Conserv Terms of Service
Last updated: April 12, 2019
This is an Agreement (the “Agreement”) between you (“you” or
the “Subscriber”) and Conserv Solutions, Inc. (“we” or “Conserv”). In
this Agreement, “System” means the products you have purchased, leased, or licensed from
Conserv; “Services” mean the services you have selected to receive from Conserv, including the
Application, defined as the software or subscription services that may be accessed on your computer,
smartphone, tablet or other connected device (or any related or connected third-party mobile devices or
product peripherals that control or connect to any of the foregoing) to access Services remotely and the
customer support Services provided by Conserv in support of any of the foregoing; “Premises”
means the premises at which the System is located. The term “you,” as used in this Agreement,
means any person or entity who accesses or uses the Services and any person or entity who creates an account
and accepts this Agreement and accesses or uses the Services, including any person granted access to the
Services by you.
Please read these terms and conditions carefully. These are the terms and conditions
under which we are willing to provide you the Services. This Agreement contains important disclaimers,
limitations of liability and indemnity obligations applicable to the Services and contains important
provisions concerning the resolution of any disputes that may arise in connection with this Agreement or the
Services. By using any of the Services, you agree that you have read this Agreement and are legally bound by
this Agreement, including the disclaimers, limitations of liability and indemnity obligations below. The
- Services, Eligibility, and Your Account.
- Conserv will provide you the Services subject to the terms of this
- Only individuals age 18 and older are permitted to subscribe for the Services
and register for an Account.
- To use the Services, you must register for an account (“Account”)
and provide certain information about yourself as prompted by the registration form. All information
are entirely responsible for maintaining the confidentiality of your Account login information and for
all activities that occur under your Account. You agree to use “strong” passwords (passwords
that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to
maintain your password securely to prevent others from gaining access without your permission. You agree
to immediately notify Conserv of any unauthorized use, or suspected unauthorized use, of your Account or
any other breach of security. Conserv is not liable for any loss or damage arising from your failure to
comply with the above requirements.
- If you contact Conserv’s customer service, you hereby consent to the
means by which such contact was initiated. You similarly consent to Conserv contacting you through any
of the means that Conserv makes available utilizing the contact information identified in your Account.
This may include one-way or two-way video-enabled customer service communication methods, whether made
available via your mobile device, through the Application or any other mobile or web interface now
existing or later developed. Except as otherwise expressly agreed by you under a separate services
agreement, Conserv will not charge you any additional fees to deliver, or for you to receive, such
customer support Services; however, your wireless service provider may charge a fee for air-time or data
usage associated therewith. Check with your wireless carrier if you have questions about your wireless
- Term and Termination. The term of this Agreement will
continue until this Agreement is terminated pursuant to this section. Conserv or Subscriber may
terminate this Agreement for any reason or no reason following notice sent to the other as set forth in
this section. Subscriber shall provide notice of termination to Conserv by (1) regular mail, postage
prepaid, or overnight delivery, by a reputable, national overnight delivery service, to Conserv’s
then current principal place of business or (2) calling Conserv Customer Support at 205-222-2847 and following the instructions provided. Such
notice by Subscriber shall be effective upon Conserv’s receipt thereof. Conserv shall provide
notice of termination to Subscriber by email sent
to the email address on file with Conserv for your current online account. Conserv’s termination
shall be effective when Conserv sends the email notice. If you do not provide Conserv an email address, then Conserv may send you written notice of the termination by regular mail,
postage prepaid and any such notice shall be
effective upon four (4) days following the day on which Conserv sent the notice. Upon termination of the
Agreement, Conserv shall have no further obligation to Subscriber and Subscriber shall have no further
obligation to Conserv other than (i) the obligation respecting the payment of any monies due to Conserv
for services rendered; and (ii) the obligations set forth in Sections 3-8,
inclusive, 12-17, inclusive, and 19-32, inclusive. Notwithstanding the
foregoing, Conserv shall refund any unearned service charges with respect to any full calendar month
following any termination. Conserv shall not refund any unearned service charges with respect to any
partial calendar month following any termination. There are no termination
- Payment for Services. Subscriber shall pay Conserv the
periodic service charge in advance. You authorize Conserv to charge your credit/debit card for the
periodic (e.g., monthly, quarterly or annually) service charge when due. If charges are declined,
Conserv shall resubmit the charges for approval and notify you of the declined charges by e-mail while
continuing to provide Services for ten (10) days. If the charges are not approved and you do not make
payment, Conserv may, in its sole discretion, discontinue services without notice at or after the end of
the ten (10) day period. If Subscriber otherwise does not pay any charges when due, Conserv may, in its
sole discretion, terminate this Agreement and/or discontinue services without notice.
