Last Updated: May 22, 2022
The following Sales Terms apply to all sales. Certain sales, identified herein as the sale of Additional Services, are made subject to additional terms and conditions, which are set forth separately below.
The online store provided by Canary on the site www.canary.is/products (the "Store") allows you to purchase certain identified products and services (including our Basic, Premium Services and Professional Monitoring, each, a "Product" and collectively, the "Products") from Canary and available depending on the location from which you purchase the Products. Your purchase from the Store constitutes your agreement to be bound by these terms of sale ("Terms") and the provisions of the Limited Warranty applicable to our Products. The Products may include a device or other equipment, that we refer to collectively as "Equipment," and we may provide it to you as part of our Products. If we include Equipment in our Products, it remains our property and we may require you to return it upon termination of your service plan, subject to the terms of the service plan you selected at the time of purchase. All Equipment shipped to you will be either in new condition or it will be recertified to be in like new condition. Products may also include software in any form which is only licensed to you, not sold, at all times only in accordance with Canary's End User License Agreement, as will be provided to you with the Product.
If you are a resident of the US or Canada, these Terms constitute a legally binding agreement between you and Canary Connect, Inc. From all other locations, these Terms constitute a legally binding agreement between you and Canary Technology Europe Limited. When these Terms refer to "Canary," "us," "we" or "our" each should be understood to refer to either Canary Connect, Inc. or Canary Technology Europe Limited, as appropriate to your location.
Although our Store is accessible worldwide, the Products offered are not designed and tested for use in all countries. If you choose to make a purchase from our Store or to use our Products outside the United States, Canada, or the European Union ("EU"), you understand and agree that you are doing so on your own initiative and perhaps at your own peril in terms of the functionality and legality of your purchase and intended use, and that you are solely responsible for complying with all applicable local laws in your country.
Your purchase may be made through an online store hosted by a Canary third party ecommerce partner, or an offline reseller. In such cases, your order may be subject to separate and additional terms; provided that in case of any conflict between such separate terms and these Terms, these Terms shall prevail.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to pay all fees for orders you place with us based on our then-current fees, charges, and billing terms as stated on our website at the time of purchase. You expressly agree that Canary is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your purchase and the fees will be billed to your credit card, debit card, or other payment method designated on your initial order. Canary is not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Service. Canary reserves the right to change its billing methods at any time. All descriptions of Products and Product pricing are subject to change at any time.
Resale, Transfer and Modifications of Orders
Purchases made through Canary's Store are intended for retail consumer end-use only, and no purchaser may resell any Products unless such person or entity is a Canary Authorized Reseller. Subject to this prohibition on resale, and terms applicable to Additional Services set forth below, you may freely transfer (such as by gift) the right to use the Equipment; provided that (i) the transferee becomes subject to these Terms and (ii) Products subject to a minimum contract period cannot be transferred unless the transferee is acceptable to us in our sole discretion and the transferee enters into a new contract with us based on these Terms and agrees to assume the balance of your contract period.
You should be sure to deactivate the Equipment prior to initiating any transfer of it for data privacy and security purposes. Please note that for security reasons, Canary will not determine or change control of Equipment for any reason without the express written consent of the individual designated as the "Location Owner" at the time of Equipment setup. We reserve the right to refuse any order placed with us for any reason, including a reasonable suspicion that any order appears to be intended to result in a resale. Therefore, in our unilateral discretion, we may limit, cancel or reject quantities purchased on a per person, per household, or per order basis, in our sole discretion. Such determinations to restrict orders may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address on a one-time or serial basis.
In the event that we limit, cancel or reject an order, we may attempt to notify you by contacting the email and/or billing address and phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors or persons or entities we believe are purchasing with the intention of reselling. We also reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction.
Any offer for any Products made on this site is void where prohibited.
