Terms and Conditions
Terms and Conditions
Last updated: March 6,2023
- PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU START TO USE THE WEBSITE AND APPLICATION. BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT ON PAPER SIGNED BY YOU. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD THE APPLICATION AND DELETE IT FROM YOUR DEVICE. PLEASE NOTE, IF YOU DO NOT USE THE WEBSITE AND APPLICATION, YOUR USE OF VESYNC CONNECTED DEVICES WILL BE LIMITED, AND YOU WILL NOT HAVE ACCESS TO ALL THE FUNCTIONALITIES AND FEATURES AVAILABLE TO YOU.
- DISPUTES WILL BE ARBITRATED; NO CLASS ACTIONS. YOU ACKNOWLEDGE THAT THIS AGREEMENT, IN SECTION 30 BELOW, CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND THE COMPANY. EXCEPT FOR LIMITED EXCEPTIONS, THE AGREEMENT TO ARBITRATE WILL REQUIRE THAT YOU AND THE COMPANY SUBMIT DISPUTES BETWEEN US TO BINDING AND FINAL ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THE AGREEMENT TO ARBITRATE. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (b) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.
- Intellectual Property Rights. The Applicationand Website are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge and agree that the Application and Website are provided under license, and not sold, to you. You do not acquire any ownership interest in the Application and Website under this Agreement, or any other rights thereto other than to use the Application and Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves, and you acknowledge that Company and its licensors own and shall retain, the entire right, title, and interest in and to the Application and Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
License Grant. In return for your acceptance to this Agreement, and subject to our Intellectual Property Rights, Company grants you a limited, non-exclusive, and nontransferable license to:
- download, install, and use the Application and Websitefor your personal, non-commercial use on a single mobile device, a computer owned or otherwise controlled by you ("Device") strictly in accordance with the Application's documentation.
License Restrictions. Licensee shall not:
- copy the Application, except as expressly permitted by this Agreement;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application and Website;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application and Websiteor any part thereof except and only to the extent that applicable law expressly entitles you to do so notwithstanding this limitation as long as you provide notice to Company of such conduct and the purpose for it;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application and/or Website, or any features or functionality of the Application and/or Website, to any third party for any reason, except to the extent the Application and/or Website are shared with family members under the terms of services of the application store from which the Application and Websitewere obtained, provided the members of your family also agree to be bound by this Agreement; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
- Age Restriction. This Application and Websiteare offered and available to users who are 18 years of age or older. By using this Application and Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application and Website.
- Geographic Restrictions. Your access to certain Services may be restricted and may not be available to you based on your geographic locations. You acknowledge that you may not be able to access all or some of the Services that are available only outside of your geographic location and that access thereto may not be legal by certain persons or in certain countries. If you access those Services that are restricted based on your geographic locations, you are responsible for compliance with local laws.
Use Restrictions. Your permission to use the Applicationand Website is conditioned upon the following:
- You agree that you will not under any circumstances: (i) access the Application and Websitefor any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Application and Website; (ii) use the Application and Website for any unlawful purpose or for the promotion of illegal activities, collect or harvest any personal data of any user of the Application and Website; (iii) attempt to, or harass, abuse or harm another person or group, or engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application and Website, or which, as determined by us, may harm the Company or users of the Application and Website, or expose them to liability; (iv) use another user’s account without permission, intentionally allow another user to access your account, and/or provide false or inaccurate information when registering an account; (v) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (vi) make any automated use of the Application and Website or the related systems, 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; (vii) interfere or attempt to interfere with the proper functioning of the Application and Website, bypass any measures we take to restrict access to the Application and Website, or use any software, technology, or device to scrape, spider, or crawl the Application and/or Website or harvest or manipulate data; (viii) circumvent, disable or otherwise interfere with any security-related features of the Application and/or Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Application and/or Website or the content accessible via the Application and/or Website, (ix) and/or publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s Device.
You agree you are solely responsible for your account and the activity that occurs while signed in to or while using your account.
Posting And Conduct Restrictions. The Applicationand Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, “Content” or "User Content") on or through the Application and/or Website. We grant you permission to use and access the Interactive Services of the Application and Website, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of this Agreement. By transmitting and submitting any User Content while using the Interactive Service, you agree as follows:
- You represent and warrant (i) you own the Content posted by you on or through the Application and/or Websiteor otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Application and/or Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Application and/or Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the application.
- You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Applicationand/or Website. The Application and/or Website are not responsible for any public display or misuse of your User Content.
