Effective Date: June 3, 2017
- ELIGIBILITY. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 18, you may not use or access the Services. If Bluetooth SIG discovers or has any reason to suspect that you are not at least 18 years of age, Bluetooth SIG reserves the right to suspend or terminate your access to the Services immediately and without notice.
- SIG MEMBERSHIP AND ADDITIONAL TERMS. If you are a user under an Account associated with a Bluetooth SIG member you agree to and are bound by the following (collectively, the “SIG Member Terms”): (a) in the case of Associate and Adopter members, the Bluetooth SIG Membership Commitment Agreement and in the case of Promoter members, the Promoters Membership Agreement; (b) Bluetooth SIG’s Certificate of Incorporation and Bylaws; (c) the Bluetooth Patent/Copyright License Agreement and Bluetooth Trademark License Agreement; and (d) all policies and rules adopted by Bluetooth SIG’s Board of Directors and any individual or group authorized by Bluetooth SIG’s Board of Directors in accordance with Bluetooth SIG’s Bylaws (e.g., the Executive Director of Bluetooth SIG) all of which may be modified from time to time. Current versions of the Bluetooth SIG Membership Commitment Agreement, Bluetooth SIG’s Certificate of Incorporation and Bylaws, the Bluetooth Patent/Copyright License Agreement, and the Bluetooth Trademark License Agreement are located at https://www.bt-test.systems/about-us/governing-documents. Prior to access and use of certain Services or Service features, Bluetooth SIG may also present and require you to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms”). If there is a conflict between these Terms and any Additional Terms, the Additional Terms will govern. If you are a member and there is a conflict between the SIG Member Terms and either these Terms or the Additional Terms, the SIG Member Terms will govern.
- ACCOUNT REGISTRATION. In order to access certain Services or Service features, you may be required to register for a user account (“Account”). If you register or apply for an Account, you must provide Bluetooth SIG with current, complete, and accurate information in connection with your registration as well as at all times thereafter when using the Account (including in connection with the Bluetooth SIG qualification program). You must keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that each individual user may maintain only one Account. You represent and warrant that you have not registered, and will not register, more than one Account per individual user. You agree that Bluetooth SIG may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account. You must notify Bluetooth SIG immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your membership status and other criteria, your Account may not have full access to all Services or all Service features. You agree not to attempt to access any restricted Services or Service features.
- SERVICES AND CONTENT USE. The Services include and provide access to information, content, graphics, text, images, code, sound files, video, communications, packages, profiles, documents, files, and other materials provided through the Services (“Content”). If no Additional Terms are presented when you access the Services or Content, Bluetooth SIG and its licensors grant you, conditioned on your full compliance with these Terms, a revocable, worldwide, royalty-free, personal, non-transferable, non-exclusive license to view, access, and use the Services and Content in connection with your participation in Bluetooth SIG activities (e.g., working groups and specification development, etc.) as a member of the Bluetooth SIG and use and development of Bluetooth products and services that implement and comply with the Bluetooth Specifications adopted by members of the Bluetooth SIG. You agree that when using the Services or Content, you will not engage in or attempt to engage in any improper uses. Improper uses include violating these Terms, any applicable law or regulation, or the Bluetooth SIG Web Site User Code of Conduct. If Bluetooth SIG suspects violations of any of this Agreement, Bluetooth SIG may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with Bluetooth SIG in investigating suspected violations. You authorize Bluetooth SIG to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that Bluetooth SIG considers to be illegal or a violation of these Terms.
- USER CONTENT. Bluetooth SIG does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that is provided, posted, uploaded, or otherwise submitted to the Services by users of the Services (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your Account(s) (“Your Content”) is submitted voluntarily and that if you submit Your Content to any area of the Services that is available to other users, that Bluetooth SIG does not control and is not responsible for the use of Your Content by other users. If you are a member, Your Content is licensed under the SIG Member Terms. If you are not a Bluetooth SIG member, you: (a) grant to Bluetooth SIG and all other users who have access to Your Content through the Services or otherwise, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content; and (b) acknowledge that you receive no licenses to Services or Content except as expressly provided in these Terms or the Additional Terms. For the avoidance of doubt, the license in the preceding sentence does not apply to Your Content if you are a Bluetooth SIG member. Bluetooth SIG is under no obligation to post User Content in the Services and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of Bluetooth SIG or any third party or violate any SIG Member Terms or any applicable law. If Bluetooth SIG suspects violations of the foregoing, Bluetooth SIG may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to Bluetooth SIG or make available through the Services.
- CONFIDENTIALITY. If you obtain a user Account under a Bluetooth SIG member account, you agree to comply with the Bluetooth SIG Confidentiality Policy and that all Content is SIG Information as defined in the Confidentiality Policy. If your user Account is not associated with a member account: (a) you agree not to disclose Content marked as confidential to any third party and to use it only as expressly authorized by Bluetooth SIG; and (b) you further agree and acknowledge that Your Content is not confidential or proprietary even if marked as such and that Bluetooth SIG cannot and does not guarantee any confidentiality or security of your User Content.
