Terms & Conditions

Terms of Use Agreement
Last Updated: August 2021

 

  1. AGREEMENT BETWEEN USER AND CEDAR

The COBRA.COM website, the ESCORTRADAR.COM website, the DRIVE SMARTER mobile app, the iRadar mobile app, the Drive-HD app and the Content and Products (as defined below) contained hereon (collectively referred to as "the Site" unless specifically stated otherwise) are made available to you pursuant to the following Terms of Use and any other rules or policies posted on the Site (collectively referred to as the "Agreement") and govern the terms under which you, the user (“you” or “your”) may access and use the Site. All such rules and policies, including the Privacy Policy are incorporated by reference into this Agreement. By accessing, browsing and/or using the Site, including without limitation making any purchases of Products through the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any provision of this Agreement, you are not authorized to access, browse or use the Site, including without limitation making any purchases of Products through the Site, for any purpose.

 

The Site is owned and operated by Cedar Electronics Corporations, its subsidiaries - including, Cobra Electronics Corporation and Escort, Inc. - and affiliates (“Cedar”, “we” or “us”). This Site may be used as an information source and/or may be used to purchase goods through this Site. Any such goods displayed or purchased through this Site are referred to herein, individually or collectively, as "Products."  We reserve the right to modify this Agreement at any time without giving you prior notice. You are responsible for regularly reviewing this Agreement. Your use of the Site, including purchase of any Products, following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.

 

  1. USE OF THE SITE

You agree to use the Site and the Content only for lawful purposes and not to allow others to use your account, the Site, or the Content for any unlawful purpose or in a manner prohibited by this Agreement’s terms, conditions and notices.  Use of the Site or Content in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited.

 

Your use of the Site or any of the Content available through the Site constitutes your acknowledgement that the Site and the Content contain proprietary and confidential information owned by us or other third parties. You may not alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Content or the Site or any materials thereon. You may not use, reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third-party (including, without limitation, on or via a third-party website), attempt to discover source code, or sell in any way any Content or Products included on the Site without the express prior written permission of us or other applicable third parties. Trademarks, service marks, and trade dress owned by us or other third parties may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the applicable third-party.

 

We hereby grant to you, subject to this Agreement, a nonexclusive, non-sublicensable, non-transferable, limited license, during the term of this Agreement, to view, use or print the Content which is made available for review on this Site, including without limitation, available user manuals and documentation of your purchase of any Products through this Site, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Content.  Except as expressly permitted above, any use of any portion of the Site or Content without our prior written permission is strictly prohibited and will terminate the license granted herein.  This limited license, unless explicitly stated herein, may to be construed as conferring rights to any intellectual property, whether by estoppel, implication or otherwise.  This license is revocable by Cedar at any time, for any reason, in its sole discretion.  Any unauthorized or prohibited use of any Content or the Site may subject you to civil liability or criminal prosecution, or both, under applicable law.

 

Some Products on the Site may not be appropriate or available for use or Purchase in all states. Accessing any such Content, materials, links and other information from certain jurisdictions outside of the United States may be illegal and prohibited. Accessing any of the foregoing from any jurisdiction outside the United States is done at your own initiative and we are not responsible for your compliance with any laws imposed by such jurisdiction. You hereby agree that you shall not access any of the foregoing where prohibited by any applicable law. We reserve the right to refuse shipment of Products to any location where such shipment could be in violation of any applicable state laws or other applicable law.

 

  1. SECURITY

You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Products or interfere with any other party's use and enjoyment of the Site or any Content or Products. You may not attempt to gain unauthorized access to any accounts not registered to you, or computer systems or networks owned and operated by us through hacking, password mining, or any other means. Violations of our system or network security may result in civil or criminal liability.

 

  1. Account information and billing

You are not required to have an account to purchase Products on the Site. However, you can create a secure user account with a unique user name and password combination.