- INSURANCE. CONSERV’S SERVICE CHARGES ARE BASED
SOLELY ON THE VALUE OF SERVICES PROVIDED AND ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE
OF PROPERTY LOCATED ON OR NEAR THE PREMISES. YOU ACKNOWLEDGE AND AGREE THAT CONSERV IS NOT AN INSURER
AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED BELOW. TO THE EXTENT YOU WISH TO
HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED BELOW, IT IS YOUR RESPONSIBILITY TO PROCURE AND
MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND
EXPENSE, COVERING ALL LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ALL
PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR
EXPENSE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THIS
AGREEMENT, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING
HEREUNDER; (II) THE SYSTEM; (III) THE SERVICES (INCLUDING THIRD-PARTY PRODUCTS AND SERVICES); (IV) THE
ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY CONSERV PARTY
(AS DEFINED IN SECTION 5); (V) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM; (VI) BREACH OF
CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VII) BREACH OF
WARRANTY, EXPRESS OR IMPLIED; (VIII) PRODUCT OR STRICT LIABILITY; (IX) THE LOSS OR DAMAGE TO OR
MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT
ANY MONITORING FACILITY; (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION; (XI) A VIOLATION
OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART
OF ANY CONSERV PARTY; (XII) A VIOLATION OF ANY LAW PROHIBITING THE INTERCEPTION OF ORAL COMMUNICATIONS
BY ELECTRONIC MEANS; (XIII) THE ACTIONS OF ANY THIRD PARTY IN RESPONDING TO A SIGNAL FROM THE SYSTEM; OR
(XIV) ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF YOUR PERSONAL INFORMATION (COLLECTIVELY, THE
“COVERED CLAIMS”). RECOVERY FOR ANY LOSSES, AS DEFINED IN THIS SECTION 4, SHALL BE LIMITED
TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.
- LIMITATIONS OF LIABILITY AND RELEASE. BY AGREEING TO
THESE TERMS, YOU ARE RELEASING CONSERV, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “CONSERV PARTIES”), TOGETHER
WITH ANY PROVIDERS OF THIRD-PARTY PRODUCTS AND SERVICES (AS HEREINAFTER DEFINED), ON YOUR BEHALF AND ON
BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THIS AGREEMENT FROM ALL LIABILITY ARISING OUT OF OR IN
CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4.
UNDER NO CIRCUMSTANCES WILL CONSERV BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY.
NOTWITHSTANDING THE FOREGOING, EVEN IF ANY CONSERV PARTY IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED IN
SECTION 4, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED
CLAIM, AS DEFINED IN SECTION 4, ANY SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR
CLAIM. CONSERV DISCLAIMS ALL LIABILITY OF ANY KIND OF CONSERV’S LICENSORS AND SUPPLIERS. CONSERV
AND YOU ACKNOWLEDGE AND AGREE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES,
IF ANY, THAT MAY RESULT FROM A FAILURE BY CONSERV TO PERFORM ANY OF ITS OBLIGATIONS. THIS AGREED-UPON
AMOUNT IS NOT A PENALTY, AND IS THE SOLE REMEDY. 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.
- NO WARRANTIES. THE SERVICES ARE PROVIDED FOR YOUR
CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND CONSERV AND ITS LICENSORS AND
SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
- Release of Insured Losses; Waiver of Subrogation. You
release Conserv for all Losses covered by your insurance policies and for all insurance deductibles. You
also waive and release any subrogation and other rights you or your insurance company may have against
Conserv for money paid to you or on your behalf.