Shipping and Returns
Canary will pack the Equipment in accordance with its standard practices. You may be able to choose the method of shipment and timing of delivery for Equipment ordered. Unless otherwise specified in a written promotion, we will charge you for shipping and handling. Scheduled shipment and arrival dates are estimates only. Canary will make reasonable efforts to meet the scheduled shipment and arrival dates, but in no event will Canary be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
If you are not satisfied with any Product purchased from the Canary Store for any reason, you will have the greater of (a) any advertised money back guarantee period applicable to your purchased Product or (b) the minimum return period required by applicable law from the date of purchase to request a full refund. For full details on the return process, please see Canary's Return & Refund Policy.
The initial price for the Additional Services you choose is posted on Canary's website on the date that you subscribe. Canary reserves the right to change your Additional Services terms and prices with appropriate notice to you. We do not provide upward or downward price protection or refunds in the event of promotions or price decreases offered after the date on which you subscribe.
You may pay for your Additional Services with a major credit or debit card, or any other payment method accepted by our third party payment processor at the time of purchase ("Payment Method"). We will charge your credit or debit card or account for your first Additional Services fee on the date that we process your order for your Additional Services and on or about each monthly or annual anniversary. If you purchase Additional Services with a minimum committed contract period (e.g., 24 months), after your applicable contract period, we will continue your Additional Services on a month-to-month or annual Additional Services plan (based on your latest selected payment period), and will charge you at our then-current rates. Once your credit or debit card or account is charged the first Additional Services fee, you will receive a confirmation email. If you have any dispute with any such charge, you must notify us in accordance with our Cancellation requirements, set forth below.
You acknowledge that the amounts billed each billing period may vary for reasons that may include differing amounts due to promotional offers, changing your Additional Services plan (where permitted) and changes in the amount of taxes we collect. You authorize Canary to charge your Payment Method for such varying amounts, or to provide you a credit, on your next billing cycle. Payments for our Additional Services are processed through our third party payment processors.
If you purchase Additional Services with a minimum contract period, you are committing to the minimum contract period specified at the time of your order (e.g., 24 months). You may cancel your Additional Services plan with a minimum contract period at any time, subject to your payment to us at the time of cancellation an early termination fee equal to the entire amount that you would have paid to us if you had completed the remainder of your minimum contract period. For example, if your Additional Services with a minimum contract period is billed at $14.99 monthly + tax and includes a 24-month contract, and you cancel in month 14, your early termination fee would be $149.90 + tax due at the time of cancellation.
We may evaluate your credit history before modifying or providing you Additional Services, including obtaining a report from a consumer credit agency or exchanging information with our affiliates in connection with determining your creditworthiness. If you fail to pay your bill, we may submit a negative credit report to a credit reporting agency, which will negatively affect your credit report.
If a payment for Additional Services with a minimum contract period is not successful, you remain responsible for any unpaid amounts, and after a grace period that we determine of at least 30 days, we may consider that you have canceled your Additional Services plan, in which case an early termination fee will apply, due at the time of cancellation or deemed cancellation, equal to the entire amount that you would have paid to us if you had completed the remainder of your minimum contract period specified at the time of your order (see the sample calculation above). Imposing an early termination fee does not affect our right to take legal or other collection action against you for non-payment, to charge you interest, or to request that you return to us Equipment that we own. If you are past due on amounts owed to us for Additional Services with a minimum contract period, we may also temporarily or permanently remotely disable any Equipment so that it will not operate, even if you gift or otherwise transfer it.
If you purchase Additional Services with a minimum contract period and you do not make any payment due to us by the due date for payment, we may also charge you a late fee on the overdue amount equal to the lesser of (a) 1.5% percent per month (18% per year), or a flat $5 per month, whichever is greater and (b) the maximum interest rate allowed by law in the state or other location of your billing address. Late fees shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You will be required to pay late fees together with any overdue amount unless you dispute a request for payment in good faith and contact us to let us know promptly after you have received a payment request of your dispute, in which case we may choose not to apply interest for the period of the dispute.