- COPYRIGHT AND TRADEMARK NOTICES. You acknowledge and agree that Bluetooth SIG and its members, licensors, and suppliers own all right, title, and interest (including intellectual property rights) in the Services, Content, and all draft and adopted specifications for the Bluetooth standard and reserve all rights not expressly granted to you in these Terms or, if applicable, the SIG Member Terms. The Bluetooth logos and word marks referenced in the Services and Content are the trademarks of Bluetooth SIG and its affiliates. Any other company names, product names, service names and logos referenced in connection with the Services or Content may be the trademarks of their respective owners.
- SUPPORT AND AVAILABILITY. Bluetooth SIG has no obligation to and may not provide support in relation to the Services, Content, your Account, or User Content. Bluetooth SIG does not guarantee availability of the Services, Content, your Account, or User Content and your access is permitted only if and when they are available. The Services may occasionally be down for service, upgrades, maintenance, or other reasons. Certain features or functionalities of the Services or Content may be pre-release versions and may not work correctly or in the way a final version might work. Bluetooth SIG may significantly change the final version or decide not to release it. To the maximum extent authorized under applicable law, Bluetooth SIG reserves the right to discontinue your access to the Services, your Account, or to any Content provided or made available to you through use of the Services at any time without notice to you.
- CHANGES TO THESE TERMS. Bluetooth SIG reserves the right to change these Terms at any time upon notice. Bluetooth SIG may give notice by making the updated Terms available through the Services or by any other reasonable means. You can view the most current version of the Terms at any time at www.bt-test.systems/about-us/terms-of-use. The updated Terms are binding on you as of the Effective Date indicated in the updated Terms. If you do not agree to the updated Terms, you must terminate your Account and/or stop using the Services and Content before the effective date. Your continued use of the Services or Content after the effective date will constitute your acceptance of the updated Terms.
- THIRD PARTY PRODUCTS AND SERVICES. You may need to use or obtain additional products or services in order to use the Services or Content, such as internet access, a device, or a data connection. Third party products and services may require additional fees. You must obtain all third party products and services separately and pay all associated charges. Bluetooth SIG does not endorse or sponsor any third party products or services and does not have control over such products or services. Bluetooth SIG is not responsible for any malfunction or error attributable to your use of a third party product or service.
- TERMINATION. You may terminate your Account or your use of the Services at any time. Bluetooth SIG reserves the right to terminate your Account, these Terms, and/or suspend or terminate the Services at any time with or without prior notice. Sections 5, 6, 8, and 13 through 23 of these Terms will survive termination.
- DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT AND USER CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. BLUETOOTH SIG AND ITS MEMBERS, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, BLUETOOTH SIG, ITS MEMBERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT THE SERVICES, CONTENT, OR USER CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SERVICES AND ALL CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
- DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLUETOOTH SIG OR ANY MEMBER, SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT, EVEN IF BLUETOOTH SIG OR ANY MEMBER, SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 14 OR 15, BLUETOOTH SIG’S AND ITS MEMBERS’, SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, CONTENT, USER CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES UP TO FIVE DOLLARS (U.S. $5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
- INDEPENDENT REMEDIES. The exclusion of damages under Section 15 is independent of your exclusive remedy in Section 16 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 15 and 16 apply without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- NOTICE ON POTENTIAL LIMITS OF SECTIONS 14, 15, and 16. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 14, 15, or 16 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
- INDEMNIFICATION. If you are not a Bluetooth SIG member, you agree to defend, indemnify, and hold Bluetooth SIG and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Content or your use of the Services; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. Bluetooth SIG reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Bluetooth SIG in asserting any available defenses. If you are a Bluetooth SIG member, you will indemnify Bluetooth SIG for claims relating to or arising out of Your Content and your use of the Services under the terms set forth in the SIG Member Terms.
- NOTICE AND TAKEDOWN PROCEDURES. Bluetooth SIG respects the intellectual property rights of others. If you believe that material available in the Services infringes your copyright or the copyright of any third party, please notify Bluetooth SIG in accordance with the Bluetooth SIG Copyright Policy.
- GOVERNING LAW AND DISPUTE RESOLUTION. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington, United States, for any and all disputes, claims, and actions arising from or in connection with the Services or these Terms.
- General. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Bluetooth SIG’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Bluetooth SIG if it is in a written document signed by Bluetooth SIG. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Bluetooth SIG intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Bluetooth SIG agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Bluetooth SIG may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms will be binding upon Bluetooth SIG’s successors and assigns. These Terms (including any incorporated terms), SIG Member Terms, and any Additional Terms provided or presented to you when you access or use certain features of the Services constitutes the entire agreement between you and Bluetooth SIG with respect to the Services. Both you and Bluetooth SIG warrant to each other that, in entering this agreement, neither Bluetooth SIG nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Bluetooth SIG, or Bluetooth SIG’s successors and permitted assigns, will have any right to enforce these Terms.
- CONTACT INFORMATION. Bluetooth SIG may give you all notices (including legal process) that Bluetooth SIG is required to give by any lawful method, including by making notice available through the Services or on Bluetooth SIG’s web site located at www.bt-test.systems, or by sending it to any email or mailing address that you provide to Bluetooth SIG. You acknowledge that if you do not provide Bluetooth SIG with current and accurate contact information, Bluetooth SIG may not be able to contact you. You agree to send Bluetooth SIG notice by mailing it to the following address:
Bluetooth SIG, Inc.
Attn: Executive Director
5209 Lake Washington Blvd NE
Kirkland, WA 98033 USA
Fax: +1 425 691 3524