VueZone Terms of Service
Last Updated: July 2012
You control who sees your cameras and content. VueZone is designed to provide a way for you to view and share your VueZone cameras and your videos and photos taken
with your VueZone cameras. You control access to your cameras and stored content. Through settings in your VueZone account you can choose to keep your cameras,
photos and videos private so only you can access them, restrict access to a limited number of users, or make your cameras, photos and videos public for anyone to access.
Your personal information is protected. Your privacy is important to us and we take great care to
Age: You must be at least 13 years of age to sign-up for VueZone.
To read the complete VueZone Terms of Service, please see below.
Welcome to VueZone and myVueZone, the consumer websites for NETGEAR supporting our VueZone personal video network product family. By using (a) the VueZone cameras, base station hardware devices, and personal video network (referred to herein as "the VueZone System"), and (b) the VueZone websites, including VueZone.com, my.VueZone.com and associated content services, my.VueZone accounts, live cameras, streaming video, and all other associated web services that NETGEAR currently offers and may offer in the future (referred to herein as "the VueZone Websites"). Together, all of the above are collectively referred to herein as the "VueZone Services." By using the VueZone Services, you agree to all the terms and conditions in these Terms of Service ("Terms"). These Terms explain the conditions that apply to your use of the VueZone Services, and constitutes a legally binding agreement between you and NETGEAR.
1. Terms of Service
Your registration of the VueZone System through the VueZone Websites as well as use of the VueZone Services, is subject to the terms and conditions of these Terms. NETGEAR may, at its discretion and without notice, change the terms of these Terms. Any changes made to the terms of these Terms will be updated on the VueZone.com website. We encourage you to periodically check the VueZone Websites for a copy of the most current version of these Terms. If you are dissatisfied with any changes to these Terms, you may cancel your use of the VueZone Services according to the terms provided in Section 13 of these Terms.
THE VUEZONE SYSTEM, WEBSITES, AND SERVICES ARE FOR NON-COMMERCIAL ENTERTAINMENT USE ONLY.
2. Registration Information
3. Member Account, Password and Security
You will receive a password and account designation upon completing the VueZone Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NETGEAR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NETGEAR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. Third-Party Content
The VueZone Services give you the ability to access media content controlled by third parties ("Third Party Content"), over which NETGEAR exercises no editorial or programming control. You understand that: (a) Third Party Content providers may restrict or revoke access to their content at any time; (b) NETGEAR is not responsible for and has no editorial control over any Third Party Content; and (c) NETGEAR has no control over the distribution of Third Party Content. You agree that NETGEAR will have no liability to you, or anyone else who uses your VueZone System with regard to any Third Party Content. You also agree and declare that any and all Third Party Content accessed or transferred using the VueZone Services are for personal, non-commercial use and that the VueZone Services will not be used to illegally copy, display or otherwise make use of Third Party Content without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. NETGEAR reserves the right to terminate the accounts of users of any NETGEAR service or software who infringe the copyrights of others. In addition, steps intended to defeat or bypass security measures designed to prevent infringement of copyrighted works may be illegal under U.S. law or comparable foreign laws. NETGEAR reserves the right to terminate the VueZone accounts of users who develop or use any method to defeat or bypass such security measures and to take any other necessary or appropriate action to prevent infringement of copyright holders' rights.
5. Changes to Your VueZone Service
NETGEAR may, at its discretion and without notice, change, add, or remove features and functionality of the VueZone Services. If you are dissatisfied with any such changes to the VueZone Services, you may immediately cancel your use of the VueZone Services as provided in Section 13 of these Terms. NETGEAR is under no obligation to provide any or all features and functionality to your VueZone System, and may, at its discretion, discontinue the provision of software updates to certain VueZone Systems. Because a given VueZone System may support different features and functionality, the level of service NETGEAR provides may not be the same on each VueZone System.
