HERMES Home Dispatch Solution - Terms of Service
Last updated: 30 Dec 2025
Welcome, and thank you for your interest in HERMES Home Dispatch Solution, a service provided by HERMES Automation, a DBA of On The MaRK Consulting, LLC (“OTMC”, “On The MaRK Automation”, “OTMA”, “HERMES”, “we,” “our,” or “us”). These Terms of Service constitute a legally binding agreement (the “Agreement”) between you (“End User”, “Customer”) and HERMES Automation governing your access to and use of the HERMES Automation website, mobile application, Materials, software, API, products, and services provided by us (collectively, the “Service”). For purposes of this Agreement, “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with HERMES Automation, if any.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
By entering into this Agreement, and/or by accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement applies to all visitors, users, and others who access or use the Service (“Users,” “you,” or “your”). HERMES Automation reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time, by posting changes to our website. Your continued access to or use of the Service after such posting confirms your consent to be bound by this Agreement, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Eligibility
To use the Service you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Service. Additionally, you are prohibited from accessing or using the Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Service.
2. Accounts and Registration
To access and use the Service you must create an account (“Account”) by providing us with information such as your name, contact information, payment information, and additional information you may elect to provide. You must provide accurate, current, and complete information during the registration process and keep your Account information up to date at all times. You are responsible for all activity that occurs in association with your Account. HERMES Automation is not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials. Please contact us at the email address listed below if you discover or suspect any security breach related to the Service or your Account.
Cancellation of a subscription does not automatically delete or deactivate your Account. Users may cancel their subscription at any time through the “My Account” section of www.HERMES-Automation.com, and such cancellation will take effect in accordance with the applicable billing cycle. Your Account, including associated profile information and historical data, may remain on file in accordance with this Agreement and the Privacy Policy following subscription cancellation. If you wish to request deletion of your user Account, you must contact HERMES Automation by emailing [email protected]. Account deletion requests may be subject to additional verification and data retention requirements.
3. Service Features
This section provides information about some of the Service features that may be available for you to use or subscribe to.
Emergency Responders
If you use our Service, we will share information with relevant public safety authorities, such as police, fire, EMS (collectively, “Emergency Responders”), or other relevant third parties. You understand and agree that once the content of your Account is made available to Emergency Responders, it may be transmitted or otherwise made accessible through unsecured communications as part of the information disseminated to or by Emergency Responders responding to an emergency. You further understand that the content of your Account may be stored as part of a public record associated with an emergency call if required by local statutes. You understand and agree and hereby authorize HERMES Automation to release and disclose your Account information, including any User Provided Information, to Emergency Responders, or relevant third parties, in connection with the Service. You should only provide the information you want Emergency Responders to have access to. Such disclosures are further described in our Privacy Policy.
4. Your Responsibility for Device(s) and Connectivity
Services Depend on Your Equipment and Device(s). HERMES Automation is providing a software-based alert and dispatch facilitation service under this Agreement and will have no liability for the maintenance, operation, non-operation, connectivity, or failure of any of your equipment or Device(s). HERMES Automation recommends that you maintain your equipment and Device(s) according to the manufacturer’s guidelines, and that you only use manufacturer approved technicians for any repairs to your equipment and Device(s).
In order for HERMES Automation to provide the Services to you under this Agreement, you agree that:
- You will pay for and provide compatible network connectivity.
- Your equipment and Device(s) comply, and will continue to comply, with all applicable codes, regulations, and laws for the duration of this Agreement.
- You are solely responsible for the repair or replacement of any defective part of your equipment and Device(s), including any batteries, wiring, or communications.