- INDEMNIFICATION. IF ANYONE OTHER THAN YOU (INCLUDING
YOUR INSURANCE COMPANY) ASKS ANY CONSERV PARTY TO PAY FOR ANY LOSSES, AS DEFINED IN SECTION 4, INCLUDING
ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY
ANY COVERED CLAIM, AS DEFINED IN SECTION 4, INCLUDING THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL
NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY CONSERV PARTY, YOU SHALL INDEMNIFY, DEFEND AND HOLD SUCH
CONSERV PARTY HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED IN
SECTION 4, INCLUDING ATTORNEYS' FEES, ASSERTED AGAINST OR INCURRED BY SUCH CONSERV PARTY. THE
FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT
APPLY TO YOU.
- Communications Equipment and Services. The System is
designed to transmit signals to a monitoring facility through certain communications equipment and
services, including DSL, broadband, cellular, wireless and/or landline
telephone equipment and services (collectively, the
“Communications Equipment and Services”). Regardless of the form of
Communications Equipment and Services used, you understand that the
Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or
extended time period). Your access to, and availability
of the Application is dependent on (i) your
computer, mobile device, wiring, Wi-Fi network, Bluetooth connection, and other related equipment, (ii)
your Internet service provider, and (iii) your mobile device carrier.
- Additional Equipment or Services. You have selected the
System based on your personal considerations (i.e., cost, the condition of the Premises, insurance
requirements, etc.). Additional equipment or services, at additional cost, may provide increased
functionality. You agree that any additional equipment or services provided by Conserv shall be subject
to this Agreement. You also agree to pay Conserv for such additional equipment or services.
You understand that Conserv does not provide any installation or repair
services for the System. You shall provide and maintain adequate power for
all equipment relating to the System.
- Increase in Charges. Conserv may increase periodic
recurring charges at any time under this Agreement by sending the notice to you by email to the email
address on file with Conserv for your current online account.
- Default. If you default under this Agreement you shall
pay Conserv for all Losses in enforcing its rights under this Agreement.
- Binding Agreement. This Agreement shall become binding
on Conserv only after the commencement of any Services. This Agreement is binding on the parties'
heirs, executors, administrators, successors and permitted assigns.
- Applicable Law. This Agreement shall be governed by and
construed according to the laws of the State of Alabama without reference to its conflicts of law rules.
The interpretation of this Agreement shall not be construed against the drafter.
- Assignment. You may not assign this Agreement. Conserv
may assign all or any portion of this Agreement.
- Finance and Late Charges. Invoices are due upon receipt. You agree to pay a finance charge of the lesser of (i) one and
one-half (1-1/2%) percent per month (eighteen percent (18%) per year) or (ii) the maximum rate permitted
under applicable law, for all charges not paid within thirty (30) days of the invoice date. In addition,
you shall pay an administrative fee (late charge) of 5% of any invoice not paid (as agreed upon damages
and not a penalty) within thirty (30) days of the invoice date, provided the imposition of such fee
(together with the finance charge listed above) is permitted and not deemed to exceed the maximum charge
permitted under applicable law. Section 16
doesn’t apply to Beta Customers during their Beta Period, as laid out in the Beta Customer
- No Waiver of Breach. Waiver of your breach of this
Agreement shall not be a waiver of any subsequent breach. Conserv’s rights under this Agreement
shall be cumulative, may be exercised concurrently or consecutively and shall include all remedies
available even if not referred to in this Agreement.
- Account Management Services. “Account Management
Services” means services relating to the remote management of the System through the Application
- Data; Data Storage. Your Account provides you with
access to certain data stored by us. You agree that we may delete any data delivered to us when (i) any
storage period that applies to your account expires, (ii) this Agreement is terminated or expires or
(iii) you deliver a written request pursuant to the terms of this Agreement and such deletion is not
prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or
governmental order. Notwithstanding anything contained herein to the contrary, Conserv is not
responsible for any change to or loss of any data.
- App Stores. You acknowledge and agree that the availability of the Conserv Mobile Application is
dependent on the third party websites from which you download the Application, e.g. the App Store from
Apple or the Android app market from Google (each, an “App Store”). You acknowledge that
this Agreement is between you and Conserv and not with an App Store. Each App Store may have its own
terms and conditions to which you must agree before downloading mobile applications from it. You agree
to comply with, and your license to use the Application is conditioned upon your compliance with, such
App Store terms and conditions. To the extent such other terms and conditions from such App Store are
less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more
restrictive or conflicting terms and conditions in this Agreement apply. Conserv will not charge you any
additional fees for you to receive and download the Application; however, your wireless service provider
may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if
you have questions about your wireless plan.