 

If you choose to create a user account, you must provide current, complete, and accurate information to us in connection with your account and/or purchase of Products in order to receive Products from the Site. It is your responsibility to keep the information that you provide to us up to date and we will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us. 

 

When purchasing Products through the Site, we will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information. Your purchase of Products through the Site constitutes your acknowledgement that you are of legal age and capacity to form a binding contract, and if not of legal age or capacity, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Products available on the Site by any local, state or national law. If we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate any current or further purchases by you through the Site and to refuse any and all current or future use of the Site or any portion of the Site by you, for any reason at any time.

 

You are solely responsible for maintaining the confidentiality of your account information and for restricting access to your computer and handheld devices, and you agree to accept responsibility for all activities that occur under your account or password, including, but not limited to, any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password, until you have effectively notified us of the compromised credentials and allowed us to suspend the compromised account. We reserve the right to take any and all action, as we deem necessary or advisable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of (i) any action or inaction by us with respect to these matters, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password until you have effectively notified us of the compromised credentials and allowed us to suspend the compromised account. Any unauthorized use of the Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

 

You hereby agree to immediately notify us if you become aware of or believe there is, or may have been, any unauthorized use of your user name or password or any other need to deactivate or change your user name or password due to security concerns.

 

  1. ORDERING ONLINE, PURCHASING PRICES, TAXES, FEES AND OTHER CHARGES AND PAYMENT METHODS

The price of any Products purchased through the Site will be the price specified at the time of your purchase. Prices for all Products exclude applicable taxes, disposal fees and shipping and handling charges unless otherwise indicated at the time of purchase. To the extent permissible by law, you agree to be responsible for any such applicable taxes, disposal fees and shipping and handling charges, tariffs and customs taxes, as applicable. We reserve the right to collect applicable taxes and impose applicable disposal fees and/or shipping charges on all Products purchased from the Site.

 

Payment may be made via Visa, MasterCard, American Express, and Discover cards (collectively referred to as the "Cards"). Upon presentation of a Card, you warrant that you are the cardholder or have the permission of the cardholder to use the Card and that the billing information provided is accurate. By purchasing Products by use of a Card, you authorize us to charge the Card for the purchase price of the Products being purchased, plus any taxes, disposal fees and shipping and handling, if applicable.

 

As mentioned below in the section, “Third-party websites and third-party services,” third-party services such as payment processing by Card issuers or PayPal payment processing is subject to any terms, conditions, restrictions, limitations, warranties or representations of the third-party payment processor.

 

Web orders will normally ship the next business day if received by us before 2pm CET. Orders do not ship on weekends or most holidays. All standard deliveries are Monday-Friday only. 

 

Ordering Online with us is safe and secure!  We employ a method of interaction with our visitors that does not compromise credit card information. The charge on your billing statement will appear as  a Cedar Electronics Holdings Corp Company.

 

For U.S. consumers, a note about the Fair Credit Billing Act. Under this act, your bank limits your total loss and cannot hold you liable for more than fifty dollars of reported fraudulent charges. In the event your card is used in a fraudulent manner, you must notify your bank or card issuer immediately and in accordance with its reporting rules and procedures.

 

We encourage you to feel comfortable using your credit card to conduct commerce on our site. If you would rather place your order by phone, you may call us at 773-889-3087or globalsupport@cobra.com.

 

  1. SHIPPING INFORMATION

We ship only to certain EU countries.  We need a physical address for shipping. Sorry, no P.O. Boxes or APO/FPO addresses.  Shipping charges are calculated on a per-product basis. Please make note of the shipping charges associated with each item.  Free ground shipping is included all countries we cover.

 

For your protection, some orders shipped via UPS may require a signature for delivery.