6. Service Eligibility/Parental Advisory
Use of the VueZone Services requires that your VueZone System has access to an always-on, broadband Internet connection. All VueZone Systems must be registered at my.VueZone.com to enable the VueZone Services.
IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF SERVICE WITH YOUR PARENTS. THE VUEZONE SERVICES ARE INTENDED
FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER. BECAUSE THE VUEZONE SERVICES MAY PROVIDE ACCESS TO VIDEO or IMAGING CONTENT THAT CONTAINS
EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.
7. Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not NETGEAR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the VueZone Services. NETGEAR does not control the Content posted via the VueZone Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will NETGEAR be liable in any way for any Content, including, but not limited to, (a) any errors or omissions in any Content; (b) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service, including and viewing, copying, or redistribution of the Content; or (c) failure to comply with any and all applicable federal, state, and local laws with respect to use of the VueZone Services, including, but not limited to, laws related to closed-circuit television monitoring for any purpose and recording in public areas.
You agree to not use the VueZone Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the VueZone Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail,
"spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated
for such purpose;
- interfere with or disrupt the VueZone Services or servers or networks connected to the VueZone Services, or disobey any requirements, procedures, policies or regulations of networks connected to the VueZone Services;
- intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; and
- "stalk" or otherwise harass another.
You acknowledge that NETGEAR may or may not pre-screen Content, but that NETGEAR and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the VueZone Services. Without limiting the foregoing, NETGEAR and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that NETGEAR may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of NETGEAR, its users and the public.
You understand that the technical processing and transmission of the VueZone Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the VueZone Services and software embodied within the VueZone Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by NETGEAR and/or content providers who provide content to the VueZone Services. You may not attempt to override or circumvent any of the usage rules embedded into the VueZone Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the VueZone Services, in whole or in part, is strictly prohibited.
8. Content Submitted or Made Available for Inclusion on the VueZone Services
NETGEAR does not claim ownership of Content you submit or make available for inclusion on the VueZone Services. However, with respect to Content you submit or make available for inclusion on publicly accessible or restricted access areas of the VueZone Services, you grant NETGEAR the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of VueZone, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the VueZone Services solely for the purposes of providing and promoting the specific VueZone feature to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the VueZone Services and will terminate at the time you remove or NETGEAR removes such Content from the VueZone Services. You grant NETGEAR the right to maintain a copy of the Content for archival and legal defense purposes.
- With respect to photos, or video you submit or make available for inclusion on publicly accessible areas of the VueZone Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the VueZone Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the VueZone Services and will terminate at the time you remove or NETGEAR removes such Content from the VueZone Services. You grant NETGEAR the right to maintain a copy of the Content for archival and legal defense purposes.
- With respect to Content you submit or make available for inclusion on restricted access areas of VueZone, the license to use, distribute, reproduce, modify, adapt, publicly perform and display such Content on the VueZone Services solely for the purposes of providing and promoting the specific VueZone feature to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the VueZone Services and will terminate at the time you remove or NETGEAR removes such Content from the VueZone Services. You grant NETGEAR the right to maintain a copy of the Content for archival and legal defense purposes.
- With respect to photos, or video you submit or make available for inclusion on restricted access areas of the VueZone Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the VueZone Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the VueZone Services and will terminate at the time you remove or NETGEAR removes such Content from the VueZone Services. You grant NETGEAR the right to maintain a copy of the Content for archival and legal defense purposes.
"Publicly accessible" areas of the VueZone Services are those areas of the VueZone that are intended by NETGEAR to be available to the general public. By way of example, publicly accessible areas of the VueZone Services would include VueZone live video feeds and photos that are open to both members and visitors. However, publicly accessible areas of the VueZone Services would not include portions of VueZone that are limited to members.
"Restricted access" areas of the VueZone Services are those areas of VueZone that are intended by NETGEAR to be available only to the general membership of VueZone. By way of example, restricted accessible areas of the VueZone Services would include VueZone live video feeds and photos that are open to all members of VueZone, including non-members invited by VueZone members to view them. However, restricted access areas of the VueZone Services would not include portions of VueZone that are limited to those whom you individually invite to view your own content.
