·        Cookies and other technologies are used by the site to collect usage and device information (including IP addresses), for the purposes of enhancing user experience, analyzing site performance and traffic, and potentially for behavioural advertising purposes;

·        We may share the information described above with our affiliates for marketing purposes, and our service providers for the purposes of providing maintenance and other services related to the site. We may also share the information collected via cookies and other online tracking technologies with our social media, marketing and analytics business partners. We may also disclose your information as required or permitted by applicable law, including in the event of a business transaction or legal/regulatory requirement;

·        Although we have implemented reasonable administrative, technical and physical measures in an effort to safeguard personal information, the transmission of information via the internet is not completely secure. Accordingly, we cannot guarantee that personal information you transmit using our Website will be totally secure;

·        Personal information collected via the Website may be transferred in Canada or the United States, and may be stored in the United States, Canada, or both jurisdictions. Personal information that is transferred outside the country where you are located will be subject to the laws of the recipient jurisdiction(s) and may be disclosed to or accessed by foreign courts (or related parties), law enforcement and governmental authorities in accordance with those laws.

Geographic Restrictions

The Services are based in the United States and Canada and provide for access and use only by persons located in the United States and/or Canada. You are not permitted to access or use the Services outside of the United States and/or Canada. If you access the Services outside of the United States and/or Canada, you are responsible for compliance with local laws.

Children’s Online Privacy Protection Act

In the United States, the Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age.

IN ANY EVENT, If you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services OR PRODUCTS or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@tevano.com.

What are the basics of using Tevano Systems?

You may be required to sign up for an account, select a password and user name (“Tevano Systems User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Tevano Systems User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.

You will not share your Tevano Systems User ID, account or password with anyone, and you must protect the security of your Tevano Systems User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Tevano Systems User ID and account.

No Medical Advice; Not for Emergencies

You understand that any decisions made by you or a third party as a result of your use of the Services, for example allowing or denying you access to facilities, are made by you or that third party and not by Tevano Systems. TEVANO SYSTEMS DISCLAIMS ALL RESPONSIBILITY FOR SUCH DECISIONS AND THE CONSEQUENCES THEY MAY HAVE ON YOU.

Tevano Systems does not offer medical advice or diagnoses, or engage in the practice of medicine. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice. The Services are not meant to diagnose or treat COVID-19 or any other any conditions – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by Tevano Systems or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. TEVANO SYSTEMS DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, THE ACCURACY OF THE RESULT OF USING THE SERVICES AND DOES NOT GUARANTEE THAT YOU ARE SAFE FROM INFECTION OR ANY OTHER MEDICAL CONDITION BY USING THE SERVICES OR VISITING FACILITIES THAT USE THE SERVICES.

THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR MEDICAL ASSISTANCE OR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST HOSPITAL OR EMERGENCY ROOM OR DIAL 911 OR APPLICABLE EMERGENCY TELEPHONE NUMBER IN YOUR LOCAL JURISDICTION. NEITHER TEVANO SYSTEMS NOR ITS PERSONNEL ARE LICENSED HEALTH CARE PROFESSIONALS.

What about Messaging?

As part of the Services, you may receive communications through the Services, including messages that Tevano Systems sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Are there Restrictions in how I can use the Services?

You hereby represent, warrant, and agree that you will not contribute, or cause any other person to contribute, any Content (as defined below) or otherwise use the Services or interact with the Services in a manner that:

• (a) infringes or violates the intellectual property rights or any other rights of anyone else (including Tevano Systems);
• (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Tevano Systems;
• (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• (d) jeopardizes the security of your Tevano Systems User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• (e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
• (f) violates the security of any computer network, or cracks any passwords or security encryption codes;
• (g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• (h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• (i) copies or stores any significant portion of the Content;
• (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services; or
• (k) creates derivative works from the Products or Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Tevano Systems’) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Tevano Systems owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Tevano Systems. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Tevano Systems is not responsible for such risks.

Tevano Systems has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Tevano Systems will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Tevano Systems is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Tevano Systems, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party”.

Will Tevano Systems ever change the Services?

We are always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What if I want to stop using the Services?

You are free to do that at any time by contacting us at support@tevano.com; please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Services.

Tevano Systems is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Tevano Systems has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support@tevano.com. We will try to help, but unfortunately, we cannot promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Software License

Applicability. At least in some instances, Tevano Systems’ Products will also include Software (as such term is defined in this Part).  Where such instances arise, the following terms in this Part, in addition to other applicable terms in this Terms of Use, will apply.

CAREFULLY READ THE FOLLOWING LICENSE. YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS PART BY ACCEPTING THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS PART, DO NOT ACCEPT THESE TERMS OF USE AND THE SOFTWARE ACCESS WILL BE PROHIBITED.

Definitions. Whenever used in this Part, the following terms shall have the meaning set out below:

·        “Authorized Users” shall mean any person authorized to use the Product and Software.

