Terms of Use & Privacy Policy

TERMS OF USE

Effective Date: September 1, 2021

 

Agreement.  This agreement (the “Agreement”) governs your use of the website maintained and made available by Pebble Labs Inc. (“Website”).  By using the Website, i.e., by browsing, by clicking links, and/or by clicking “submit,” you accept the terms and conditions of this Agreement, which incorporates Pebble Labs’ Privacy Policy by reference. If you do not agree with these terms and conditions or do not wish to be bound by them, then you must not use the Website.

Modification.  Pebble Labs reserves the right to modify any of the terms and conditions of this Agreement or its Privacy Policy at any time and in its sole discretion without notice.  Any such modifications will be effective immediately upon posting to the Website. Continued use of the Website following such posting confirms your acceptance of such modifications. 

DISCLAIMER

Informational Only.  The Website is provided on an “as is” and “as available” basis only.  The materials on the Website are provided for informational purposes only. While Pebble Labs uses reasonable efforts to include only accurate, complete and up-to-date information on the Website, it makes no representations or warranties as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Website, and reserves the right to change, correct or update the Website at any time in its sole discretion without notice. 

Forward Looking Statements.  The Website also contains forward-looking statements.  By their nature, forward-looking statements are subject to risks and uncertainties, and there are a variety of factors that may cause actual outcomes to differ materially from those anticipated by the forward-looking statements. These factors include situations such as ongoing scientific research and product development programs and regulatory timelines.  Forward-looking statements are provided for the purpose of presenting information to you about the current expectations and plans of Pebble Labs’ Management (“Management”) relating to the future.  Claims made in forward-looking statements might not come to pass, but they are valuable in offering a window into how Management currently views the business environment, Pebble Labs’ situation within this environment, and its goals for future growth and change.  These statements should not be read as guarantees of future performance or results.  These statements are based upon certain material factors, assumptions and analyses that were applied in drawing a conclusion or making a forecast or projection, including Pebble Labs’ experience and perceptions of historical trends, current conditions and expected future developments, as well as other factors that are believed to be reasonable under the circumstances.  Although such statements are based on Management’s reasonable assumptions at the date such statements are made, there can be no assurance that such forward-looking information will prove to be accurate, as actual results and future events could differ materially from those anticipated in such forward-looking statements.  Accordingly, you should not place undue reliance on the forward-looking statements.

No Guarantee.  Pebble Labs does not warrant that the Website, its servers, email or other communications sent from or on its behalf are free of viruses, malware or other harmful components. While Pebble Labs endeavors to make access and use of the Website safe and secure, it cannot and does not represent or warrant that the Website is or will be free of viruses, malware or other harmful components, and disclaims any liability for viruses or malware contracted visiting the Website.

No Warranties.  Except to the extent required by applicable law, Pebble Labs disclaims all warranties, whether express, implied or statutory, regarding the Website, including, without limitation, any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, privacy, security, title, interference with quiet enjoyment, and non-infringement.  Pebble Labs further disclaims any warranties that your use of the website will be uninterrupted or error free.  The Website may contain links to other websites operated by third parties.  Pebble Labs makes no representations or warranties regarding any websites, information or content that may be accessible through the Website that is not maintained, controlled or created by Pebble Labs.  

Indemnification.  To the greatest extent permitted by applicable law, Pebble Labs shall not be liable under any circumstances or under any legal theory for any direct, indirect, incidental, consequential, special or punitive damages or for lost revenues or profits, business failure or loss arising out of your use of or reliance in any way upon the Website, and you agree to indemnify, defend and hold harmless Pebble Labs and all of its officers, directors, shareholders, employees, agents and other representatives from and against any and all liability, loss or cost (including attorneys’ fees) arising out of, or related in any way to, your access to or use of the Website or and any breach by you of this Agreement.

LICENSE AND ACCESS

Grant of License.  Subject to your compliance with this Agreement, Pebble Labs grants you a limited, non-exclusive, license to access and use the Website as it is offered and made available by Pebble Labs from time to time in its sole discretion for your personal, non-commercial use (the “License”). Pebble Labs expressly reserves any and all other rights not specifically granted under the License.  

