The following Terms of Service (“TOS”) are between you and Pogoplug and constitute a legal agreement that governs your use of the Pogoplug product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to all of the following terms, please do not use the Service. "Pogoplug" or “we” as used in these TOS means Cloud Engines, Inc., located at 480 Pacific Avenue, San Francisco, CA 94133, and its affiliates.
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Pogoplug, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. If you are using the Service on behalf of an organization, you represent and warrant to us that you have the power and authority to enter into this Agreement for that organization. By accepting these TOS you represent that you understand and agree to the foregoing.
Pogoplug may update or change these TOS from time to time and recommends that you review the TOS on a regular basis at www.pogoplug.com. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised.
Use of the Service requires one or more compatible devices or personal computers, certain software, and broadband Internet access. Please refer to the documentation applicable to your product on our website for more detail on hardware and software requirements.
Pogoplug reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that Pogoplug shall not be liable to you or any third party for any modification or cessation of the Service.
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
The Service, or any feature or part thereof, may not be available in all languages or in all countries, and Pogoplug makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
When you accept these TOS and complete the Pogoplug sign up process, you become the Pogoplug “Member Account” holder. You are required to provide your email address upon sign-up that will be used for your account (your “User ID”). Depending on your account type, you may be permitted to purchase and add additional “Sub-accounts” to your Member Account. You must select a separate User ID for each Sub-account you create. You are responsible for all activity that takes place on your Member Account and any associated Sub-accounts.
If you use a Sub-account, the Member Account holder has full control over your Sub-account and may alter, close or end the Sub-account at any time, as well as request information related to your use of the Sub-account, including machine and service use information, without notice to you.
Upon creating your User ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User ID. If you suspect or become aware of any unauthorized use of your account please contact Pogoplug Support at firstname.lastname@example.org.
If you are using the Service on your own behalf, you represent and warrant to us that you are at least 13 years of age (and that if you are 13 or older but under 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby on your behalf).
You agree that all information you provide to Pogoplug during the sign up process (“Sign-Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign-Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign-Up Data may result in the suspension and/or termination of your account.
You agree that your Pogoplug account is non-transferable and that any rights to your Member Account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated. Contact support at email@example.com for further assistance.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service, is the sole responsibility of the person from whom such Content originated. This means that you, and not Pogoplug, are solely responsible for and retain ownership of any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Pogoplug does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
Our Service allows you to share content privately or publicly. Once published, public content may disseminate quickly and broadly, so please use the sharing features carefully.
You agree that you will NOT use the Service to:
You acknowledge that Pogoplug is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. Pogoplug reserves the right at all times, however, to determine whether Content is appropriate and in compliance with these TOS, and may remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
You are responsible for backing up, to your own computer or other devices, any important documents, images or other Content that you store or access via the Service. Pogoplug does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
You acknowledge and agree that Pogoplug may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Pogoplug, its users or the public as required or permitted by law.
We respect the intellectual property rights of others, and ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pogoplug's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Pogoplug that your copyrighted material has been infringed.
Pogoplug's Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:
Pogoplug Legal Department
480 Pacific Avenue
San Francisco, CA 94133
phone: (866) 582-6651
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to firstname.lastname@example.org.
You agree to abide by Pogoplug's Payment Terms.
Pogoplug, Pogoplug, the Pogoplug logo and other Pogoplug trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Cloud Engines Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Pogoplug PC Software
If you have an authorized copy of Pogoplug PC or Pogoplug Team for a personal computer (“PC Software”), Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such PC Software on one computer owned and/or controlled by you, and to use such PC Software solely as a part of the Service and in accordance with these TOS. If you are using a trial version of the PC Software and fail to purchase a license to such PC Software prior to the expiration of the applicable trial period, this license shall automatically terminate.
Pogoplug Companion Utility Software
If you have an authorized copy of Pogoplug's free utility software for a personal computer (“Pogoplug Companion”), Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such Pogoplug Companion software on all personal computers associated with your account and owned and/or controlled by you, and to use Pogoplug Companion software solely as a part of the Service and in accordance with these TOS.
Pogoplug Mobile Software
If you have downloaded any Pogoplug software for a mobile device (Android™, iPhone®, iPad®, Blackberry™ or others) (“Mobile Software”), Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such Mobile Software solely on a single device for which such Mobile Software is intended, and to use such Mobile Software solely as a part of the Service and in accordance with these TOS.
Pogoplug Device Software
If you have purchased any Pogoplug hardware device, Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to use such software (“Device Software”) as provided to you by Pogoplug solely as a part of the Service, in accordance with these TOS, and as embedded on the device which you purchased.
Pogoplug Proprietary Rights
You acknowledge and agree that Pogoplug and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service, including, without limitation, the PC Software, the Mobile Software, the Device Software (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Pogoplug includes several open source components in the Software. You agree to abide by the terms of the relevant licenses, as may be updated by Pogoplug from time to time at http://pogoplug.com/home-en-developers-open-source.html.
You will not (and will not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, including without limitation Cuba, Iran, North Korea, Sudan or Syria or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.