- Conserv-Provided Interface to Third-Party Products, Applications and
Services. From time to time, Conserv may provide the opportunity for you to
interface the Conserv System, Services, Application, Account, website or other Conserv product, service,
functionality or service element (collectively, the “Conserv Platform”) to one or more
third-party products, services or applications (including their respective mobile applications (if any)
or any related or connected third-party mobile devices or product peripherals that control or connect to
any of the foregoing, collectively, “Third-Party Products and Services”), through and using
the Cosnerv Platform. You decide whether and with which Third-Party Products and Services you want to
interface. Your explicit consent and authorization is required for this interface, which may be revoked
or disabled by you at any time. Notwithstanding the foregoing, and to the maximum extent permitted under
applicable law, by (i) downloading and installing any Conserv mobile application on these Third-Party
Products and Services and/or any related or connected third-party mobile devices or product peripherals,
and/or (ii) enabling or authorizing Conserv notifications or other information to be transmitted to
them, your consent and authorization to the corresponding/underlying Third-Party Products and Services,
related interfaces and data exchange may be deemed to have been provided. Once your consent is given for
a particular Third-Party Product and Service, you agree that Conserv may exchange information and
control data regarding you and your products, including your personal information, in order to enable
the interface to the Third-Party Products and Services you have authorized. Once this information is
shared with the particular Third-Party Product and Service, its use will be governed by the third
about the quality or safety of any Third-Party Products or Services or the interface with Product and
Services and that the use or performance of the Third-Party Products or Services shall be subject to the
third party’s terms of service or like terms. Accordingly, Conserv is not responsible for your use
of any Third-Party Product or Service or any personal injury, death, property damage (including, without
limitation, to your home), or other harm or losses arising from or relating to your use of any
Third-Party Products or Services. You should contact the third party with any questions about their
Third-Party Products and Services.
- End User License and Intellectual Property. Subject to your compliance with the terms and conditions of this Agreement, Conserv grants
you a non-exclusive, non-transferable license to access and use the Services.
There is a risk that unauthorized persons may gain access to the Application and
data thereon and you agree to assume such risk. You consent to our posting other status reports in connection with the Service on
the Application. You will
keep confidential all information available on the Application and all passwords relating to the
Application or access thereto. This license will continue and be co-extensive with the term of this
Agreement except for your (i) failure to keep confidential all information available on the Application
and all passwords or access codes relating to the Application or access thereto, (ii) use of the license
or the information in any manner that negatively affects us, (iii) use of the license or the information
for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. You will
be solely responsible for information you deliver, delete or modify. Upon termination of this Agreement
or termination or suspension of the license by us, we may immediately, and without notice, disable your
access to the Application and cancel all passwords or other access codes. You will not (a) disclose or
make available to third parties any portion of the technology associated with the Services or the
Application without our prior written consent, (b) copy, decompile, dissemble, reverse engineer,
manipulate, modify, or make derivative works of any technology incorporated in the Services or the
Application. Conserv may from time to time develop patches, updates, upgrades or other modifications
(“Updates”) to improve the performance of the Services or the Application. These may be
automatically installed without providing any additional notice or receiving any additional consent. You
consent to this automatic update. If you do not want such Updates, your remedy is to terminate your
Account and stop using the Services or the Application. You acknowledge that you may be required to
install Updates to use the Services and you agree to promptly install any Updates that Conserv provides.
IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY CONSERV, YOUR ACCESS TO THE APPLICATION AND THE SERVICES
MAY BE TERMINATED.
- Suspension of Service. Conserv's obligations under
this Agreement are waived automatically without notice and you release Conserv for all Losses following
any default or breach of this Agreement by you or if any of the components of the System are destroyed,
damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of
service, and you shall be entitled to a credit of the unearned charges paid for the period of
interruption on your request, which credit shall not exceed more than one month’s service charge
and shall be the limit of Conserv's liability. If this Agreement is terminated or the Services are
suspended or terminated for any reason, you shall immediately disconnect the System from all
Communications Equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter,
etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason
we may, in our sole discretion, without notice, and without any liability, remotely disable, disconnect
or block the System and data from the System from communicating.
