Terms & Conditions

Steadfast Terms and Conditions (“Terms”)

Steadfast Foundation Technologies, LLC (“Steadfast”) provides: (1) a user account website that may be accessed at www.slabsure.com (the “Site”), (2) services accessible through the Site (“Web Apps”), (3) software that may be downloaded to your computer, smartphone, tablet, or other devices to access services (“Mobile Apps”), and software embedded on the Products we sell (“Product Software”) all for use in conjunction with Steadfast owned and managed hardware products such as Slabsure Foundation Monitor (“Products”). The term “Services” means the Site, Web Apps and Mobile Apps. These Terms govern your access to and use of the Services, the Products, and the Product Software. Please read these Terms carefully. The term “you,” as used in these Terms, means any person or entity who accesses or uses the Services or Products and any person or entity who creates an Account (as defined below) and accepts these Terms. These terms constitute a legal agreement. By acknowledging the agreement or by accessing and using the Services (including the Sites) and the Product, you are accepting and agreeing to these terms on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to these terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and product software and to enter into this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS. THESE TERMS DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES AND PRODUCTS, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM. 

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A. THE SERVICES 

1. General
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Products or Services in connection with such features. All additional guidelines, terms, or rules and the Privacy Statement made available on our Site (“Privacy Statement”) are incorporated by reference into these Terms, and you are agreeing to accept and abide by them by using the Products or Services.

You may use the Services only if you can form a binding contract with us and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. 

2. Your Account
To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to timely notify Steadfast of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.

The need to maintain your account is strictly your responsibility.  Life events, like changing cell phone numbers and email addresses, happen.  YOU ACKNOWLEDGE THAT STEADFAST CANNOT MAINTAIN THE ACCURACY OF YOUR ACCOUNT INFORMATION AND THAT ONLY YOU CAN.  YOU FURTHER ACKNOWLEDGE THAT FAILURE TO MAINTAIN AN ACCURATE ACCOUNT MAY RESULT IN A FAILURE TO COMMUNICATE VITAL FOUNDATION STATUS INFORMATION AND THE LACK OF TIMELY FOUNDATION MAINTENANCE ON YOUR PART.

3. Right to Choose Preferred Providers.
Steadfast acknowledges that you are entitled to choose the preferred Reseller Partner that you use in connection with the Services we provide. We are available to help select a Reseller Partner at support@slabsure.com, 833-SLABSURE, and www.slabsure.com. However, once you have entered into an agreement for Services with a Reseller Partner, we will maintain that relationship. We offer Reseller Partners who have significant experience in the markets they serve so that you have a good experience.

4. Intellectual Property
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Products, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by Steadfast or its affiliates or our licensors. Your possession, access, and use of the Products, Product Software, and Services does not transfer any rights, title, or interest in or to such intellectual property rights to you or any third party. Steadfast and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Steadfast . You must have a license from us before you can post or redistribute any portion of the Services. Steadfast retains full and complete title to all content in the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein. You may choose to, or Steadfast may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Steadfast under any fiduciary or other obligation. Steadfast may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.

5. Access to Services.

Access and Use.
Subject to these Terms, Steadfast grants you access and use to the Services by

1. 1. 1. 1. 1. using the Web Apps to monitor or otherwise access a Service explicitly provided by Steadfast for your use (the “Permitted Purpose”), and
            2. installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.

Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions:

1. 1. 1. 1. 1. you agree not to sublicense, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
            2. you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;
            3. you agree not to access the Services in order to build a similar or competitive service;
            4. you agree that all data collected shall remain the exclusive property of Steadfast;
            5. you agree that access to the Services shall require an active account;
            6. except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
            7. you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Products, the Product Software, or any other system, device or property;
            8. you agree not to interfere with, disrupt, or attempt to gain unauthorized access to the Products, servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks;
            9. you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Steadfast;
            10. you agree to grant safe and timely access to your Reseller Partners, if applicable, to maintain Products placed on your property so that we may continue to provide Services to you with minimal disruptions; and,
            11. you agree not to remove, obscure, or alter any proprietary rights notices (including copyright, patent, or trademark notices) that may be contained in or displayed in connection with the Services. Any future release, update, or other addition to the functionality of the Services shall be subject to these Terms.

Security.
While Steadfast makes all reasonable efforts to follow, or implement, security best practices, Steadfast cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. To that end, you also agree to join us on that journey and help us enable necessary security changes that become available to us in the future.

Modification.
Steadfast reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice, provided that Steadfast shall use commercially reasonable efforts to provide notice as soon as possible. You agree that Steadfast will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. 

6. Agreed Usage and Limitations of the Services.

Intended Use of Services
The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond Steadfast’s control, including data connection intermittency, service provider uptime, mobile notifications, and carriers, among others.  Although active Steadfast accounts are eligible for free replacement batteries, you acknowledge that there may be service interruptions associated with the replacement of the batteries.  You acknowledge these limitations and agree that Steadfast is not responsible for any damages allegedly caused by the failure or delay of the Services. 

Reliability of Notifications
You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications for every possible future problematic situation. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR STEADFAST PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

Temporary Suspension
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. For the systems within Steadfast’s direct control, Steadfast targets an uptime of 99%.

Equipment, ISP, and Carrier
You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring and other related equipment, (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier. 

7. Indemnity
You agree to defend, indemnify and hold Steadfast, its licensors, suppliers, and Reseller Partners harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by you or any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Steadfast reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Steadfast and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Steadfast’s prior written consent. Steadfast will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

8. Fees and Payment
Certain Services may be provided for a fee, which may be payable to our Reseller Partners. You shall promptly pay all applicable fees in connection with the Services you select to the appropriate Reseller Partner or to us.  We reserve the right to suspend any account that is not in good financial status.  We reserve the right to require certain fees associated with account reactivation.  We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

9. Services Disclaimer
THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE,” AND STEADFAST, AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. STEADFAST AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEADFAST OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

B. THE PRODUCT SOFTWARE

10. License
Subject to these Terms, Steadfast grants to you a limited and nonexclusive license to use the Product Software without the right to sublicense. 

11. Open Source
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to these terms and, instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. 

12. Automatic Software Updates
Steadfast may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You hereby consent to these automatic Updates. If you do not want such Updates, you must cease using the Products. If you do not cease using the Products, you will receive Updates automatically. 

13. Product Software Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEADFAST PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. STEADFAST DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. STEADFAST MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION, THE PRODUCT SOFTWARE, AND THE PRODUCTS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND STEADFAST DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR FOUNDATION, STRUCTURES BUILT THEREON, PLUMBING, WIRING, PRODUCTS, OTHER PERIPHERALS CONNECTED TO THE PRODUCTS RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCTS.

C. THE PRODUCTS

14. Limited Product Warranty
Steadfast warrants to the original user that your Product shall be free from defect in materials and workmanship under normal use for a period of one (1) year from the date of activation (the “Warranty Period”). This limited Product warranty does not cover Product Software or Services. This limited Product warranty applies only to the original user of the Product that was acquired from an authorized reseller or sales channel and manufactured by or for Steadfast . No Steadfast Reseller Partner, distributor, agent or employee is authorized to make any modification, extension, or addition to this limited Product Warranty. If such a defect arises and a return authorization request is received by Steadfast within the applicable Warranty Period, Steadfast will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This limited Product warranty is valid only in the jurisdictions where the Products are sold by Steadfast itself or through its authorized Reseller Partner or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.

15. Limitations – Products
IN NO EVENT WILL STEADFAST BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, AND STEADFAST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS BY THE ORIGINAL PURCHASER. 

16. Product Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEADFAST DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SET OUT IN SECTION 14, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEADFAST ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE MINIMUM DURATION POSSIBLE UNDER THE APPLICABLE LAW.

D. GENERAL 

17. Limitations – Safety and Savings
You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services, are not certified or intended for emergency response. Steadfast makes no warranty or representation that the use of the Products or Services will affect or increase any level of safety. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – STEADFAST WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. The Services are no substitute for emergency services, and all life-threatening and emergency events should be directed to the appropriate response services.  STEADFAST PRODUCTS, SERVICES, AND SOFTWARE MAY BE ABLE TO PREDICT MANY COMMON FOUNDATION FAILURE MODES, AND WE WILL CONTINUE TO IMPROVE IN THESE CAPABILITIES.  HOWEVER, STEADFAST PRODUCTS CANNOT PREDICT EARTHQUAKES, TORNADOS, FLOODS, AND OTHER “ACTS OF GOD.”  We, and our Reseller Partners, may be able to interpret foundation movement after these types of events remotely, but this is not a guarantee that such inspection will be an all-encompassing evaluation of the property.  The use of Steadfast Products or Services shall not replace the use of Professional Engineering services in any jurisdiction.  While many Reseller Partners may be able to provide you with a remote foundation analysis, Steadfast does not guarantee or promise any specific monetary benefit from the use of the Products, Services, Product Software, or any feature of them. Actual monetary benefits vary with factors beyond Steadfast’s control or knowledge. From time to time, Steadfast may use the Product Software to provide you with information that is unique to you and your specific foundation, building, or structure and suggests maintenance opportunities to save money by avoiding future repairs. We, or our Reseller Partners, do this to highlight an opportunity based on our analysis and information about you and your specific situation based on the data that we gather and analyze for you. You acknowledge that these maintenance opportunities are not a guarantee of any specific future outcome or actual savings, and you agree not to seek monetary or other remedies from Steadfast if your savings differ. 

18. Limitation of Liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE DISCLAIMERS, IN NO EVENT WILL (A) STEADFAST BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES, THE PRODUCT SOFTWARE OR THE PRODUCTS, EVEN IF STEADFAST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) STEADFAST’s TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO STEADFAST OR STEADFAST’s AUTHORIZED RESELLER PARTNER FOR THE SERVICES OR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. STEADFAST DISCLAIMS ALL LIABILITY OF ANY KIND OF STEADFAST’S LICENSORS AND SUPPLIERS. 

19. Data Sharing
The following are the limited situations where we may share personal information: With your consent: We may share personal information when we have your consent. One example of this would be if you sign up for programs offered by our partners (e.g., service providers or insurance companies). If you do this, we may share certain information with our partner. This could include things like your enrollment information, the activation status of your device, and data, alerts, and/or notifications generated by the device. The Customer acknowledges that if the Customer purchases the Services through a service provider or Reseller Partner and designates any of the service provider or Reseller Partner’s personnel as Administrators of the Customer’s Services account, the service provider or Reseller Partner may be able to control account information, including customer data, and access the Customer’s Services account as described above.

20. External processing
We may have vendors, service providers, and technicians who help with some of our processing and storage. They may also assist with monitoring our servers for technical problems. These technicians (as well as Steadfast employees) may be able to access certain information about you or your account in line with this work but will not be allowed to use this data for non-Steadfast purposes. As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection. For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal processes or comply with state and federal laws. We will own and may share non-personal customer information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends about water use or frequency of floods in the home. This information may also be shared with other users to help them better understand their water usage compared to others or raise awareness about safety issues. We may also share non-personal information with our partners, for example, if they are interested in providing demand-response services or other maintenance programs. 

21. Term and Termination
These Terms and the licenses granted hereunder are effective on the date you first use the Services or the Products and shall continue for as long as you own the Products or until Service is terminated in accordance with the provisions of these Terms. At any time, Steadfast may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Steadfast in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules.  If you transfer a Product to a new owner (through the sale of the property), your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account.  The new owner may continue the use of the Products and Services so long as they have an Account in good standing in our sole determination.  Upon termination of these Terms, your Account and your right to use the Services and the licenses granted hereunder will terminate, and you must stop all use of the Products, but the terms of all remaining sections of this agreement will remain in effect after any such termination. 

22. Governing Law and Jurisdiction
This Agreement is governed by and is to be construed and interpreted in accordance with the laws of the State of Texas. You irrevocably and unconditionally submit and attorn to the exclusive jurisdiction of the courts of Texas to determine all issues, whether at law or in equity, arising from this Agreement. 

23. Assignment
These Terms and any associated rights or obligations may not be assigned or otherwise transferred by you without Steadfast’s prior written consent. However, Steadfast may assign these Terms without restriction. These Terms are binding upon any permitted assignee. 

24. Notifications
Steadfast may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on the Site. 

25. Entire Agreement/Severability
These Terms constitute the entire agreement between you and Steadfast regarding the use of the Products and Services. Any failure by Steadfast to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. 

26. Copyright/Trademark Information
All trademarks, logos, and service marks (“Marks”) displayed on the Products or Services are the property of Steadfast or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Steadfast or such respective holders. Steadfast reserves the right to alter Products and Services offerings, specifications, and pricing at any time without notice and is not responsible for typographical or graphical errors that may appear in this or in related documents. 

27. General
The Products, Services, and Product Software are deemed irrevocably accepted upon your use of the Products or the Product Software. Steadfast will have no responsibility to provide maintenance or support services with respect to the Product or the Product Software. You acknowledge that the Products and the Product Software contain valuable trade secrets and proprietary information of Steadfast , that any actual or threatened breach of this Agreement may constitute immediate, irreparable harm to Steadfast for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Steadfast reserves the right to make changes to these Terms. Modifications to these Terms will be posted at www.slabsure.com. You should ensure that you have read and agree with our most recent Terms when you use the Products and Services. Continued use of the Products and/or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

28. Resolving Disputes
We want to address your concerns without needing a formal legal case. Before filing a claim against Steadfast, you agree to try to resolve the dispute informally by contacting dispute-resolution@Steadfast.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Steadfast may bring a formal proceeding.

29. Judicial Forum for Disputes
You and Steadfast agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Harris County, Texas, subject to the mandatory arbitration provisions below. Both you and Steadfast consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

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IF YOU’RE A U.S. CUSTOMER, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

30. Arbitration Agreement
You and Steadfast agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

31. Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate by emailing legal@slabsure.com and indicating that you want to opt-out within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt-out or not opt out remains binding.

32. Arbitration Procedures
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Harris County (TX), or any other location we agree to.  The AAA rules will govern payment of all arbitration fees

33. Exceptions to Agreement to Arbitrate
Either you or Steadfast may assert claims, if they qualify, in small claims court in Travis County (TX) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Travis County, Texas to resolve your claim.

34. NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

E. Text messaging

35. SMS/MMS Opt In
Steadfast Foundation Technologies, LLC (“Steadfast”) may provide you with an opportunity to opt in to receive text messages on your wireless device. By opting in, you (i) consent to receive autodialed calls or text messages from or on behalf of Steadfast or any of its affiliates at the number you provide, and (ii) acknowledge and agree that your information may be processed in accordance with, and you are be bound by, Steadfast’s privacy policy found on our website (www.slabsure.com). Your consent to receive calls and text messages is optional and is not a condition of receiving any products or services from Steadfast or any of its affiliates.  Standard carrier message and data rates may apply. Please consult your mobile service carrier’s pricing plan. This text messaging program may not be available on all wireless carriers.

How to opt out: You can opt out from future messages at any time by emailing support@slabsure.com. You agree that if you request to opt out of future messages, we may send you an opt-out confirmation text message.

We have a global contract in place for global cellular coverage of our Products to give us the freedom install them on any structure in the world.  However, that cellular coverage is reserved for dedicated communication between our Products and our servers placed around the world.  Steadfast does not use its cellular Products to send direct messages to you.

No wireless carrier is liable for delayed or undelivered messages.  Steadfast may add or remove any wireless carrier from this program without notice.  Message frequency may vary.