As part of the Service, you may from time to time receive updates to the Software from Pogoplug that may be automatically downloaded and installed to your applicable device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Pogoplug may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
You may terminate your account and/or stop using the Service at any time. To terminate your account, contact Pogoplug Support at email@example.com. Any fees paid by you prior to your termination are nonrefundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
Pogoplug may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. For example, we may terminate your account if you fail to comply with these TOS or use the Service in any way that could create legal liability for us or that could disrupt others' use of the Service.. Pogoplug may also terminate any subscription account if the applicable subscription fees are not paid prior to or on the applicable renewal date. Any such termination or suspension shall be made by Pogoplug in its sole discretion, without any refund to you of any prepaid fees or amounts, and Pogoplug will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Member Account (and any Sub-accounts thereunder).
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Pogoplug may have no control over such third party sites and/or materials, you acknowledge and agree that Pogoplug is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POGOPLUG AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POGOPLUG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT POGOPLUG AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF POGOPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR SOFTWARE.
Pogoplug may provide you with notices regarding the Service, including changes to these TOS, by email to your Pogoplug email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Pogoplug shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Pogoplug agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from these TOS. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Please feel free to contact us with any questions at firstname.lastname@example.org.
Last revised: September 5, 2012
© Copyright 2013 Cloud Engines Inc. All rights reserved.
The following are the specific types of information we collect from you.
Information You Provide. When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. You may also provide us with your contacts’ email addresses when sharing folders or files with them.
You may also provide us with your contacts' email addresses when sharing folders or files with them. If you choose to use our interface to share a link to a file, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email with the link. The email address is used for the sole purpose of sending this one-time email.
Information Automatically Collected. When you download and use our Service, we automatically collect information on the type of Device you use, operating system version and the Device identifier. We collect your location-based information for the purpose of attaching location data to photos. We will only share this information with our mapping provider for the sole purpose of providing this service to you. You may opt-out of location based services at any time by editing the setting on the Device.
Files. We collect and store the files you upload, download or access through the Pogoplug Cloud Service.
Log Data. We automatically record certain information from your Device, its software, and your activity on the Service. This information may include the IP address of your Device, browser type, access times, language, and referring Web site address. We may also collect information about the type of operating system you use, your account activity, and files you access.
As used in this Policy, the term “Personal Information” means information that specifically identifies an individual (such as a name and email address). We may use Personal Information to provide and improve our Service, to better understand your needs, to personalize and improve your experience, and to provide software updates and product announcements. We occasionally co-promote the Service with third party partners we authorize in writing (“Promoters”). If you sign up for the Service through one of our Promoters, we may share your email address with such Promoter. For example, if you sign up for the Service by clicking on a link or offer on a Promoter site or in a Promoter email, we may share your email address with that Promoter. We will not share any other Personal Information with such Promoter.
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or indicate preferences in your account settings.
We also collect some information (either directly or through third party services) using logging and cookies that could, under certain circumstances, correlate with Personal Information. We use this information as described above and to monitor and analyze the use of the Service, to administer and enhance the Service, and to verify the identity of users.
Finally, certain Devices allow the collection of real-time location-based information. We use that information as described above.
Pogoplug employees are prohibited from viewing the content of the files you store in your Pogoplug account, and are only permitted to access file metadata (file names, types, locations). We have strict technical access controls to prevent employee or contractor access to your content except in those rare circumstances where access is mandated by law or as explicitly described in this Policy.
You will have the opportunity to designate your screen name in our settings menu. Your screen name will identify you as you use the Service. You may review, update, correct or delete the Personal Information provided at any time in the settings menu of the Service. Our Service allows you to share content privately or publicly. Public content may be distributed quickly and broadly, so please use the sharing features carefully.
We may use certain trusted third party companies and individuals to help us provide, analyze and improve the Service. Those third parties may have access to your information solely for performing these tasks on our behalf and under obligations similar to those in this Policy.
We may share information with a third party application with your consent, such as when you choose to access such an application through our Service. We are not responsible for what those parties do with your information or content, so please make sure you are familiar with and accept the terms and conditions of those third party application providers.
We may release personal information in the good faith belief that release is appropriate and necessary to comply with legal process or authority (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property, or the personal safety of Pogoplug, our users, our employees, or the public; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Information about our users and our Service is one of our most important business assets. Therefore, information about our users, including Personal Information, will be disclosed as part of any merger, acquisition, or sale of all or a portion of our assets.
“Aggregate Data” is information we collect about a group or category of services or users from which individual user identities have been removed. This Policy in no way restricts or limits our collection and use of Aggregate Data, and we may share Aggregate Data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our Service and for advertising and marketing purposes.
You may delete your account at any time by contacting Pogoplug Support at email@example.com. Although we will try to remove your information quickly upon request, we may need to retain copies of your information and geo-location data as is reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
We generally follow industry-accepted standards to protect the information submitted to us, including credit card number and geo-location data, but no electronic transmission or storage is 100% secure.
In addition, you may optionally choose, through the Pogoplug Settings menu, to transmit files among Pogoplug clients and servers using 256-bit SSL (Secure Sockets Layer) encryption to the extent SSL is supported by the applicable Device.