·        “Confidential Information” means any and all information intended to be confidential, including but not limited to, all Data, Software, code, trade secrets, know-how, processes, methodologies, samples, components, analyses, compilations, and other information or documents prepared by Tevano Systems, its subsidiaries and affiliates and/or their officers, servants, agents, representatives, employees, consultants, or advisors which contain, are associated with, are otherwise generated from, or reflect any proprietary information belonging to Tevano Systems, whether or not covered by intellectual property rights or explicitly designated as confidential or proprietary, and which is disclosed by any means in written, oral, electronic, or any other form.

·        “Data” means any documentation or other information provided to you, as the licensee, in relation with the Product.

·        “Purpose” means the use of the Software and the Data solely for the operation and maintenance of the Product.

·        “Software” means the software, in object code only, embedded in or bundled with the Product or required to operate the Product.

·        “Work” means any images created by the Products which may have the option to be save or reproduced by the Licensee.

License. In consideration of your agreement and compliance with the terms and conditions of this Part, Tevano Systems grants to Licensee a personal, non-exclusive, non-transferable license to use the Software and Data exclusively with the Products and associated devices.  Other than what is granted by license in this Part, no additional intellectual property rights, express or implied, are granted in and to the Software and Data. For clarification, you agree that the source code for the Software is a trade secret of Tevano Systems and only Tevano Systems shall have the right to alter, maintain, enhance or otherwise modify the Software.  Without limiting the foregoing or any other terms in this license or other restrictions outlined in these Terms of Use, you shall, and shall cause other Authorized Users associated or affiliated with you to:

·        not copy, in any manner, ghost, export or produce any derivative works from the Products, Data, or Software, or any part thereof, without the prior written consent of Tevano Systems;

·        not sell, attempt to sell or transfer, sublicense, transfer, assign, set over, or encumber the Software or Data in any manner;

·        not modify the Products in any way, combine with other programs, or reverse engineer, screen scratch, decompile or disassemble any Software nor otherwise attempt to create or derive the source code related thereto;

·        circumvent any technological security measures, not use the Product or Software without the key, if provided with the Product or software, or attempt to develop or develop any means or technology which would enable Licensee to bypass any technological security measures to operate the Product or Software;

·        not deface or remove any intellectual property notices including copyright and trademark notices;

·        not incorporate the Product, in whole or in part, to any product or service that Licensee would be made available to a third party, on a commercial basis or not.

In no event shall you use the Product or Confidential Information to enable, support, or otherwise aid yourself or a third party to develop product, software or service that competes with any Products or Software. Tevano Systems also reserves the right to embed a software security mechanism within the Product to monitor usage of the Product to ensure that you remain compliant with the terms of this Part.  You further hereby recognize that the Work and any and all rights, title and interests therein and thereto belong to Tevano Systems, and that you have no rights, title or interests therein or thereto except as otherwise provided in this Part.  Unless authorized by Tevano System in writing, you have no right to and shall not modify any such Works in any way whatsoever.

Data Collection. Subject to applicable laws according to where (geographically) any Data may be collected, you hereby agree that Tevano Systems may collect and use technical data and related information (“Collected Data”), including but not limited to technical information about the Products that is gathered periodically to facilitate the provision of Software updates.  Such Collected Data shall not personally identify any individual users. In the event that you wish to opt-out of permitting Tevano Systems from accessing the Collected Data, you must inform Tevano Systems in writing of this desire.  You hereby agree that any Collected Data may be used by Tevano Systems, at its sole discretion, for any purpose that it deems appropriate in association with Tevano Systems’ business.

Termination. The license granted under this Part is effective as of the date that you accept the terms of this Part, and shall remain in effect until terminated in accordance with the terms of this Part.  Tevano Systems may terminate this license immediately, upon written notice, in the event that you (a) attempt to, directly or indirectly, assign, set over, or transfer any of the rights granted to it pursuant to this license without Tevano System’s prior written consent, which consent may be unilaterally withheld, (b) disclose, in whole or in part, any Confidential Information, (c) use the Software otherwise than as authorized under the license, or (d) breach of your obligations to protect the intellectual property contained in the Product, Software, and Data.  Upon termination of this license, you shall immediately discontinue use of the Confidential Information and the Product (including the Software and Data), and to return same, as well as any copies thereof, to Tevano Systems or confirm in writing that the same, as well any copies thereof, have been irretrievably destroyed.

Non-Disclosure. You agree to keep all Confidential Information obtained under this Part confidential, and shall only disclose same if required to be disclosed by applicable law, and only to the extent of such disclosure and limited to the purpose requested, with prior written notice to Tevano Systems to permit it to seek an appropriate remedy to prevent the disclosure.  You agree to be responsible for enforcing the terms of this paragraph and to make best efforts to cause anyone having access to the Confidential Information to comply with the terms and conditions set forth herein. You shall be responsible and indemnify, defend and hold harmless Tevano Systems for any default caused by any such persons. You also acknowledge that a breach of confidentiality in the Software and Data would cause serious and irreparable harm to Tevano Systems which may not be adequately compensated for in monetary damages. In such instances, Tevano Systems may exercise any action or remedy available to it under applicable law to mitigate the serious and irreparable harm suffered by it.