- You will follow all manufacturer instructions for using and maintaining all of your equipment and Device(s) including the connectivity of such equipment and Device(s); and
- You assume all responsibility and liability related to the installation, maintenance, and use of your equipment and Device(s) and you will indemnify and hold HERMES Automation harmless from all liabilities, losses, damages, injuries, death, and damage to or non-operation of your equipment and Device(s), any of your property, or any other claim arising, in each case, from the use of your
Network Connectivity. You acknowledge and agree that it is your sole obligation to provide network connectivity to maintain service with an Access Provider to transmit signals between your equipment and Device(s) and HERMES Automation’s Customer Monitoring Center (“CMC”) and to ensure compatibility with any of your equipment and Device(s). HERMES Automation cannot alter the configuration of any device or network with which you are using the Services, and HERMES Automation is not responsible for the setup, operation, maintenance, or compatibility of any such equipment or network, or any telecommunications or other connectivity charges (including SMS charges) incurred by you from any Access Provider as a result of using the Services. You acknowledge and agree that you shall be solely responsible for all disputes with any Access Provider. HERMES Automation is not responsible for performance issues or failures resulting from your network equipment, and Device(s) including, without limitation, Internet latency, local area networks and non-conforming or non-compatible hardware, software, equipment or Device(s). HERMES Automation may transmit, record, store, provide, and receive unencrypted data, images, voice transmissions, e-mails, and text messages via the Internet and your Access Provider(s) in the course providing the Services to you. You will not be able to utilize the Services, automation functions, or receive e-mail or text alerts if your network connection is impaired, disrupted, or unavailable for any reason. HERMES Automation does not warrant or guarantee the integrity, accuracy, confidentiality, or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception, or other improper acts.
YOUR DEVICE WILL NOT BE ABLE TO COMMUNICATE WITH HERMES Automation IF YOUR NETWORK IS NOT OPERATING, HAS BEEN DISCONNECTED, INTERRUPTED, OR INTERFERED WITH, OR IS OTHERWISE DAMAGED OR INCOMPATIBLE. If HERMES Automation determines in its sole discretion that your communication mode is or later becomes non-compatible, or if you change to another communication mode that is not compatible, then HERMES Automation requires that you use an alternate mode of communication acceptable to HERMES Automation as the method to connect your Device(s) to HERMES Automation’s CMC.
5. Alerts and Notifications
By entering into this Agreement or using the Service, you agree to receive communications from us, including e-mails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
6. Service Availability
The Service is designed for residents of the contiguous S., Alaska, and Hawaii. HERMES Automation makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations.
We may, without prior notice and at our sole discretion, change the Service, stop providing the Service or features of the Service to you or to Users generally, or create usage limits for the Service. HERMES Automation will endeavor to take reasonable steps to notify Users prior to discontinuing such features. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
7. End User Content:
Each End User represents and warrants that they own all right, title, and interest in and to the information, video, images, recordings, transcriptions, data, content, or other materials that such End User uploads through or provides to HERMES Automation (“End User Content”) via the website, app, or any other medium. “Information” as used here includes, but is not limited to, all information the user includes in the app to be transmitted to Emergency Services, which can include Personally Identifiable Information (PII), Private Health Information (PHI), home security and utility information, and sensor data.
By uploading End User Content or allowing HERMES Automation to access such End User Content, each End User hereby grants and will grant HERMES Automation a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, transferable right and license to download, receive, collect, access, modify, copy, store, retain, record, transcribe, analyze, and otherwise use the End User Content in connection with the operation of the HERMES Home Dispatch Solution, to internally develop and approve HERMES Automation and its Suppliers products and services, in connection with other lawful internal business purposes such as quality assurance or internal training, and as required to comply with applicable law or regulation.
User acknowledges and agrees that HERMES Automation may share End User Content with third-party service providers, suppliers, contractors, and vendors as reasonably necessary to operate, maintain, support, and improve the HERMES Home Dispatch Solution, including but not limited to cloud hosting providers, communications providers, monitoring or dispatch partners, and analytics services, provided such parties are subject to confidentiality and data protection obligations consistent with this Agreement. Use and disclosure of personal information is further governed by our Privacy Policy.