 

  1. Offers, Coupons and Gifts

We may offer users of the Site discounts, coupons, promotions and other offers (“Offers”).  Offers may come in a variety of forms including a coupon, coupon code, promotional code or any other similar medium.  Unless expressly stated otherwise, all Offers are non-transferrable and users may not combine multiple Offers or otherwise misuse any Offer (“misuse” to be determined by Cedar in its sole discretion).  We reserve the right to, at any time and with or without prior notice, cease honoring any Offer or to impose conditions on the redemption thereof.  As mentioned below, Cedar may terminate your purchase of any Products at any time and for any reason, including your violation of this section of this Agreement.

 

Offers may also include the ability to receive from a third-party, certain services, such as discounts, gift cards or other offers that may be used with third-party merchants and service providers (“Third Party Offers”).  Third Party Offers are subject to compliance with all eligibility (e.g., purchase requirements) and redemption requirements and all other terms presented with the Third Party Offer, including terms of applicable third-party merchant or provider.  Neither Cedar nor any of its affiliates is responsible or liable for any Third Party Offers, including your redemption or third-party fulfillment of the Offer.  We reserve the right to, at any time and with or without prior notice, cancel any Third Party Offer.     

 

  1. RETURN / REFUND policy

We assume no liability for purchaser error, Offers not provided at the time of purchase, or any other errors related to your actions or choices.  If you have questions about an order that you have already placed, did not receive Products that you purchased, or questions about Products that you already own, please email us to globalsupport@cobra.com.

 

All of our products purchased factory direct come with a 28 day money-back guarantee. If you are not absolutely delighted with your purchase, we will take it back, no questions asked. You pay only the shipping. Please contact us to globalsupport@cobra.com. Custom installed systems may not be returned if the package has been opened.

*Initial shipping fees are not refundable.

 

Notwithstanding the foregoing, in no event shall we be liable for any replacements, defects or other problems associated with purchases of Product through the Site after a period of thirty (30) calendar days has expired from the date of such purchase, as applicable.

 

EU Consumers.  Right of withdrawal from their purchase, in the same conditions as set in the above section, i.e. without giving any reason, within 14 days from the date you or a person appointed by you, other than the parcel service provider, has received the goods (or, in case of an order comprising several parcels, from the receipt of the last parcels corresponding to that order). To exercise such right, consumers must inform Cedar by an unambiguous notice (i.e. by postal letter, telefax, or email) that he/she wishes to revoke the agreement. An email sent to globalsupport@cobra.com stating that consumer is exercising their right to revocation from an email address that the consumer may receive confirmation of receipt of such email. For meeting the deadline for withdrawal, it is sufficient to send out the withdrawal notice before the deadline expires.

 

  1. LINKS TO THIRD-PARTY WEBSITES AND Content

Hyper-linking to the Site for any purpose is prohibited, without the express consent of Cedar.  The Site may contain links to third-party websites and content, including links to websites of any third-party such as international dealers, payment processors, and providers of Third Party Offers, and are provided as a service to users of the Site.  We are not responsible for the maintenance, content or suitability of any third-party website or any content in that website.  Linking to any third-party website or use of any third-party products or services is at your own risk, and you are responsible for viewing and abiding by the privacy statements, terms of use and any other terms posted at any third-party website or otherwise made available by the third-party.

 

Any third-party product or service referenced in the Site, payment processing and the provision of Third Party Offers, is provided solely as an added convenience to you and does not endorse, adopt, sponsor or recommend any such third-party site or content.  We assume no liability or responsibility for any third-party service or product, or any loss and/or damage that arises out of or that occurs in connection with your use or reliance on any content, product or services available through third-party sites or content. Furthermore, we disclaim any liability or responsibility for any product or service supplied by a third-party, including those that result in additional or unanticipated work by that third-party beyond the scope of work originally anticipated by the user and the third-party.  If you encounter an issue with respect to third-party products or services, you should contact the third-party providing those services or products. 

 

  1. GENERAL DISCLAIMERS AND Limitation of liability

TO THE FULL EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, SHALL WE OR ANY OF OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, DEVELOPERS, LICENSORS, SUCCESSORS, ASSIGNS OR THIRD-PARTY DEALERS OR RESELLERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OR INJURY, OF ANY NATURE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCTS OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR INJURY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS OR YOUR USE OF THE SITE.