Finally, you are free to manage your own encryption keys by applying encryption prior to uploading your files to the Service. Certain features of the Service may become unavailable if you choose to encrypt your files prior to uploading them.
Please report any security concerns to firstname.lastname@example.org.
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
Our website offers community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from a forum, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Any translation of this Policy is provided as a courtesy and in the event of a dispute between the English and any non-English versions, the English version of the Policy shall govern.
Cloud Engines, Inc. complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries and Switzerland. Cloud Engines, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Cloud Engines, Inc. certification, please visit http://www.export.gov/safeharbor.
If you have any complaints regarding our compliance with the Safe Harbor you should first contact us at firstname.lastname@example.org. If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet here.
Please feel free to contact us with any questions at email@example.com. We will respond to any requests for access to Personal Information within 30 days.
We may change this Policy from time to time. If we make any changes to this Policy, we will change the “last updated” date below. If we make any material changes we will notify you by email or by means of a notice on this website prior to the change becoming effective. We encourage you to check this Policy whenever you use our Service to understand how your personal information is used.
Last revised: April 15, 2013
Cloud Engines, Inc.
480 Pacific Avenue
San Francisco, CA 94133
At Pogoplug, we respect the intellectual property rights of others, and ask our users to do the same. If you believe that your work has been used in a way via the Pogoplug product, software, services and websites (“Service”) that constitutes copyright infringement, please provide to Pogoplug's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Pogoplug that your copyrighted material has been infringed.
Pogoplug's Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:
Cloud Engines, Inc. (“Pogoplug”) offers you various service levels that require the payment of annual or monthly subscription fees (“Pogoplug Subscription”). By signing up for a Pogoplug Subscription and providing Pogoplug with your payment account information, you hereby agree to the following payment terms and conditions.
Your Pogoplug Subscription will continue in effect unless and until you cancel your Pogoplug Subscription or we terminate it. You may cancel your Pogoplug Subscription at anytime, and cancellation will be effective immediately. If you wish to cancel your Pogoplug Subscription you may do so via your "Account" page. You must cancel your Pogoplug Subscription before it renews annually/monthly (as applicable) in order to avoid billing of the subsequent year's/month's fees to your charge card.
Pogoplug Subscriptions are prepaid and are non-refundable. POGOPLUG DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS. Should you elect to cancel, downgrade or upgrade your Pogoplug Subscription, you will not be issued a refund or credit for the most recently (or any previously) charged subscription fees.
Any translation of these terms is provided as a courtesy and in the event of a dispute between the English and any non-English versions, the English version shall govern.
Please feel free to contact us with any questions at firstname.lastname@example.org. For further information regarding your Pogoplug Subscription, please see the Pogoplug Terms of Service.
Last revised: September 5, 2012
© Copyright 2013 Cloud Engines Inc. All rights reserved.
Cloud Engines, Inc. (“Pogoplug”) warrants hardware products (including any accessories) sold exclusively under Pogoplug trademarks and brands by Pogoplug or an authorized reseller or distributor (“Product(s)”) against defects in material or workmanship as follows:
Subject to the exceptions stated below, Pogoplug will supply, at no charge, new or rebuilt replacement parts in exchange for defective parts for a period of 12 months following the date of initial end user purchase of the Product.
Subject to the exceptions stated below, for a period of 12 months following the date of initial end user purchase of the Product, Pogoplug will repair or replace, at its option, any Product that is defective. All repairs will be performed by a Pogoplug authorized service facility.
To obtain warranty service, the Product must be personally delivered, or delivered freight prepaid (in either its original packaging or packaging affording an equal degree of protection) to any authorized Pogoplug service facility, and must include proof of purchase in the form of a bill of sale or receipt that evidences that the Product is within the 12-month warranty period. The Product (or any part thereof) will be deemed defective under this warranty only if it fails to perform in substantial accordance with Pogoplug’s written documentation accompanying the Product.
Notwithstanding anything to the contrary, this warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, commercial use, or modification of or to any part of the Product. This warranty does not cover any Product for which the factory applied serial number has been altered or removed or any Product damaged due to improper voltage supply, or attempted repair by anyone other than a facility authorized by Pogoplug to service the Product. This warranty does not cover customer instruction, installation, set up adjustments, or signal reception problems. This warranty does not cover products that are expressly sold AS IS or WITH ALL FAULTS, or consumables (such as fuses). This warranty runs solely to the benefit of the initial end user purchaser of the Product.
REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER AND/OR END USER. POGOPLUG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF DATA OR CONTENT OR COMPUTER FAILURE OR MALFUNCTION) CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THE PRODUCT OR BY ANY OTHER CAUSE RELATING TO THE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH ABOVE, POGOPLUG MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, POGOPLUG EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow disclaimers of implied warranties, so the above limitations or exclusions may not apply to all end users. This warranty gives certain end users of the Product specific legal rights, and end users may have other rights under applicable law, which varies from jurisdiction to jurisdiction.
To locate the nearest service center or dealer, or for service assistance or resolution of a service problem, or for product information or operation, contact Pogoplug Support at www.pogoplug.com/support.