These Terms of Service (these “Terms”) describe your rights and responsibilities when accessing and/or using our websites, including https://dashboard.ismrt.net and any successor URL(s) (the “Sites”), the companion mobile applications for iPhone and/or Android mobile devices (the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by Remote Metering Solutions (Pty) Ltd (“RMS,” “we,” “our,” or “us”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice. RMS reserves the right to modify the terms of these Terms, and will provide notice of such changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service, whether as individuals or as representatives of a legal entity (“Users,” “you,” or “your”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
RMS provides a dashboard accessible through the App or the Site on which you can see:
The Service includes a virtual wallet to which the cost of utilities consumed and all other charges and fees that you and your landlord or body corporate have agreed will be collected through the Service are added and against which you can make payment for these costs, charges and fees.
RMS owns the App, the Site and the Service.
This is a contract between you and RMS regulating the use of the Service through the App and Website. You must read and agree to the terms and conditions of these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with RMS, and only in compliance with these Terms and all applicable local and national laws, rules, and regulations (“Applicable Law”). This contract is in addition to the terms and conditions you sign when you open your iSmrt! account and does not replace those terms and conditions.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Service, only for your personal or internal (as applicable), non-commercial use, strictly as permitted by the features of the Service. If you represent an entity, this license allows use of the Service by only those users who are identified by you as the assigned user during the sign-up process or otherwise expressly authorised and granted access to the Service by RMS. (each, an “Authorised User,” and, collectively, the “Authorised Users”). RMS may terminate the license granted in this Section at any time, for any reason or no reason. RMS reserves all rights not expressly granted herein in and to the Service and the iSmrt! Content (as defined below).
1.3 User Accounts
Your account on the Service (“User Account”) gives you access to certain services and functionality that we may establish and maintain as part of the Service from time to time, in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of that entity with the authority to bind that entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and/or access tokens for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, including, if applicable, the activity of the Authorised Users. You must notify RMS immediately of any breach of security or unauthorised use of your User Account. RMS will not be liable for, and expressly disclaims responsibility for, any losses caused by any unauthorised use of your User Account.
By providing RMS your email address you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages notifying you of changes to features of the Service. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message received. Opting out may prevent you from receiving email messages regarding updates or improvements.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”; (b) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personal information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content therein.
If you are representing a legal entity, (i) you are responsible for all acts and omissions of the Authorised Users, and any act or omission by an Authorised User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you; and (ii) you will make all Authorised Users aware of these Terms’ provisions, as applicable to such Authorised Users, and you will cause each Authorised User to comply with such provisions.
1.5 Changes to the Service
We may, with or without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to your User Account and/or the Service with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon their termination for any reason or no reason, you continue to be bound by these Terms.
1.6 Service Location
The Service is controlled and operated from facilities in the Republic of South Africa. RMS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African and local laws and regulations.
2.1 General. To use an App, you must have a mobile device that is compatible with such App. RMS does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (a) modify, disassemble, decompile, or reverse engineer any App; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that RMS may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the App that you are using on your mobile device (or any Authorised Users’ mobile devices). You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades; if you are representing a legal entity, you also agree to the same on behalf of each Authorised User. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorising use of such code. RMS or its third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. RMS reserves all rights not expressly granted under these Terms.
2.2 App from Apple App Store. The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): you and RMS acknowledge and agree that these Terms are solely between you and RMS, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple.; to the maximum extent permitted by Applicable Law, Apple will have no warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to RMS as provider of the Apple-Sourced Software. You and RMS acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software, or your possession and use of that Apple-Sourced Software, infringes that third party’s intellectual property rights, RMS, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and RMS acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
2.3 App from Google Play Store. The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and RMS only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) RMS, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to RMS’s Google-Sourced Software.
The Service may allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (“User Content”).
We claim no ownership rights over your User Content, and, as between you and us, it remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. RMS has the right (but not the obligation), in its sole discretion, to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to RMS a royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorise sublicenses, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and RMS’s (and its successors’ and/or affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. If you represent a legal entity, you also hereby grant each other User on your Team a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such User Content, in each case in accordance with the Service’s functionality and these Terms.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
In connection with your User Content, you affirm, represent, and warrant the following:
RMS takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, displays, provides, or otherwise makes available on or through the Service. You will be solely responsible for your User Content and the consequences of submitting it, posting it, displaying it, providing it, or otherwise making it available on or through the Service, and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that RMS will not be liable for any damages you allege to incur as a result of or relating to any User Content.
4.1 RMS Content. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “RMS Content”), and all Intellectual Property Rights related thereto, are the exclusive property of RMS and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any RMS Content. Use of the RMS Content for any purpose not expressly permitted by these Terms is strictly prohibited.
4.2 Usage Data. RMS may collect, maintain, process, and use, or you may provide to RMS, diagnostic, technical, usage, and related information, including information about your (including any Authorised Users’) computers, mobile devices, systems, and software (collectively, “Usage Data”). You agree that all Usage Data is owned solely and exclusively by RMS, and, to the extent any ownership rights in or to the Usage Data vest in you or in any Authorised User(s), you hereby assign to RMS, on behalf of yourself and any such Authorised User(s), all rights, title, and interest in and to the same. Accordingly, RMS may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to develop and improve the Service; (c) to monitor your (including any Authorised Users’) usage of the Service; (d) for research and analytics and for RMS’s other business purposes; and (e) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Service may contain technological measures designed to prevent unauthorised or illegal use of the Service. You acknowledge and agree that RMS may use these and other lawful measures to verify your compliance with the terms of these Terms and to enforce RMS’s rights, including all Intellectual Property Rights, in and to the Service.