USE RESTRICTIONS. 

Revocation of License Upon Breach.  Pebble Labs reserves the right, without notice, in its sole discretion and in addition to all other rights and remedies, to terminate this Agreement without notice.  Any unauthorized use shall immediately terminate the License without notice.  Any of the following prohibited actions shall cause the License to immediately terminate without notice.  Upon termination of this Agreement, the License granted to you shall terminate immediately and Pebble Labs may block or otherwise prevent further access to and use of the Website. 

Prohibited Uses.  You agree that you will not:

  • Imply a Relationship That Does Not Exist:  Advertise, frame, link, identify, or otherwise refer to Pebble Labs in a manner that could reasonably imply an endorsement, relationship or affiliation with Pebble Labs without the express written consent of Pebble Labs;  

  • Profit from the Website: Distribute, reproduce, republish, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, the Website, in whole or in part, except with the express written consent of Pebble Labs;

  • Manipulate the Website:  Modify, adapt, alter, reverse engineer, decode or decompile, or disassemble any portion of the Website;

  • Use the Website for Illegal Purposes: Use the Website or any portion of it for any illegal or unauthorized purpose or in a manner that violates any applicable laws, regulation, legal requirement or obligation, contractual obligation, this Agreement, the rights of any person including privacy rights (e.g., spamming), or for any fraudulent purpose;

  • Use the Website to Harm Others: Transmit or otherwise make available in connection with the Website viruses, worms, or other similar software agents that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

  • Mine the Website Without Authorization: Use any manual or automatic device to retrieve, index, scrape, data mine, or in any way gather Website content without Pebble Labs’ express prior written consent.

MISCELLANEOUS.  

Severability / Waiver.  These terms constitute the entire agreement between you and Pebble Labs pertaining to the subject matter hereof.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of these terms contained herein shall remain enforceable.  The failure of Pebble Labs to act with respect to a breach of the terms of this Agreement by you or by others does not constitute a waiver and shall not limit Pebble Labs’ rights with respect to such breach or any subsequent breaches.  

Delaware Law.  Pebble Labs is a Delaware corporation.  Delaware law governs this Agreement.  By using the Website, you agree that the state courts of Delaware or the United States District Court for the District of Delaware shall be the venue for any suit, action or proceeding arising from or based on the Website, and you hereby submit to the personal and subject matter jurisdiction of these courts.

Notices.  Notices to Pebble Labs, including notices sent pursuant to the Digital Millennium Copyright Act of 1998, should be sent addressed to Legal, Michelle Henrie, 100 Entrada Dr., Los Alamos, NM 87544, with a copy to legal@pebblelabs.com.  

PRIVACY POLICY

Effective Date: September 1, 2021

 

Pebble Labs Inc. (“Pebble Labs”) is committed to maintaining the accuracy, confidentiality and security of your personal information.  This Privacy Policy describes the information that Pebble Labs collects about you or from you due to your use of Pebble Labs’ website (“Website”).  By using the Website, e.g., by browsing, by clicking links, or by clicking “submit,” you accept the terms and conditions of this Privacy Policy. If you do not agree with these terms and conditions or do not wish to be bound by them, then you must not use the Website. 

 

This Privacy Policy describes how we collect and use two different categories of information: (a) usage related information and (b) personally identifiable information.  

 

USAGE RELATED INFORMATION 

 

“Usage Related Information” is information that Pebble Labs collects or obtains regarding your use of the Website that does not directly identify you.  While Usage Related Information is not personal information for purposes of this Policy because it does not identify you as an individual person, we will treat it as personal information in the rare event and to the extent that we link it with other identifying information to result in Personally Identifiable Information (defined below) about you.

 

Squarespace.  The Website is hosted by Squarespace. Squarespace collects personal data when you visit this Website, including:

  • Information about your browser, network and device

  • Web pages you visited prior to coming to the Website

  • Your IP address

Squarespace needs the data to run this Website, and to protect and improve its platform and services.  Squarespace analyzes the data in a de-personalized form.