In addition to any early termination or other fees that apply, you also agree to reimburse us for our reasonable costs, fees and expenses in connection with any collection activities we undertake arising from your failure to pay us any amounts owed when due, including our reasonable attorneys fees and collection agency fees. If you fail to pay on time and we refer your account(s) to a third party for collection, we may also assess a seperate collection fee that will be due at the time of the referral to the third party. That fee will be calculated at the maximum percentage permitted by applicable law in the state or other location of your billing address, but not to exceed 18 percent of the amount due.
Your Canary Additional Services may begin with a free trial for a limited period of time. If you receive a free trial, the specific offer terms will be stated in the material describing the free trial offer. Free trials are for new Canary customers only. We will not combine free trials with any other offers. When a free trial ends, if authorized by you during the registration process, your paid Additional Services will begin and we will charge your payment method accordingly. Canary reserves the right to determine and limit eligibility for any free trial.
Once your free trial period ends, we will begin billing your Payment Method for the monthly or annual Additional Services fees corresponding to the Additional Services you chose at the time of purchase (plus any applicable taxes), unless you cancel in a timely manner according to our policies prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method for continuation charges when redeeming a free trial offer. If you wish to avoid charges to your Payment Method, you must cancel your Additional Services prior to the last day of your free trial period. You may cancel your Additional Services at any time as described in the Cancellation section of these Terms.
CANARY WILL AUTOMATICALLY RENEW YOUR ADDITIONAL SERVICES ON OR ABOUT EACH MONTHLY OR ANNUAL ANNIVERSARY OF THAT DATE THAT CANARY FIRST CHARGED YOU FOR THE ADDITIONAL SERVICES FEE.
IN ADDITION AND, AS AUTHORIZED BY YOU DURING THE ADDITIONAL SERVICES SIGN-UP PROCESS, CANARY WILL CHARGE YOU THE APPLICABLE MONTHLY OR ANNUAL ADDITIONAL SERVICES FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR ADDITIONAL SERVICES FEE PAYMENT UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
ADDITIONAL SERVICES WILL NOT AUTOMATICALLY RENEW IF YOU CHOOSE TO OPT OUT OF AUTOMATIC RENEWAL. YOU MAY OPT-OUT OF THE AUTOMATIC RENEWAL FOR MONTHLY OR ANNUAL ADDITIONAL SERVICES AT ANY TIME BY CONTACTING CANARY BY TELEPHONE AT (844) 294-4163 (US), 0 800 090 3699 (UK), OR VIA EMAIL AT SUPPORT@CANARY.IS ONLY IF YOU ARE A RESIDENT OF CALIFORNIA, NEW YORK, VIRGINIA, VERMONT, OREGON OR A COUNTRY IN COUNTRIES OTHER THAN THE US OR UK.
Canary may obtain pre-approval for an amount up to the amount of the transaction. Canary and its affiliates that assist us with supporting our Products may also contact you periodically by email to the email address associated with your account, by text/SMS message or autodialed and/or prerecorded calls to the phone number associated with your account, via mobile push notification, or via other methods you authorize, for billing reminders, to collect a debt owed to us, for Canary promotional offers and other account-related communications. Standard message and data rates may apply to text messages. Your registration and use of Products including Additional Services constitutes consent to receiving these communications from Canary regarding your account. It is not a condition of purchase that you accept promotional calls or texts. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request. It is your responsibility to keep your account information, including your phone number, updated. By purchasing our Products, you are agreeing that any agreements, notices, disclosures and other such communications sent to you by Canary via any method of communication will satisfy any legal requirements, such as receiving notice in writing or certified mail. You will be liable for paying any and all applicable sales and use taxes for the purchase of your Additional Services based on the mailing address that you provide when you register for them, and you authorize Canary to charge your credit or debit card for any such applicable taxes.