Disclaimer of Warranty. Please see the “disclaimer of warranty” provisions in the Limited Warranty (defined hereinafter), which govern equally under this Part.

Limitations and Exclusions of Liability. Please see the “limitations and exclusions of liability” provisions in the Limited Warranty, which govern equally under this Part.

Dispute Resolution Terms for Customers and Users located in the United States.

Applicability. This Part only applies to customers and users of the Services and/or Products who are domiciled or reside in the United States of America, or who access the site from the United States of America, including any and all territories thereof.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Nevada, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Tevano Systems and limits the manner in which you can seek relief from Tevano Systems. Both you and Tevano Systems acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Tevano Systems’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel 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. You hereby acknowledge and agree that both you and Tevano Systems will seek to resolve any issue, dispute or controversy arising out of or relating to the subject matter of these Terms in accordance with the following procedures:

• (a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Clark County, Nevada. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
• (b) Costs of Arbitration. The Rules will govern payment of all arbitration fees.
• (c) Infringement. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• (d) Waiver of Jury Trial. YOU AND TEVANO SYSTEMS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Tevano Systems are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Tevano Systems over whether to vacate or enforce an arbitration award, YOU AND TEVANO SYSTEMS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
• (e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Tevano Systems is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
• (f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1303-1030 W. Georgia St., Vancouver, British Columbia, V6E 2Y3 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
• (g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Tevano Systems to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Tevano Systems agree that any judicial proceeding will be brought in the state or federal courts located in, respectively, Clark County, Nevada, or the federal district in which that county falls.
• (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Tevano Systems.

Dispute Resolution Terms for Customers and Users located in Canada.

Applicability. This Part only applies to customers and users of the Services and/or Products who are domiciled or reside in Canada, or who access the site from Canada, including any and all territories thereof.

Choice of Law. These Terms are governed by and will be construed under the laws of the Province of British Columbia and the federal laws of Canada applicable in that Province.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Tevano Systems and limits the manner in which you can seek relief from Tevano Systems. Both you and Tevano Systems acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Tevano Systems’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel 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.

• (a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Vancouver, British Columbia. The arbitration will proceed in the English language, in accordance with the Rules and Procedures of the British Columbia International Commercial Arbitration Centre (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of qualified arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
• (b) Costs of Arbitration. The Rules will govern payment of all arbitration fees.
• (c) Infringement. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• (e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Tevano Systems is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (f) below.
• (f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1303-1030 W. Georgia St., Vancouver, British Columbia, V6E 2Y3 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
• (g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Tevano Systems to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Tevano Systems agree that any judicial proceeding will be brought in the provincial or federal courts located in Vancouver, British Columbia.
• (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Tevano Systems.

Language/Langue. The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

What else do I need to know?

Limited Warranty. Specific Product purchased from Tevano Systems is subject to the Tevano 1-Year Limited Hardware Warranty available here (the “Limited Warranty”).

Trademarks. “TEVANO” is a trademark of Tevano Systems.  Unless indicated otherwise, marks, graphics, typefaces, trademarks, and logos appearing on this site are trademarks and trade dress of Tevano Systems.    Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Warranty Disclaimer. Except to the extent expressly and directly in conflict with the terms set forth in the Limited Warranty, Tevano Systems and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Tevano Systems and all such parties together, the “Tevano Systems Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Tevano Systems Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Tevano Systems Parties make no representations or warranties regarding the accuracy of the result of the Services or the safety of any facilities that use the Services. EXCEPT TO THE EXTENT EXPRESSLY AND DIRECTLY IN CONFLICT WITH THE TERMS SET FORTH IN THE LIMITED WARRANTY, THE SERVICES AND CONTENT ARE PROVIDED BY TEVANO SYSTEMS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE TEVANO SYSTEMS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO TEVANO SYSTEMS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Tevano Systems Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Tevano Systems’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Tevano Systems may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Tevano Systems agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Tevano Systems, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Tevano Systems, and you do not have any authority of any kind to bind Tevano Systems in any respect whatsoever.

You and Tevano Systems agree there are no third-party beneficiaries intended under these Terms.

Consent and Written Release for Collection, Use, Disclosure and Storage of Biometric Information

You can request deletion of any biometric information and associated user account information at any time by emailing us at support@tevano.com. If you request deletion of your biometric information we will not be able to recover it at a later point. In any event, if you are an Illinois resident, we will permanently delete your biometric information by the earlier of: (i) the time at which the purpose for which we collected it has been satisfied; or (ii) three years after your last interaction with the Services.

By clicking “Accept” below and providing Tevano Systems with your biometric information, you consent and provide a written release to Tevano Systems’ collection, storage, retention, use and disclosure of your biometric information and identifiers to verify your identity, operate, administer and provide you with the Services (including to manage your account), comply with legal obligations and otherwise meeting or fulfilling the reason you provided the information to us, in each case as further described in our Privacy Policy. You also accept the Terms of Use as set forth herein.