9. Subscription Fees
Some VueZone Services require an ongoing subscription. You agree to pay your subscription fee in advance. Your subscription period is stated in your VueZone Subscription plan. Your subscription fee will cover the VueZone Services covered in your VueZone subscription plan. You may have a choice of subscription payment options and may change your selected payment option by notifying NETGEAR before the end of the payment period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you register for the VueZone Services under a promotional subscription fee, some additional restrictions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the VueZone Services as defined in the plan you choose. NETGEAR reserves the right to offer multiple subscription plans with varying levels and mix of services.
10. Payment Authorization
If you choose a subscription option with recurring payments (i.e. the monthly and annual subscriptions), you agree that NETGEAR may automatically charge the subscription fee to your credit or charge card at the beginning of each period unless you notify us otherwise in advance of a new period. If you signed up at a promotional rate, any renewals past the promotional period shall be charged at the then effective subscription fee. Access to your VueZone Services will not be established until NETGEAR has verified that the credit card information is accurate and that your credit card account is in good standing. NETGEAR may, as necessary, extend the expiration date of your credit card to ensure continued service. NETGEAR may, at its discretion, change the VueZone Services fees from time to time and charge additional fees for features and functionalities that are not a part of the VueZone Services. NETGEAR will endeavor to notify you (by email 30 days in advance of any fee changes or new fees. NETGEAR reserves the right to suspend or terminate your VueZone Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to NETGEAR for VueZone services. You agree to pay a late charge on all amounts due which remain unpaid for 30 days. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, whichever is less, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to NETGEAR. NETGEAR reserves the right to refer your account to a third party for collection in the event of an ongoing default.
11. Internet Service Provider Charges
The VueZone Services require the use of an always-on broadband Internet connection. NETGEAR is not responsible for and does not make any assurances about the availability or functionality of any broadband Internet connection. You are responsible for any service charges for your Internet connection incurred as a result of using or accessing the VueZone Services and acknowledge and agree that you shall be solely responsible for all disputes with any Internet service provider related to the same.
12. Using the VueZone Service
You may access and use the VueZone Services only with a VueZone System that is authorized to communicate with the VueZone Websites. You agree not to tamper with or otherwise modify your VueZone System. The VueZone Services are provided for your personal, non-commercial use, and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the VueZone Services or the right to receive them. By using the VueZone Services, you agree to receive all software updates and upgrades that NETGEAR sends to your VueZone System. If your VueZone System accesses the VueZone Websites (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the VueZone Services and are bound by the terms of these Terms.
13. Termination of Service
You may terminate your account and your right to use the VueZone Services, at any time without limitation. The VueZone Services will be terminated within 48 hours after your request. Any unused subscription fees are nonrefundable. Notwithstanding anything to the contrary in these Terms, NETGEAR retains the absolute right to immediately suspend or terminate your account if the subscription charges are refused for any reason, if you breach any provision in these Terms, if you misuse the VueZone service, and/or if you alter your VueZone System or use the VueZone Services or software in such a manner as to infringe upon the intellectual property rights of NETGEAR or any third party. In addition, NETGEAR reserves the right to terminate your account and these Terms for any other reason, without limitation, if NETGEAR gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the VueZone service before termination..
NETGEAR may provide you with notices, including those regarding changes to these Terms, including by but not limited to email, regular mail, text message, postings on the VueZone Websites, or other reasonable means now known or hereinafter developed.