 

WE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER USERS, THIRD PARTIES, OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

 

YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE IS TO DISCONTINUE USING THE SITE.  TO THE FULL EXTENT ALLOWED UNDER APPLICABLE LAW, WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER, HANDHELD DEVICE, OR OTHER COMMUNICATIONS DEVICE USED TO ACCESS THE SITE, OR FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY MATERIAL POSTED BY US OR ANY THIRD-PARTY ON THE SITE.

 

NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE SITE OR TO DOWNLOAD CONTENT OR MAKE PURCHASES OF PRODUCTS.

 

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT, PRODUCTS, AND THE SITE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR INJURY INCURRED BY YOU OR ANY OTHER PERSON THAT MAY RESULT FROM YOUR USE OF THE CONTENT OR THE SITE.

 

THE TERMS OF THIS LIMITATION OF LIABILITY SECTION ARE SUBJECT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEGISLATION, AND/OR REGULATION.

 

  1. Warranties

PRODUCT WARRANTIES AND CLAIMS: Each product we manufacture is covered by our factory warranty. While each product may have unique components and policy, the general guideline below will apply to most CEDAR products. All CEDAR products purchased factory-direct or from our Authorized Resellers will come with a full one to three (1-3) year warranty against all defects in materials and workmanship from the date of the original retail purchase. (Please see owner’s manual for actual device warranty term information).

 

Standard accessories packaged with each model will have a one-year factory warranty.  Accessory items have a one-year factory warranty.

 

To make a warranty claim, we will require proof or purchase in the form of an invoice or receipt.  No proof of purchase is required for factory direct purchases. CEDAR, at our sole discretion, will repair or replace your product (with the same or comparable product) free of charge.

 

For the sake of clarity, ‘repair or replace the Product or its defective part’ does not include removal or installation work, costs or expenses which include but are not limited to labor costs or expenses.

 

Shipping to our facility is not covered in our warranty. CEDAR will not pay shipping charges that you incur for sending your product to us. Products received COD will be refused. CEDAR will not be responsible for lost packages.

 

This warranty is non-transferrable.

 

Warranty Exclusions: Warranty does not apply to your product under any of the following conditions: 1. The serial number has been removed or modified. 2. Your product has been subjected to misuse or damage (including water damage, physical abuse, and/or improper installation). 3. Your product has been modified in any way. 4. Your receipt or proof-of-purchase is from a non-authorized dealer or internet auction site including E-bay, U-bid, or other non-authorized resellers.

 

LIMITATION OF WARRANTY: EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULL EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE THAT YOU ARE ACQUIRING THE PRODUCT "AS IS" AND "WHERE IS", WITHOUT REPRESENTATION OR WARRANTY. WE HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS TO ANY INFORMATION, CONTENT, SERVICES, AND RELATED MATERIALS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. CEDAR SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF THE USE, MISUSE OR MOUNTING OF THE PRODUCT.

 

GENERAL WARRANTY STATEMENTS: WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION THIRD-PARTY DEALERS OR RESELLERS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON ANY LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, WE DO NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE. THE ONLY WARRANTIES GIVEN TO YOU RELATING TO THE PRODUCTS, IF ANY, ARE THOSE PROVIDED WITH THE PRODUCTS THEMSELVES.