- We are only acting as a passive conduit for your online distribution and publication of your User Content.
- You will not post information that is malicious, libelous, false, or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You will not post anything that may violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.
- You will not promote any illegal activity, or advocate, promote, or assist any unlawful act.
- You will not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- You will not impersonate any person, or misrepresent your identity or affiliation with any person or organization, or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- We have the right to determine whether your User Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account with or without prior notice; and
- The Application and Websitedo not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Application and/or Website or with other Users.
Proprietary Rights in User Content. Subject to this Agreement, you can post your own content on the Vesync Applicationand/or Website. You retain all ownership rights in your User Content but you are required to grant the following rights to the Application and Website and to end-users of the Applications and Website:
- Any user content posted on the Applicationand Website (“Content”) will be considered non-confidential and non-proprietary. By providing any Content on the Application and/or Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, perform that Content in connection with the provision of the Application and Website and otherwise disclose to third parties any such material for any reason; you also grant to each user of the Application and Website, a worldwide, non-exclusive, royalty-free license to access your User Content through the Application and Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Application and Website and under this Agreement;
- In addition to the above, you give us permission to show your username, profile picture, and information about your interactions with the Applicationand Website, such as likes, comments, follows, check-ins, or questions, next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Application and Website or in connection with Vesync products and Services. You grant the foregoing rights without any compensation to you.
- If you use, post, or repost content, such as images, videos, or articles, covered by our intellectual property rights, we retain all rights to our content, but not yours.
Online Content Disclaimer.
- Opinions, advice, statements, offers, or other information or content made available through the Applicationand Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
- We do not guarantee the accuracy, completeness, or usefulness of any information on the Application and/or Websitenor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Application and Website. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Application and/or Website, or transmitted to users.
- From time to time, we may share certain information on or through the Applicationand Website. You agree that this information is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application and/or Website, or by anyone who may be informed of any of its contents.
- Company’s Services may offer health and fitness information, which are offered solely for informational, educational and/or entertainment purposes..
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Applicationand/or Website.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Applicationand/or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Transactions with Sellers. Company and parties other than Company (each a “Seller” and collectively as “Sellers”) sell products through the Applicationand/or Website ("Marketplace Service"). If you make a purchase using the Application and/or Website and the Marketplace Services, you agree that the actual contract for sale is directly between you and the Seller and:
- For those items offered by Vesync, we attempt to be as accurate as possible. However, we do not warrant that product descriptions is accurate, complete, reliable, current, or error-free. If a product offered by Vesync itself is not as described, you agree your sole remedy is to return it in unused condition.
- You acknowledge and agree that Vesync has no control over and does not warrant, does not guarantee, and assumes no responsibility or liability for (1) the conduct of any other Seller except Vesync; (2) the availability, quality, safety, or legality of items provided by other Sellers; (3) the truth or accuracy of other Sellers' content or listings; (4) the ability of other Sellers to sell items; and/or (5) that a Seller can and will actually complete a transaction or, if requested, provide a refund.
- The availability of products or services through our Application and/or Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. However, the products and services offered on our Application and Website are covered by the manufacturer's warranty as detailed in the product's description on our Application and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Application and/or Websitefor your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Third-Party Materials. The Application and/or Websitedisplay, include, and make available content from Sellers and other third parties (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY MATERIALS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. YOU ACCESS AND USE THIRD PARTY MATERIALS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES' TERMS AND CONDITIONS.
- Third Party Products. Powered by Vesync Products (“Powered by Vesync Products” means any product or application that enables access to the App, such as Vesync’s smart devices) and Auxiliary Products (“Auxiliary Product” means any product you can interact with or operate using a Powered by Vesync Product, including Vesync’s smart home devices such as air purifiers, humidifiers, and air fryers)include third party products that Vesync does not manufacture or develop. Vesync may automatically update the firmware for certain Auxiliary Products on behalf of the applicable manufacturer. Vesync has no responsibility or liability for such third party products or manufacturer-provided firmware.
- Third Party Services. If you use a Third Party Service ("Third Party Service" means any service or application provided by a third party that we make available to you for use on or through the App), we may exchange related information with that service, such as information related to your Auxiliary Products, or the content of your requests. Your use of any Third Party Service is subject to this Agreement and any third party terms applicable to such Third Party Service. Certain of these third party terms can be found in the Legal Notices section of the App, or may be linked from the App, and may be updated from time to time. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service.When using a Third Party Service, you are responsible for any information you provide to the third party. Vesync has no responsibility or liability for Third Party Services.