8. Privacy Policy and Additional Terms
Our Privacy Policy explains how we collect, use, and share your information, and is hereby incorporated into this Agreement. You agree that your access to and use of the Service is governed by our Privacy Policy.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service. All Additional Terms are incorporated by reference into, and made a part of, this Agreement.
9. Payment
If you elect to use features of the Service that have charges or subscriptions (“Subscription”), you agree to the applicable pricing and payment terms. HERMES Automation may add new features for additional fees and charges, or amend fees and charges for existing features, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
All Subscription fees, including any applicable taxes and transaction fees, are in U.S. Dollars and payable in advance. HERMES Automation is not responsible for any charges or expenses you incur resulting from charges billed by HERMES Automation in accordance with this Agreement. By providing a credit card number or other payment method with advance authorization features (such as in-app payments from third parties like Apple or Google), you authorize HERMES Automation to continue charging the payment method for all charges due to HERMES Automation until all outstanding charges are settled and your Subscription is canceled or terminated by either you or HERMES Automation. HERMES Automation reserves the right to limit the number of Accounts that may be charged to a credit card or other payment or identification method.
Prices for Subscriptions may change from time to time, at HERMES Automation’s sole discretion. HERMES Automation will provide you with notice of any change that increases your cost either through the Service or in an email to you at least thirty (30) days before the change is to take effect. Your continued use of the Subscription after any price change becomes effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, you must cancel your Subscription via the “My Account” page on our website, www.HERMES-Automation.com. You (and not HERMES Automation) are responsible for any charges or fees payable to third parties in connection with the Service, such as ambulances, municipal alarm charges, or Emergency Responders.
Trial Period
After initial registration of certain Subscriptions, you may be given an initial trial period beginning with your first login to your Account or use of the Service. You may cancel your Subscription at any time during the trial period via the “My Account” page on our website, www.HERMES-Automation.com. If you wish to change your Subscription type, you may do so at any time (either before or after the trial period). You are limited to one trial per person (i.e., credit card or other unique payment or identification method) for any twelve (12) month period.
If you do not cancel your Subscription during the trial period, you will be charged based on the Subscription type you selected during registration. Free trial eligibility is determined by HERMES Automation at its sole discretion, and we may limit eligibility or duration to prevent free-trial abuse. We reserve the right to revoke the free trial and place your Account on hold if we determine that you are not eligible.
No Refunds
You may cancel your Subscription at any time; however, payments will not be prorated or refunded for any unused or partially used billing cycles. Your Subscription will remain active until the end of your final paid billing cycle.
Cancellation of a Subscription affects billing only and does not delete or deactivate your Account. Account status, data retention, and account deletion requests are governed by Section 2 (Accounts and Registration).
10. Limited License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. HERMES Automation reserves all rights not expressly granted herein in the Service.
11. Ownership and Proprietary Rights
Except for User Content, all data, text, images, logos, software, content, and other information and content available on or through the Service (“HERMES Automation Material”), is the property of HERMES Automation. The HERMES Automation Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to the HERMES Automation Material. Except as expressly stated in this Agreement, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any HERMES Automation Material, in whole or in part, by any means.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of HERMES Automation and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Service will be owned by HERMES Automation and handled subject to the terms of our Privacy Policy, as applicable.
References to suppliers, vendors, contractors, licensors, and third-party service providers are collectively referred to as “Suppliers” unless otherwise stated. Suppliers, or relevant third parties used by HERMES Automation, retain all rights, title, and interest in and to the Supplier Services.
12. Restrictions and Acceptable Use Policy
In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Service; (ii) circumvent, disable, or otherwise interfere with security-related features on the Service; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service; (iv) access or use the Service in any manner that may damage, disable, unduly burden, or impair any part of the Service, or any servers or networks connected to the Service; (v) post information or interact with the Service in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Service for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Service; (viii) interfere or attempt to interfere with the Service provided to any User or network, including, without limitation, via means of submitting a virus to the Service, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Service, or copy or create any derivative work of the Service; (x) use the Service in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; (xi) use your Account or the Service for the benefit of any third party; or (xii) continue use of the Service knowing that your system’s devices or configuration are causing excessive false alarms.
13. Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HERMES AUTOMATION OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HERMES AUTOMATION, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
HERMES AUTOMATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HERMES AUTOMATION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
HERMES Automation may use one or more subcontractors, suppliers, vendors or licensors (collectively, “Suppliers”) to provide monitoring, communications, signal transmission services or other services. To the extent permitted by law, the limitations of liability set forth in this Agreement shall apply to the work, products or services that our Suppliers provide, and shall apply to them and protect such Suppliers in the same manner as it applies to and protects us.”
If you live in a state that does not allow for the disclaimer of certain warranties, the disclaimer above may not apply to you.
14. Additional Disclaimers.
HERMES Automation is NOT A REPLACEMENT FOR 911, is not a monitored alarm company, and is not a life-safety system. Even if the HERMES Automation application shows connectivity, HERMES Automation and its Suppliers has no control over and does not guarantee that any alerts, messages, notifications, texts, or any other communication sent via the HERMES Automation application will be: (i) accurate, timely, or successfully sent, delivered, or received; or (ii) delivered to or responded to by any recipient or emergency responder. HERMES Automation expressly and implicitly disclaims that HERMES Automation or their use will result in: prevention of crime; apprehension or conviction of any perpetrator of any crime; detection or neutralization of any criminal, combatant or threat; proper, timely, or adequate medical treatment or medical diagnoses; preventing any loss, death, injury to any person(s) or damage to property due to any particular event or emergency (“Event or Emergency”). Event or Emergency shall include but not limited to the following: the discharge of a firearm or other weapon; crash, fall, collision, or impact; or health or medical alert. HERMES Automation cannot and does not guarantee that any emergency personnel will respond in a timely manner or at all, or that the most appropriate personnel will respond. Additionally, emergency response personnel may not respond because of local laws, regulations, or policies. HERMES Automation shall not be liable for the conduct, actions, or omissions of independent contractors, central monitoring station agents or employees, 911 dispatch center employees or agents, first responders, law enforcement, medical personnel, governmental entities, or emergency personnel; and loss, damage, or injury to person, property, or life caused or partially caused by those set forth in this subsection or interruption, failure, or defect in the HERMES Automation in communicating with suppliers, third parties, independent contractors, central monitoring station agents or employees, 911 dispatch center employees or agents, first responders, law enforcement, medical personnel, governmental entities, or emergency personnel.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HERMES AUTOMATION ENTITIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF HERMES AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE HERMES AUTOMATION ENTITIES AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
16. Indemnity
You agree to defend, indemnify, and hold HERMES Automation and its officers, directors, employees, agents, and affiliates (the “HERMES Automation Entities”) harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to: (i) your access to or use of the Service; (ii) your violation of any portion of this Agreement or any applicable law, rule, or regulation; or (iii) your violation of any third-party right.
17. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to this Agreement will be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to any Claim that all or any part of this Agreement is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
You and HERMES Automation each acknowledge and agree to waive the right to trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and HERMES Automation each retain the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property rights. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect. Any Claim or cause of action you may have arisen out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
18. General
This Agreement is governed by the laws of the State of New Jersey, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Newark, New Jersey for the purpose of litigating any dispute. The foregoing jurisdiction provision applies only to disputes not subject to mandatory arbitration under Section 17. You may not assign or transfer this Agreement or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent. If any portion of this Agreement is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of this Agreement. No waiver by HERMES Automation of any breach or default of this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement represents the complete agreement between HERMES Automation and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between HERMES Automation and you.
19. Contact
Please contact us with any questions regarding this Agreement at [email protected].