 

Analytics.  The Website collects personal data to power Pebble Labs’ site analytics, including:

  • Information about your browser, network, and device

  • Web pages you visited prior to coming to this website

  • Your IP address

This information may also include details about your use of the Website, including:

  • Clicks

  • Internal links

  • Pages visited

  • Scrolling

  • Searches

  • Timestamps

Pebble Labs shares this information with Squarespace, its website analytics provider, to learn about site traffic and activity.

 

Cookies.  The Website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app.  For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.

 

Fonts.  This website uses font files from Google Fonts and Adobe Fonts. To properly display the Website to you, servers where the font files are stored may receive personal information about you, including:

  • Information about your browser, network, or device

  • Your IP address

 

PERSONALLY IDENTIFIABLE INFORMATION

 

“Personally Identifiable Information” means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.  


How Collected.  Pebble Labs does not collect Personally Identifiable Information through the Website unless such information is provided by you to Pebble Labs.  Pebble Labs collects Personally Identifiable Information about you when you submit information through the “Contact Us,” “Apply Today,” or “Partner With Us” features of the Website.  


What is Collected?  Personally Identifiable Information collected about you when you submit information to Pebble Labs through the Website includes: your name, your contact information including email address, and any other information you submit in your message to Pebble Labs. 


How Used, By Whom, For How Long?  Pebble Labs uses Personally Identifiable Information it collects about you to answer the inquiry or request you submitted.  In this regard, Pebble Labs may need to share your Personally Identifiable Information with its employees and/or professional advisors to appropriately respond, e.g., recruiting and hiring.  Pebble Labs reserves the right to retain the Personally Identifiable Information it collects for as long as necessary to permit it to use such information for the stated purpose and to comply with applicable law or regulations. 


Security.  Pebble Labs shall ensure that any party with whom it shares your Personally Identifiable Information pursuant to the prior paragraph has appropriate safeguards in place to reasonably ensure the protection of your information.  Because no method of transmission over the Internet or method of electronic storage is 100% secure, Pebble Labs cannot guarantee the absolute security of your Personally Identifiable Information, and it is not responsible for unauthorized access to your Personally Identifiable Information by hackers or others who have obtained access through illegal means, and you agree that you use of the Website is at your own risk.  If you link to a third-party site from the Website, any information you reveal on that third-party site is not subject to this Privacy Policy and outside of the control of Pebble Labs. 


Destruction.  Once your Personally Identifiable Information is no longer required to fulfill the stated purpose or to comply with applicable laws, it will be either destroyed or converted into an anonymous format.


Does Not Sell.  Pebble Labs does not sell, rent, trade or otherwise share your Personally Identifiable Information to third parties for their marketing purposes.  


No Guarantee.  Pebble Labs uses a combination of physical, technical, and administrative safeguards to protect the Personally Identifiable Information it collects. While Pebble Labs uses these precautions to safeguard this information, it cannot guarantee the security of the networks, systems, servers, devices, and databases it operates, or that are operated on its behalf.


MISCELLANEOUS.  


Not For Those Under 18.  No part of the Website is directed to persons under 18, and Pebble Labs does not knowingly collect or maintain Personally Identifiable Information and/or Usage Related Information from persons user 18 years of age through the Website.  Please do not use or access the Website if you are under 18 years of age.  


United States Law.  The Website is hosted in the United States and is governed by United States law.  If you are accessing the Website from a location outside of the United States which has its own laws or rules governing personal data collection, your continued use of the Website shall be deemed to be consent to the terms of this Privacy Policy notwithstanding what may be required by your local governing law.


Reservation.  Pebble Labs reserves the right to use or disclose Personally Identifiable Information and/or Usage Related Information if the company believes that use of disclosure is necessary to protect Pebble Labs’ rights, to detect fraud, security or technical issues, to protect against imminent harm, to comply with applicable law or regulation, a judicial proceeding, court order or legal process, or as otherwise required or permitted by law.