15. Title to Software and Intellectual Property
You may need to use certain software programs in your VueZone System to use or have full access to certain features of the VueZone Services. You are required to accept and use the software included in your VueZone System at the time of purchase and other software programs that may be delivered to your VueZone System by NETGEAR from time to time. NETGEAR and/or its affiliates retain title to and ownership of all the software for the VueZone System and certain intellectual property rights in the VueZone System. NETGEAR and/or its affiliates also retain ownership of all NETGEAR and VueZone copyrights and trademarks. In the case of third party software delivered by NETGEAR to the VueZone System, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the VueZone System or the software of the VueZone System is strictly prohibited, except as expressly set forth in Section 12 of these Terms. If you install any NETGEAR software applications on your home computer, ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
Trademarks. NETGEAR and/or its affiliates are the owner(s) of the following trademarks:
Patents and Patent Pending. The VueZone cameras and the VueZone Services are the subject of issued patents and pending patent applications.
16. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
NETGEAR respects the intellectual property of others, and we ask our users to do the same. NETGEAR may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NETGEAR’s Copyright Agent the following information::
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
NETGEAR’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- By mail: 6815 Flanders Drive., Suite 220 San Diego, CA 92121
- By fax: (858) 453-9868
- By email: copyright@NETGEAR.com
17. Open Source Software
Certain components of the software for the VueZone System are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software is not subject to the restrictions in Section 12 of these Terms. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html).
You may provide a link to your my.VueZone.com site or to www.VueZone.com. Any link to any VueZone Service must be to that Service’s home or top-level page.
The VueZone Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NETGEAR has no control over such sites and resources, you acknowledge and agree that NETGEAR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NETGEAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
19. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
20. No Resale of VueZone Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the VueZone Services (including your VueZone ID), use of the VueZone Services, or access to the VueZone Services.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NETGEAR FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST NETGEAR OR THE VUEZONE SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THESE TERMS, YOUR MISUSE OF THE MYVUZONE SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF VUEZONE PRODUCTS OR SOFTWARE (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 12 OF THESE TERMS.
22. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE VUEZONE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETGEAR MAKES NO WARRANTY THAT THE VUEZONE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE VUEZONE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES NETGEAR MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE VUEZONE SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE VUEZONE SERVICES WILL BE CORRECTED OR THAT THE VUEZONE PRODUCTS OR VUEZONE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, NETGEAR DOES NOT WARRANT THAT THE VUEZONE SERVICES OR THE NETGEAR SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT NETGEAR) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. NETGEAR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR VUEZONE BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE. NETGEAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE VUEZONE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
NETGEAR HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE, OR LOCAL LAWS.
23. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
24. Limitations of NETGEAR's Liability
IN NO EVENT WILL NETGEAR OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS THAT MAY APPEAR ON THE VUEZONE WEBSITES; THE VALIDITY, ACCURACY OR RELIABILITY OF ANY ITEMS DISPLAYED ON THE VUEZONE WEBSITES AS PART OF THE VUEZONE SERVICES; LOST PROFITS; USE OF USER INFORMATION; LOSS OF DATA; BUSINESS INTERRUPTION; EQUIPMENT FAILURE OR MALFUNCTION; OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE VUEZONE SERVICES OR USE OF THE VUEZONE SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF NETGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL NETGEAR'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE VUEZONE SERVICES THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO NETGEAR IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF NETGEAR'S AND NETGEAR’S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THESE TERMS. 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. Additionally, this provision is not intended to limit NETGEAR's liability in the event of NETGEAR's willful or intentional misconduct. Moreover, if NETGEAR mistakenly or wrongfully overcharges your account, this section does not limit NETGEAR's obligation to refund such mistakenly or wrongfully overcharged amounts.
25. General Information
Entire Agreement. These Terms constitute the entire agreement between you and NETGEAR and governs your use of the VueZone Services, superseding any prior agreements between you and NETGEAR with respect to the VueZone Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VueZone Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. These Terms and the relationship between you and VueZone shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NETGEAR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.a.
Waiver and Severability of Terms.The failure of NETGEAR to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your VueZone account is non-transferable and any rights to your VueZone ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the VueZone Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect.