Terms and Conditions

(Effective as of August 1st, 2013)

Thank you for being a Temp Stick™ customer. Please review the following terms carefully (the “Terms of Use” or “Agreement”). The following Terms of Use apply to your use of any Temp Stick product or service, including your use of the website at and use of the Temp Stick application (the “Temp Stick App”) downloadable for desktops, tablets and mobiles phones. By accessing, using, viewing, downloading or otherwise accessing or interacting with any Temp Stick product or service, you expressly signify your consent to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use any Temp Stick product or Service.

GENERAL TERMS
  1. THE COMPANY. Temp Stick is trademark of Ideal Sciences, Inc. D/B/A Temp Stick, a corporation formed under the laws of the state of Utah (the “Company”). These Terms of Service constitute an agreement between you (the user, customer, or prospective user (collectively “User”) and the Company. Through use of Temp Stick’s products and/or services, you recognize the Company as a party to this contract.
  2. SEVERABILITY. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
  3. SHORTENED STATUTORY PERIOD. You agree that any cause of action related to or arising out of your relationship with the Company, or from use of its products or services, must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  4. CHOICE OF LAW. These Terms of Use and your use of the Site are governed by the laws of the United States of America and the laws of the State of Utah, without regard to conflict of law provisions. Any dispute arising between the Company and you will be adjudicated in, and under, the laws of the state of Utah.
  5. TRANSFERABILITY. The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
  6. FURTHER DISCLAIMERS AND LIMITATIONS ON LIABILITY.

    A. Alerts and Monitoring Service Disclaimer. The Company provides alerts to aid users, including humidity and temperature data (the “Service”). Ideal Sciences and Temp Stick shall not be liable for accuracy, usefulness or availability of data transmitted via the Service. Users are solely responsible for damages to persons or property by Service use. (2) Telecom service providers may charge users for messages and other services depending on the user’s phone plan. Standard messaging and data rates may apply. Customers may be unable to receive text messaging or data service in some areas due to inavailability of coverage or other technical issues.

    B. LIMITATION ON DAMAGES; RELEASE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS, AGENTS OR PARTNERS, BE LIABLE TO YOU IN AN AMOUNT OF MONEY EXCEEDING THE TOTAL YOU HAVE PAID TO THE COMPANY FOR:

    • ANY LOSS OF PROFITS, USE, OR DATA;
    • ANY LOSS NOT CAUSED BY OUR BREACH OF THESE TERMS OF USE;
    • ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM:
      1. THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
      2. YOUR USE OR INABILITY TO USE THE SERVICE;
      3. THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE;
      4. ANY LOSS WHICH WAS NOT REASONABLY FORSEABLE AT THE TIME YOU AGREED TO THESE TERMS OF USE; OR
      5. ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. The total liability of the Company and its affiliates, agents, officers, employees, licensors and partners shall not exceed the amount you paid to the Company for products and services. Nothing in these terms is intended to exclude or limit the liability of the Company for fraud, fraudulent misrepresentation or other liabilities which cannot be excluded by law. Nothing in these Terms of Use shall be interpreted to abrogate your statutory rights.

    C. WARRANTY DISCLAIMER. THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

  7. MODIFICATION OF THE TERMS OF USE. You agree that the Company can amend these Terms of Use at any time by updating these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. By continuing to use the Company’s product, service, or website, you signify your agreement to our revisions to these Terms of Use. We will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these terms set forth herein (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
  8. PRIVACY POLICY. The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use our products, services or website, you signify your agreement to this Privacy Policy.
  9. YOUR REGISTRATION AND USE OF OUR SERVICES.

    A. Age Restrictions. You need to be at least 13 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

    B. Use Restrictions. Your permission to use our Service and products is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

    • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
    • Use the service for any unlawful purpose or for the promotion of illegal activities;
    • Attempt to, or harass, abuse or harm another person or group;
    • Use another user’s account without permission
    • Provide false or inaccurate information when registering an account;
    • Interfere or attempt to interfere with the proper functioning of the Service;
    • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
    • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
    • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

    C. Posting and Conduct Restrictions. When you create your own personalized account, you may be able to provide certain information online ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

    D. Copyright protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online.

    E. Your License Grant. By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

    F. Our Software License Grant. Our Service includes downloadable client software including the Temp Stick App. This software may update automatically on your device once a new version or feature is available. The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Temp Stick App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Company products and Service in accordance with these Terms of Use. You may not copy, modify, distribute, sell, or lease any part of the Temp Stick App, nor may you reverse engineer or attempt to extract the source code of that software.

  10. INTELLECTUAL PROPERTY. You acknowledge and agree that the Company and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement. Through use of Temp Stick’s products and/or services, you recognize the Company as a party to this contract and the validity and subsistence of the Company’s Temp Stick trademarks.
  11. EMAIL NOT NOTICE. You acknowledge and agree that Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
  12. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM. For contractual purposes, you (a) consent to receive communications from the Company in an electronic forms including via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

    We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to remove@tempstick.com or mail to the following postal address:

    Customer Support
    90 West 500 South #335
    Bountiful, UT 84010
    +1 888.263.6973

    Opting out may prevent you from receiving messages regarding the Company or special offers.

  13. USER CONSENT YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT (tempstick.com/privacy) REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.