Updates. Company may from time to time in its sole discretion develop and provide Application and/or Websiteupdates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
- the Application and/or Websitewill automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application and/or Website or portions thereof may not properly operate should you fail to do so. During these Updates, the Application and/or Website and/or your connected devices or their certain functionalities may become temporarily unavailable. You further agree that all Updates will be deemed part of the Application and/or Website and be subject to all terms and conditions of this Agreement.
Term and Termination.
- The term of Agreement commences when you download the Applicationand/or visit the Website and will continue in effect until terminated by you or Company as set forth in this Section
- You may terminate this Agreement by deleting the account on the Application and/or Website and all copies thereof from your Device.
- Company may terminate this Agreement at any time without notice with our without cause for any reason whatsoever. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Applicationand Website and delete all copies of the Application and Website from your Device.
- Termination will not limit any of Company's rights or remedies at law or in equity. Termination does not affect any transaction you entered into with any Seller before the effective date of termination.
- Disclaimer of Warranties. THE APPLICATION AND WEBSITE AND SERVICE ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND WEBSITE OR SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION AND WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 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 APPLICATION, WEBSITE AND/OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE, OR INABILITY TO USE, THE APPLICATION , WEBSITE OR SERVICE, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION, WEBSITE OR ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USERS OF THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OR DAMAGES TO PROPERTY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTIONS, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSED BY BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a Seller, or a third-party that you interacted with through the Application and Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Application and Website, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Export Regulation. The Application and Websitemay be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application and Website to, or make the Application and Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings, including applicable export laws and obtaining any necessary export license or other governmental approval prior to exporting, re-exporting, releasing, or otherwise making the Application and Website You represent and warrant that you are buying products or services from a Seller for your own personal use only, and not for resale or export.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, hurricane, tsunami, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or Internet or telecommunication breakdowns or power outages.
Dispute Resolution and Agreement to Arbitrate.
- THIS SECTION IS AN “AGREEMENT TO ARBITRATE.” ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Claims”) WITH VESYNC ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY USE OF THE APPLICATION,WEBSITE OR SERVICE, ANY PURCHASE TRANSACTION, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS.
- Nothing in this Agreement shall be construed to preclude a party from bringing an individual action in small claims court or from seeking injunctive relief, damages, or other relief based on an infringement of a party’s intellectual property rights.
- To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or Claim under this Agreement shall be joined with any other arbitration or Claim, no class arbitration proceedings shall occur, and each party waives any rights to class arbitration.
- You are entitled to opt out of the terms of this Agreement to Arbitrate in Section 30 or any amendments to it by sending written notice to firstname.lastname@example.org thirty days after first downloading a copy of the Application or visiting the Website. Opting out of an amended version of this Agreement to Arbitrate does not affect your Agreement to Arbitrate disputes under this Section 30 before the date we receive your opt out notice. You must provide your name, email address, postal address, and any registered username. Opting out of the Agreement to Arbitrate in this Section 30 shall not affect any other section of this Agreement.
- If any provision of this Agreement to Arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Limitation on Time to File Claims
- Assignment. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
- No Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under this Agreement by:(i) sending a message to the email address you provide; (ii) sending letter to the address you provide; (iii) phone calls and/or (iv) by posting to the Application and/or Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under this Agreement, you must contact us as follows: (i) by email to email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Postal Address: 1202 North Miller Street, Suite A, Anaheim, CA 92806 US. We may update the email or address for notices to us by posting a notice on the Application and/or Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the UnitedKingdom without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application or the Website permitted under Section 30 shall be instituted exclusively in the courts of England. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
- Precedence Over Other Documents. In the event of a conflict between this Agreement and any applicable purchase order, sales acknowledgment, confirmation, or any other document issued by either party in connection with the purchase or sale of products or services using the Application and Website, the terms of this Agreement shall govern. The foregoing sentence does not affect any terms of the applicable Seller.
- Your Comments and Concerns.
This Application and Website are operated by local operator listed below.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Application and Website should be directed to: Support.firstname.lastname@example.org or the Help Center within the Application and/or Website.
Information of the local operator of the Website
VESYNC (UK) LIMITED
Company number 13260914
Registered office address: Unit G2 Havenside Industrial Estate, Fishtoft Road, Boston, England, PE21 0AH