If Canary is unable to successfully charge your credit card or payment account for fees due, Canary reserves the right with or without notice to (a) revoke, suspend or restrict access to our Products, (b) delete your stored content in accordance with our data retention policies and procedures, or (c) terminate your account. If you want to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you may change your Payment Method by logging into your account and making all necessary payment related changes to your account profile. Making such changes may temporarily disrupt your access to the services while Canary verifies your new payment information and may result in a change to your payment billing date.
YOU MAY CANCEL YOUR ADDITIONAL SERVICES AT ANY TIME BY CONTACTING CANARY BY TELEPHONE AT (844) 294-4163 (US), 0 800 090 3699 (UK), OR VIA EMAIL AT SUPPORT@CANARY.IS ONLY IF YOU ARE A RESIDENT OF CALIFORNIA, NEW YORK, VIRGINIA, VERMONT, OREGON OR A COUNTRY OTHER THAN THE US OR UK. MERELY UN-PAIRING EQUIPMENT FROM A LOCATION OR OTHERWISE DISCONNECTING IT FROM ITS POWER SOURCE OR INTERNET CONNECTION WILL NOT TRIGGER CANCELLATION OF THE ADDITIONAL SERVICES. CANARY REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS CANCELLATION REQUESTS. IF YOU CANCEL ADDITIONAL SERVICES WITH A MINIMUM CONTRACT PERIOD, YOU WILL BE REQUIRED TO PAY AT THE TIME OF CANCELLATION AN EARLY TERMINATION FEE EQUAL TO THE ENTIRE AMOUNT THAT YOU WOULD HAVE PAID TO US IF YOU HAD COMPLETED THE REMAINDER OF YOUR MINIMUM CONTRACT TERM (SEE ABOVE UNDER "PAYMENTS" FOR DETAILS).
MONTHLY ADDITIONAL SERVICES PLANS MAY BE CANCELLED FOR A FULL REFUND WITHIN THREE DAYS OF INITIAL REGISTRATION (I.E. EXCLUDING RENEWALS). IF YOU CANCEL YOUR MONTHLY ADDITIONAL SERVICES OR DOWNGRADE TO A LOWER PRICED ADDITIONAL SERVICES PLAN AT ANY TIME AFTER THREE DAYS OF INITIAL REGISTRATION, YOU WILL MAINTAIN YOUR EXISTING ADDITIONAL SERVICES UNTIL THE EXPIRATION OF THE THEN-CURRENT ADDITIONAL SERVICES TERM FOR WHICH YOU HAVE PAID, AND YOUR ADDITIONAL SERVICES BENEFITS WILL EXPIRE OR DOWNGRADE AT THE END OF THE THEN-CURRENT ADDITIONAL SERVICES TERM IN ACCORDANCE WITH YOUR REQUEST. THE FOREGOING DOES NOT APPLY TO ADDITIONAL SERVICES WITH A MINIMUM CONTRACT PERIOD, WHICH CANNOT BE DOWNGRADED AND ARE SUBJECT TO THE EARLY TERMINATION FEE DESCRIBED ABOVE IF CANCELED. WE DO NOT PROVIDE PARTIAL OR PRO-RATED MONTH REFUNDS OR CREDITS.
ANNUAL PLANS MAY BE CANCELLED FOR A FULL REFUND WITHIN THE FIRST FOURTEEN DAYS AFTER INITIAL REGISTRATION (I.E. EXCLUDING RENEWALS). ANY CANCELLATION AFTER THE FIRST FOURTEEN DAYS OF INITIAL REGISTRATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT ANNUAL BILLING PERIOD AND NO CREDITS OR REFUNDS WILL BE ISSUED.