 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL WE BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR PRODUCTS UNDER ANY CIRCUMSTANCES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT OR ANY SERVICES OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, SERVICES, OR PRODUCTS WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE CONTENT, SERVICES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

ANY REFERENCE TO ANY PERSON, ENTITY, PRODUCT, MATERIAL OR SERVICE ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY US OR ANY OF OUR EMPLOYEES OR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY WEB PAGE ACCESSED FROM THE SITE, INCLUDING THIRD-PARTY DEALERS OR RESELLERS, NOR DO WE WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY THIRD-PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

 

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND US OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL CONSTITUTE A WAIVER OF ANY LIMITATION OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. INDEMNITY

You agree to release, indemnify, defend, and hold harmless us and our subsidiaries, affiliates, third-party installers, employees, officers, directors, stockholders, agents, developers, licensors, successors, and assigns from all liabilities, claims, demands, lawsuits, judgments, damages, costs, and expenses, including reasonable attorneys' fees and court costs, made by any third-party due to or arising out of or in connection with your connection to and use of the Site, Content or Products, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, and infringing of intellectual property or other rights. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

 

  1. TRADEMARK AND COPYRIGHT OWNERSHIP AND NOTICES

All software, object code, source code, schematics, data (including metadata), text, sound, graphic material, audio and video material, photographs, illustrations, artwork, images, documents, papers, instructions, proprietary information and all copyrightable or otherwise legally protectable elements of the Site or available on or through the Site, including, without limitation, all trademarks, service marks and trade names (individually and/or collectively, the "Content,") are our property or the property of our subsidiaries, affiliates, or other third parties and are legally protected under all applicable local, state, national and international intellectual property and other laws, regulations and treaties.

 

The Cedar name and logo, and certain other trademarks affiliated with Cedar located on the Site are our trademarks or registered trademarks. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with our or the applicable owner's permission. Fair use of any such trademarks requires proper acknowledgment. All rights not expressly granted herein are reserved.

 

All Content and other materials published on the Site are protected by copyright, and owned or controlled by or licensed to us, or the party listed as the developer of the Content or other materials. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in this Agreement or in a separate license agreement, neither we nor our affiliates, developers, licensors, successors, or assigns grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content on the Site is Copyright © 2021 Cedar Electronics Corporation unless specified otherwise. ALL RIGHTS RESERVED.

 

14.  Copyright Policy

Cedar respects the intellectual property rights of others. It is Cedar’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

 

To submit a copyright infringement notification to Cedar relating to a Site, including but not limited to Reviews, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or, as applicable, other laws, by providing the below-specified Copyright Agent with the following information in writing:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  

  1. TERMINATION

We may terminate your (a) access to the Site and/or the Content; (b) your purchase of any Products; and/or (c) your password and/or account or any portions thereof, in each case (a) through (c), at any time and for any reason, with or without cause, with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

 

  1. GOVERNING LAW

Any claim or cause of action arising out of or related to the use of the Site, the Content, or this Agreement must brought within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary. You hereby expressly waive your right to commence any arbitration or litigation after such one (1) year period. In the event any such claim or cause of action is not submitted to arbitration or filed with the appropriate court, as applicable, within such one (1) year period, such claim or cause of action shall be forever barred.

 

  1. Miscellaneous

Waiver/Course of Conduct. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.

 

Assignment. We may assign our rights and duties under this Agreement, in whole or part, to any party in its sole discretion at any time without your permission and without notice to you.

 

Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of this Agreement.

 

Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter contained herein and supersedes all prior proposals, discussions, or agreements with respect thereto.

 

Mediation of Consumer Disputes. In the event of a complaint, the user of the Site, who may be qualified as a consumer within the meaning of the preliminary article of the French Consumer Code, can contact Cedar’s Customer Service by email at the following address: globalsupport@cobra.com. In the event of a persistent disagreement, in accordance with Article L 211-3 of the Consumer Code, the consumer user is informed of the possibility of having recourse, after having referred the matter to Cedar’s Customer Service in writing, to a conventional mediation procedure by entering the CMFM in writing, online at www.mediationcmfm.fr or by post at the following address: Médiation CMFM, 21 rue des Malmaisons, 75013 Paris.

 

  1. NOTICES

If you know or suspect that any Content or other materials or portions of the Site constitute copyright infringement or other violations of local, state, national, or international intellectual property laws, please notify us.

 

  1. CEDAR CUSTOMER SERVICE

Email us to globalsupport@cobra.com