This user agreement is between the individual consumer adopting these Terms (me) and each person or entity that Intentionally causes Physical Changes to My System for a business purpose (you). “You” shall include any person, entity, device or system under your control or operated on your behalf.
These Terms shall be effective upon activation of a Digital Marker on My System. These Terms may be changed by me at any time after adoption, provided that such changes shall not have retroactive effect and provided that you shall be afforded reasonable advance notice thereof.
I authorize MYUSERAGREEMENT LLC to make technical changes to this agreement based on market response or for legal reasons where MYUSERAGREEMENT LLC determines in good faith that such changes are likely to be in the public interest, provided that MYUSERAGREEMENT LLC shall publicly disclose the nature of any such change before such change becomes effective.
I retain the right to opt out of MYUSERAGREEMENT at any time by giving notice thereof to MYSUERAGREEMENT LLC.
Subject to the terms and conditions set forth herein, I grant you a limited license to cause, directly or indirectly, Physical Changes to My System so long as: (1) you believe in good faith that I have consented to such Physical Changes after having been informed of all material facts and risks in relation thereto in a manner an ordinary person can understand; and (2) you comply with these Terms.
You shall not Intentionally Discriminate in any manner that could reasonably be expected to result in a Negative Impact on me and a benefit to you.
STANDARD OF CARE
You will take reasonable precautions to avoid unintended or unauthorized use of My Data.
You shall not use or Intentionally permit others to use data derived from the contents of my Private Communications with third parties for any business purpose other than to effectuate such Private Communications.
To the maximum extent permissible under applicable law, any legally enforceable provision contained in Your Terms shall be interpreted in a manner consistent with these Terms. In the event that any court or government authority determines that there exists a conflict between these Terms and either Your Terms or any applicable law, such court or authority shall give the maximum legally permissible effect to these Terms.
NO WAIVER WITHOUT INFORMED CONSENT
These Terms may not be waived by me, and no conflicting provisions in Your Terms shall be enforceable against me, unless in each case I am informed in advance of all material facts and risks relating thereto in a manner that an ordinary person can understand and under circumstances where an ordinary person can be expected to make an informed decision.
“Digital Marker” means data or software code readily detectable by you that is installed on My System by MYUSERAGREEMENT LLC to evidence adoption of these Terms.
“Discriminate” means to offer or withhold a product or service (including varying the type, quantity, quality, price and/or terms thereof) based on Sensitive Information.
“Intentionally” has its normal meaning and shall include without limitation use of any data processing, statistical or logical system or method involving human and/or statistical inference.
“My Data” means data available to you from any source, including without limitation personally identifiable information, Sensitive Information, location information, web searches and results, clickstream and browsing data, Private Communications, transaction records, form entries, surveys, or any element or subset of any of the foregoing, or any files, databases, or analyses, combinations or compilations of any of the foregoing, in each case that can reasonably be related to me or My System.
“My System” means any computer, smartphone, tablet or other internet-enabled device, account or system regularly used by me that has adopted a Digital Marker and that is readily capable of digital communication, directly or indirectly, with any system or device operated by you or on your behalf.
“Negative Impact” means a risk, obligation, cost or loss (including without limitation loss of opportunity or loss of discount) that a reasonable person would not be expected to prefer and that is not imposed uniformly on all individuals undertaking substantially similar transactions.
“Physical Change” means the transmission, receipt or storage of data and/or code or the execution of code, including without limitation the storage or display of text, graphics, images, sound, video, advertising and commercial offers.
“Private Communications” means communications not addressed to you that a reasonable person would conclude are not intended to be public that are transmitted over landline, cellular, satellite or cable networks, including without limitation any associated voice, sound, image, video, document, file, text/SMS, or email content.
“Sensitive Information” means any portion of My Data sufficient for you to make a statistically relevant inference materially related to my race, gender, national origin or ethnicity; sexual orientation and/or sexual activity; religious, philosophical or political belief or affiliation; mental or physical disability, health condition or treatment; financial resources other than minimum acceptable creditworthiness; facts that an ordinary person would consider embarrassing, secret, confidential or proprietary; addiction, compulsion or habit (including without limitation substance or alcohol addiction and compulsive gambling or shopping); Private Communications; and/or urgent or essential needs.
“Service” means any service provided by you that directly or indirectly involves use of My Data.
“Your Terms” means the terms set forth in a contract offered by you that you deem accepted by me that purport to govern collection and use by you of any of My Data.
Copyright Notice: Copyright in these Terms belongs exclusively to MYUSERAGREEMENT LLC, which retains all rights thereto. These terms may not be reproduced in whole or in part for any commercial purpose without prior permission of the copyright owner.