YOUR ADDITIONAL SERVICES BENEFITS WILL, AT THE END OF THE THEN-CURRENT MONTHLY OR ANNUAL ADDITIONAL SERVICES TERM, AUTOMATICALLY RENEW FOR ANOTHER MONTH OR YEAR, AS APPLICABLE AT OUR THEN-CURRENT PRICING. YOU MAY OPT-OUT OF THE AUTOMATIC RENEWAL FOR ADDITIONAL SERVICES AT ANY TIME BY CONTACTING CANARY BY TELEPHONE AT (844) 294-4163 (US), 0 800 090 3699 (UK), OR VIA EMAIL AT SUPPORT@CANARY.IS ONLY IF YOU ARE A RESIDENT OF CALIFORNIA, NEW YORK, VIRGINIA, VERMONT, OREGON OR A COUNTRY OTHER THAN THE US OR UK. FOR ADDITIONAL SERVICES WITH A MINIMUM CONTRACT PERIOD, UNLESS OTHERWISE REQUIRED BY LAW, YOU MAY ONLY CANCEL FOR A REFUND WITHIN FOURTEEN (14) DAYS OF THE ORIGINAL PURCHASE, AND ONLY IF YOU ALSO RETURN THE EQUIPMENT IN ITS ORIGINAL CONDITION WITHIN SUCH TIME. THEREAFTER, ADDITIONAL SERVICES WITH A MINIMUM CONTRACT PERIOD CANNOT BE DOWNGRADED OR CANCELED AND ARE SUBJECT TO THE EARLY TERMINATION FEE DESCRIBED ABOVE.
Unless otherwise noted, any fees paid by you prior to your cancellation are nonrefundable (except as expressly permitted otherwise by these Terms or as may be required by law), including any fees paid in advance for the billing cycle during which you cancel. Termination of your account past the relevant deadline for cancellation shall not relieve you of any obligation to pay any accrued fees or charges to which you committed and failed to timely cancel. Upon cancellation of your Additional Services plan, you will lose access to the benefits of the Additional Services plan and, after a period of time as short as immediately, Canary will delete information and data stored as part of your account in accordance with our current plans and related storage limits.
As noted above, you may not transfer your Additional Services to any other person, whether or not you give any Equipment to that person. All Equipment remains our property, and subject to the prohibitions on resale set forth above and the more specific provisions above pertaining to Additional Services with a minimum contract period, transferring the right to use the Equipment is permitted, but you will not receive a pro-rated refund for the balance of any remaining term of your Additional Services plan associated with the Equipment if you cancel your Additional Services and/or deactivate any Equipment. The person to whom you give any Equipment must purchase her own Additional Services if interested, and they will not receive any credit or other monetary benefit due to the Equipment they received having been associated with an Additional Services plan which was not utilized for its full term.
Availability of Additional Services
You agree to use Additional Services only for purposes permitted by these Terms and including those additional terms and conditions and policies referenced or available by hyperlink at www.canary.is/legal as applicable to your plan. Our Additional Services, or any related features, may not be available in all languages or in all countries and Canary makes no representation that the Additional Services are appropriate or available for use in any particular location. To the extent you choose to access and use the Additional Services, you do so at your own initiative and are responsible for compliance with any applicable laws.
Waiver of Subrogation. You hereby waive any rights your insurance company may have to be reimbursed by Canary or Noonlight for money paid to you or on your behalf.
Indemnification. IF ANYONE OTHER THAN YOU, INCLUDING, WITHOUT LIMITATION, YOUR INSURANCE COMPANY, ASKS CANARY OR NOONLIGHT TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (I) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (II) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE BY THE CANARY REPRESENTATIVES OR THE NOONLIGHT REPRESENTATIVES, (III) FAILURE OR MALFUNCTION OF THE COMMUNICATION PATH BETWEEN THE PRODUCTS AND THE MONITORING FACILITY OR THE MONITORING FACILITY'S FACILITIES, (IV) RECORDING OF COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (V) PRODUCT OR STRICT LIABILITY, OR (VI) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT CANARY OR NOONLIGHT REPRESENTATIVES PAY FIRST) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY CANARY REPRESENTATIVES OR NOONLIGHT REPRESENTATIVES. "Canary Representatives" mean Canary and its shareholders, affiliates, directors, officers, employees, interns, contractors, suppliers, service providers, licensors and agents. "Noonlight Representatives" mean Noonlight and its shareholders, affiliates, directors, officers, employees, interns, contractors, suppliers, service providers, licensors and agents.
