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delete it upon your request. Notwithstanding the foregoing, there may be circumstances where we are legally required to retain the information we collect about you
(for example, in connection with court proceedings) and despite your request for us to delete your information, we will retain what we are legally required to keep.
We also reserve the right to use previously obtained information to verify your identity or take other actions that we believe are appropriate.
Security
Transmissions over the Internet are never 100% secure or error–free. However, we take reasonable steps to protect your personal information from loss, misuse,
and unauthorized access, disclosure, alteration, and destruction.
Children’s Privacy
The site is intended for adults in the United States. We do not intentionally or knowingly collect personally identifiable information from children under the age of 13.
We request that individuals under the age of 13 not submit any personal information on the site or through the PANDIGITAL service.
Amendments
We reserve the right to change this statement from time to time and in our sole discretion. If we materially change this statement with respect to your personal
information, we will provide appropriate notice to you. When we make changes to this statement we will alert you that changes have been made by notifying you of
said changes or by indicating on the statement the date it was last updated. When you visit our site our use or services, you are accepting the current version of
this statement as posted on our site or through our services at that time. We recommend that users revisit this statement on occasion to learn of any changes.
Contact Us
Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information practices described in this statement. Also, if
you encounter any third party who claims to be associated with PANDIGITAL Incorporated, or who obtained your data from the site, and who you feel is improperly
using your personal information, please contact us: Phone: 888-99FLOTV toll free
Email: [email protected]; For Opt-Outs: [email protected]
Postal Address: PANDIGITAL Incorporated, 5775 Morehouse Dr., San Diego, CA 92121, Attn: PANDIGITAL Legal Department – Privacy
Web site URL: http://www.pandigital.net
A T & T D i s c l o s u r e
(i) [END USER] HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND [END USER] IS NOT A THIRD
PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND UNDERLYING CARRIER. [END USER] UNDERSTANDS AND AGREES THAT THE
UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO [END USER]. IN ANY EVENT, REGARDLESS OF THE FORM
OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, [END USER’s]
EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT
TO EXCEED THE AMOUNT PAID BY [END USER] FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
(ii) [END USER] AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES,
AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE,
PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE
TO USE, OR INABILITY TO USE THE [Digital Frame] EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.
(iii) [END USER] HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE DEVICE AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE
CHANGED FROM TIME TO TIME.
(iv) [END USER] UNDERSTANDS THAT COMPANY AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OF WIRELESS
TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
(v) THE SERVICE IS FOR [END USER’S] USE ONLY AND [END USER] MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.
(vi) [END USER] UNDERSTANDS THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR
COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. THE
UNDERLYING CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO
ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO
TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY
SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A
CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, THE [END USER]
RELEASES, INDEMNIFIES AND HOLDS THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR
ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE
UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE
OF THE UNDERLYING CARRIER.