- Time Limitation on Actions. All claims, actions or
proceedings against Conserv must be commenced in court within one (1) year after the cause of action has
accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time
period in this Section must be complied with strictly.
- Integrated Agreement. This Agreement and any document
made a part of this Agreement contains the entire agreement between the parties respecting the
transactions described in such documents and supersedes all prior or current negotiations, commitments,
contracts (express or implied) warranties (express or implied) statements and representations, whether
written or oral, pertaining to such transactions, all of which shall be deemed merged into this
Agreement. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR
INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSED IN THIS AGREEMENT RESPECTING THE
TRANSACTIONS DESCRIBED IN THIS AGREEMENT AND ANY DOCUMENT MADE A PART OF THIS AGREEMENT AND, IN ENTERING
INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INDUCEMENT WHICH IS NOT SET FORTH IN THIS
- Valid Agreement. Should any provision of this Agreement
(or portion of this Agreement), or its application to any circumstances, be held illegal, invalid or
unenforceable to any extent, the validity and enforceability of the remainder of the provision and this
Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby,
and shall remain in full force and effect as valid, binding and continuing.
- Modifications. Additions, amendments, modifications or
deletions to these terms shall not become part of the Agreement unless agreed to in writing by the
parties; provided that Conserv may add, amend, modify or delete the terms of this Agreement by providing
prior written notice of such addition, amendment, modification or deletion on its website at
www.conserv.io and/or via a notice delivered pursuant
to Section 32 (ii), which amended terms shall be binding upon the
- Right to Subcontract. Conserv may, in its sole
discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of
this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide
any of the Services to you; and (ii) each of the Conserv Parties (and any providers of Third-Party
Products and Services, if any and solely as applicable), and bind you to all such persons or entities
listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to
Conserv. Any subcontractor we engage is an independent contractor and not our partner or joint venturer.
You authorize us to act as your agent for purposes of working with, or providing any directions to, any
subcontractors with respect to the provision of the Services. You authorize us to share your personal
information with our subcontractors or Third Parties for the purpose of providing Services under this
- Section Headings; Interpretation. The section titles
used herein are for convenience of the parties only and shall not be considered in construing the
provisions of this Agreement. When used in this Agreement, (i) the word "including" shall mean
"including, but not limited to;" and (ii) the term "sole discretion" shall mean
"sole and absolute discretion without any liability."
- Right to Notice and Cure. If Conserv breaches this
Agreement, you shall provide Conserv written notice specifically identifying the nature of the breach
and the provisions of this Agreement affected as a result of such breach. Conserv may cure the breach
within ten (10) business days following Conserv's receipt of the written notice or, if the breach
cannot be reasonably cured within such period, may promptly commence to cure and diligently proceed
until cured. If Conserv cures any such breach, this Agreement shall continue unabated and Conserv shall
not be liable to you for any Losses arising out of or in connection with, due to or caused in whole or
in part by any such breach.
- Dispute Resolution.
- In the event of any dispute or disagreement between the parties, or claim or
question by a party, arising from or relating to this Agreement or the breach hereof (collectively, a
“Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this
effect, the parties shall consult and negotiate with each other in good faith and, recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the
parties do not reach such solution within a period of 60 days then, upon notice by either party to the
other, such Dispute shall be finally settled by the state or federal courts situated in Jefferson
County, Alabama, which courts shall have exclusive jurisdiction over any Dispute. Each party hereto
hereby irrevocably submits to the jurisdiction of the courts of the State of Alabama and waives any
objection to jurisdiction or venue of said courts with respect to any Dispute.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT
A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH
IN SECTION 32) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
- EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT IN CONNECTION
WITH ANY DISPUTE.
- Notices. Unless otherwise expressly provided herein, (i)
all notices required to be given to Conserv shall be deemed to have been duly given if in writing and
mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight
delivery service to Conserv's then current principal place of business and (ii) all notices required
to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail
address on file with Conserv for your Account. Subscriber is responsible to provide Conserv with any
changes to Subscriber's e-mail address pursuant to the foregoing sentence.
policy for important information about Conserv’s collection, use
and sharing of Customer’s personal information.