Not Insurance. Canary and Noonlight are not insurers. The fees for Products (including, without limitation, Additional Services) are based solely upon the services provided by Canary, and is premised and conditioned upon Canary's (and, in the case of Professional Monitoring, Noonlight's) limitation of liability and other rights arising under the risk allocation clauses contained in these Sales Terms. Accordingly, you should maintain insurance in an amount and with coverages sufficient to provide full and complete coverage for any loss, damage or expense that may be sustained by you, your family or others who may be on or adjacent to the Premises, including medical insurance, disability insurance, life insurance and property insurance.
Limitation of Liability
Nothing in these Terms, and in particular within this "Limitation of Liability" section, shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES,
(A) IN NO CASE SHALL THE CANARY REPRESENTATIVES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM OUR PRODUCTS, EVEN IF CANARY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND
(B) IN NO CASE SHALL THE CANARY REPRESENTATIVES BE LIABLE FOR ANY BODILY INJURY OR HARM TO PROPERTY , OR ANY OTHER LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHICH ARISE FROM OR ARE OTHERWISE ASSOCIATED WITH YOUR USE OF OR ACCESS TO THE EQUIPMENT, OR ARISING FROM YOUR PURCHASE FROM OUR STORE, USE OF OUR PRODUCTS OR RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS, EVEN IF CANARY KNEW OR SHOULD HAVE KNOWN OR WAS ADVISED OF SUCH A POSSIBILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Canary Representatives' liability (and the Noonlight Representatives' liability, with respect to the Noonlight Services) shall be limited to the maximum sum of $25.00 collectively. In the event that you wish to increase the maximum amount of such limited liability, you may, as a matter of right, obtain a higher limit by contacting firstname.lastname@example.org to arrange paying an additional amount for the increase in such limit of liability, but this payment shall in no way be interpreted to hold Canary or Noonlight, and their Representatives as an insurer.
Canary controls and operates its Service from its headquarters in the United States. If you use this Service outside the United States of America, you are solely responsible for following applicable local laws. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the legality, validity and enforceability of any other remaining provisions.
Canary's failure or delay in exercising its rights or ability to enforce and provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our websites constitute the entire agreement and understanding between you and us and govern your use of our Products, as defined these Terms, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY WAY.
Disputes with Canary
The provisions of our System Terms & Conditions (currently available at https://canary.is/legal/system-terms) provided under the heading Disputes with Canary are hereby fully incorporated by reference into these Terms. This includes, without limitation, each of the terms and conditions under the subheadings Pre-Arbitration Claim Resolution, Exclusions from Arbitration/Right to Opt Out, Arbitration Procedures, Arbitration Award, Location of Arbitration, Payment of Arbitration Fees and Costs, Class Action Waiver, Jury Waiver, Severability, Continuation, and Governing Law & Venue. Please review the entire"Disputes with Canary" section of our System Terms & Conditions carefully as it affects your rights.
Any and all claims and controversies arising out of and related to these Terms shall be settled exclusively in the courts of competent jurisdiction in New York County, New York and you agree to submit to the personal jurisdiction of such courts. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Canary from seeking any injunctive or other equitable relief in any court of competent jurisdiction.
Changes to these Terms
These Terms are current as of the date set forth above. If we make any changes to these Terms, they will be effective as of such date, and if the changes materially affect our practices we will endeavor to provide you with notice of such change by highlighting the change on our website, in our Products, or by emailing you.
If you have any questions about these Terms, you may contact us at: email@example.com or by mail to:
If you are in the US or Canada:
Canary Connect, Inc.
26 Broadway 22nd Floor
New York, NY, 10004
If you do not reside in the US or Canada:
Canary Technology Europe, Limited
28-32 Pembroke Street Upper