4.3 Feedback. To the extent you or any Authorised User provide(s) any suggestions, recommendations, or other feedback relating to the Service or any other RMS products or services, (collectively, “Feedback”), such Feedback is non-confidential, and you hereby grant, and you represent and warrant that you have all rights necessary to grant, to RMS, on behalf of yourself and any such Authorised User(s), a non-exclusive, perpetual, irrevocable, transferable, royalty-free, and worldwide license, with the right to grant and authorise sublicenses, to implement, use, modify, and otherwise exploit, in any way without restriction, the Feedback, without any fees, attribution, or other obligations to you, any Authorised User, or any third party.
4.4 Troubleshooting. By agreeing to these Terms of Service, you hereby grant permission to RMS engineering and support team members to access your account as necessary for troubleshooting and resolving technical issues. This access will be exercised solely for the purpose of addressing service-related problems and improving your experience with our application. We ensure that all access will be conducted in a secure manner, respecting your privacy and confidentiality. Our team is committed to maintaining the highest standards of data protection and will only access your account information as required to effectively address your support needs or resolve any technical challenges you may encounter while using our service.
We care about the privacy of our Users. You understand that by using the Services you acknowledge that you have read and understood our privacy policy (as may be updated from time to time) (“Privacy Notice”), which explains how your personal information is collected, used, and disclosed by RMS.
RMS cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, and, if applicable, that of the Authorised Users, at your own risk.
The Service may contain links to third-party materials that are not owned or controlled by RMS. RMS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and RMS’s Privacy Notice do not apply to your use of such sites. You expressly relieve RMS from any and all liability arising from your (including any Authorised Users’) access to or use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users.
You hereby release, on behalf of yourself and any Authorised Users, RMS from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive, on behalf of yourself and any Authorised Users, any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”
You agree to defend, indemnify, and hold harmless RMS and its affiliates, and its and their respective licensors, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (a) your access to and use of the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties herein contained; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Right; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including, without limitation, misleading, false, or inaccurate information; (f) your wilful misconduct; or (g) any other party’s access to and/or use of the Service with your credentials. For purposes of subsections (a) through (g) (inclusive) of this Section 10, “you” includes the Authorised Users (if any), and “your” has the corresponding meaning.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by Applicable Law, the Service, the RMS Content, and any other information available on or through the Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from RMS or through the Service will create any warranty not expressly stated herein. Without limiting the generality of the foregoing, RMS and its affiliates, and its and their respective licensors, do not warrant that the RMS Content or any other information contained in the Service are accurate, comprehensive, reliable, useful, or correct; that the Service will meet your (or any Authorised User’s) requirements; that the Service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in the Service will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you will be solely responsible for any damage to your (including the Authorised Users’) computer system(s) or mobile device(s) or for loss of data that results from such download or from your (including the Authorise\d Users’) use of the Service.
Further, RMS does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and RMS will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by Applicable Law.
To the maximum extent permitted by Applicable Law, in no event will RMS or its affiliates, or its or their respective licensors, employees, contractors, agents, officers, or directors, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service, and/or to the RMS Content or any other information contained in the Service. Under no circumstances will RMS be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access to or use of the Service or your User Account or the information contained therein.
To the maximum extent permitted by Applicable Law, RMS assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your (or any Authorised User’s) access to or use of the Service; (c) any unauthorised access to or use of the servers running the Service and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Service; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (f) any errors or omissions in any RMS Content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (g) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event will RMS or its affiliates, or its or their respective licensors, employees, contractors, agents, officers, or directors, be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if RMS has been advised of the possibility of such damage.
These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by Applicable Law.
11.1 Governing Law. You agree that: (a) the Service will be deemed solely based in the Republic of South Africa; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than South Africa. These Terms will be governed by the laws of South Africa
11.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RMS. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and RMS that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service. This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing compliance@remotemetering.net with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
For any Claim, you agree to first contact us at compliance@remotemetering.net and to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the Arbitration Foundation of Southern Africa (“AFSA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AFSA (the “Rules”) https://arbitration.co.za/international-arbitration/international-rules/ except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AFSA may be contacted at https://arbitration.co.za where the Rules are also available. The arbitration will be conducted in Johannesburg, South Africa unless you and RMS agree otherwise. You acknowledge and understand that, depending on the kind of User you are, either (i) each of you and us will be responsible for paying any AFSA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, or (ii) AFSA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AFSA; the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and RMS agree that the Arbitrator, and not any court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or any provision of these Terms is, unconscionable or illusory, and any defence to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
Nothing in this Arbitration Agreement will be deemed as: preventing RMS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement.
12.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RMS without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
12.2 Notification Procedures and Changes to these Terms. RMS may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice, or written or hard copy notice, or through posting of such notice on the Site(s), as determined by RMS, in its sole discretion. RMS reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. RMS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. RMS may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
12.3 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with RMS in connection with the Service, will constitute the entire agreement between you and RMS concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
12.4 No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and RMS’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
12.5 Contact. Please contact us at compliance@remotemetering.net with any questions regarding these Terms.