Terms of Service
Last updated: December 19, 2017
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. ORDERING KURI
A. Offer. Company may provide you with the opportunity to reserve and pre-order Kuri. Kuri devices made available for reservation and pre-order are not offered for sale by Company. Reserving a Kuri and placing a pre-order does not create a contract of sale; rather, you are making an offer to Company to purchase Kuri, subject to this Agreement (each offer, a “Pre-Order Reservation”).
B. Prices and Payment Terms. All descriptions of Kuri, prices, and payment terms posted on our Websites and materials are within our sole discretion and subject to change at any time, with or without notice. The price charged for Kuri and payment terms will be the price and payment terms in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping and handling charges. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Payments for Kuri are processed through one of our third-party payment service providers (each, a “Payment Service Provider”). Payment must be received by our Payment Service Providers before our acceptance of an order. Each of our Payment Service Providers accepts the payment methods listed below. For all purchases, our Payment Service Providers will collect your payment method details and charge your payment method in connection with an order. You represent and warrant that (i) the account, order, and payment method information you supply to us or our Payment Service Providers, as applicable, is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment method company, and (iv) you will pay all charges incurred by you at the posted prices, including all applicable taxes. If any of your account, order, or payment method information changes, you agree to promptly update this information, so that we or our Payment Service Providers may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third party in connection with your use of our Service.
Credit cards accepted:
- American Express
- Diner’s Club
Other forms of payment:
- Credit card gift cards from Visa, MasterCard and American Express
We do not accept:
- Layaway Plan
- Personal Checks
- Money Orders
*Credit card gift cards can only be redeemed for orders less than the full amount available on the gift card. Orders cannot be split between two forms of payment when using a credit card gift card.
C. Credit or Debit Card Charges. When you place your Pre-Order Reservation, our Payment Service Provider will obtain an authorization hold from your bank or credit card company at no charge and this authorization may stay open until the charge is actually made. This hold is released from the account depending on your bank’s specific policies. Our Payment Service Provider may obtain an additional authorization from your payment card company to confirm the necessary funds are available to purchase Kuri. Later, when Kuri is offered for sale, Company may accept your offer to purchase Kuri, subject to this Agreement. At that time, our Payment Service Provider will charge your payment card and ship Kuri. If you are using a credit card gift card, the funds may immediately be deducted from your gift card account when you place your Pre-Order Reservation.
D. Shipping. If Company provides an expected shipping date, such date is an estimate, cannot be guaranteed and is subject to change. Company shall not be liable for any change in such expected shipping date. Kuri devices reserved as Pre-Order Reservations are not immediately available for shipping, and therefore, will not ship until a later date. Your reserved items should arrive by the expected delivery date, which is shown at checkout, however such expected delivery date is an estimated date and cannot be guaranteed. You will be notified via email if there is an issue that will delay your delivery beyond the expected delivery date. Your billing and shipping addresses may be different. Shipping options for Kuri will be presented to you during checkout. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of Kuri to the carrier/delivery. We will make commercially reasonable efforts to ship Kuri to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any losses, damages or penalties due to any delays in shipments or deliveries.
E. Cancellation. You may cancel your pre-order at any time prior to shipment by emailing our customer service department at email@example.com. If you cancel, you will not be charged and if you paid a deposit, such deposit will be refunded to you. Company reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or any portion of your order is cancelled, or if additional information is needed to complete and accept your order.
F. Return Policy / 30-Day Money Back Guarantee. We want each of our customers to be excited about Kuri, and are pleased to offer a 30-Day money-back guarantee. If you are not 100% satisfied, we will accept a return of Kuri for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of Kuri activation (in the App) and provided such Kuri is returned in its original condition, as determined in our sole discretion. To return Kuri, you must contact our customer service department at firstname.lastname@example.org and when sending Kuri back to us, include all components of Kuri and original packaging. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed within approximately the next two (2) billing cycles of your payment method statement from the date we receive your merchandise. Your refund will be credited back to the same payment method used to make the original Pre-Order Reservation. If we have not heard from you within three (3) years from the date on which we were to refund your payment method (assuming we determined that we could not timely ship or deliver Kuri), and we cannot locate you, you agree that any amounts paid pursuant to this Agreement shall be provided in accordance with the requirements of the California Unclaimed Property Law and we shall have no liability to you for any failure to refund such amounts.
2. USE SERVICE
A. Eligibility. Company does not sell or make available the Service for or to children. If you are under eighteen (18) years of age (or otherwise under the age of majority in your jurisdiction), you may purchase and use the Service only with involvement and consent of a parent or legal guardian. The Service is not available to any Users previously removed from the Service by Company.
B. Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service, and for no other purpose. Company may subcontract any element of the Service in its sole discretion. Company reserves all rights not expressly granted herein in and to the Service and the Company Content (as defined below). All software underlying the Service is protected by U.S. copyright law and international treaties. Company may terminate this license at any time for any reason or no reason.
C. Accounts. You may be required to create an account to access and use certain features and functionality of the Service, including without limitation to activate and use Kuri. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs during use of the Service through your account, including all guest and other user accounts under your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Please contact Company immediately at email@example.com if you suspect any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your account settings screen in the App. By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out at the time you create your account, or by following the unsubscribe options contained in the messages. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
D. Service Rules. You agree not to engage, or to assist or authorize any third party to engage, in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping” on the Websites; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) using the Service for transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or using any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) copying, modifying or creating derivative works based on the Service; (xiv) distributing, transferring, sublicensing, leasing, lending or renting the Service to any third party; (xv) reverse engineering, decompiling or disassembling the software underlying the Service; or (xvi) making the functionality of the Service available to multiple users through any means.
Accessing the audiovisual content available on the Websites for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the internet from the Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, 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. 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. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users, and for any acts or omissions of any third parties who use the Service through your account. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Company has no responsibility to provide maintenance or support services with respect to any software underlying the Service. Notwithstanding the foregoing, the software may update automatically on your Company devices from time to time, which Company may install in its discretion without providing any additional notice or receiving any additional consent. Please refer to our support guidelines or FAQs available at www.heykuri.com to learn more about any support offered by Company in connection with the Service.
3. KURI-SPECIFIC TERMS
A. Account Required.
An account is required in order to activate and use Kuri. The account registration will be offered to you in the App.
B. Software License.
Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Kuri software (including the software pre-installed on Kuri) (“Kuri Software”), as part of your use of Kuri for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Kuri Software; (ii) distribute, transfer, sublicense, lease, lend, or rent the Kuri Software to any third party; (iii) reverse engineer, decompile or disassemble the Kuri Software; or (iv) make the functionality of the Kuri Software available to multiple users through any means. While you are expressly prohibited from commercially reselling Kuri, you may give Kuri as a gift, and, for the avoidance of doubt, this Agreement applies to any gift recipient. You are responsible for ensuring that the gift recipient receives this Agreement. You acknowledge that Company may from time to time issue upgraded versions of the Kuri Software, and may automatically electronically upgrade the version of the Kuri Software that is on your Kuri. You consent to such automatic upgrading on your Kuri, and agree that such upgrades are Kuri Software under this Agreement. Company reserves all rights in and to the Kuri Software not expressly granted to you under this Agreement. All Kuri Software is protected by U.S. copyright law and international treaties. Any Kuri Software is licensed to you, not sold. Third-party code incorporated in the Kuri Software may be covered by an applicable open source or third-party license licenses authorizing use of such code, and by using Kuri you agree to be bound by the terms thereof. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software.
All Kuri Software and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202.
C. Instructions; Restrictions; Warnings; Disclaimers
Please carefully read any and all instructions that come with Kuri, including instructions that may be available online at www.heykuri.com. You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any or all of the following activities:
- use of Kuri for High-Risk Activities (defined below);
- use of Kuri other than in accordance with our published specifications;
- modifications, alterations, adjustments, or repairs to Kuri made by a party other than one we authorize;
- damage from external causes such as dirt, sand, battery leakage, power surges, or improper usage of any electrical source;
- use of Kuri in combination with any third-party devices or products that we have not provided or recommended to you;
- attempting to charge Kuri with any charger other than the one provided by Company;
- attempting to affix anything to Kuri;
- failure by you or a third party to comply with environmental and storage requirements for Kuri specified by us, including, without limitation, temperature or humidity ranges;
- leaving Kuri in direct sunlight for long periods;
- using Kuri in inclement weather or low light;
- any damage to property or persons caused by your use of Kuri that is not caused by material defect, including your failure to understand the functionalities of Kuri;
- allowing Kuri to land on unstable surfaces or dangerous terrain;
- failure to determine the suitability of Kuri for your intended use;
- failing to ensure that any person who uses Kuri also complies with this Agreement and any other guidance we provide you, whether this guidance is included in writing with Kuri or made available on our Websites or the App;
- any continued use of Kuri after you detect any material defect, including erratic responses to user input;
- failure to adhere to any relevant laws and local government rules; and
- any other improper or unauthorized use of Kuri.
In addition, you hereby acknowledge and agree to the following warnings, instructions, and disclaimers:
- WARNING: CHILDREN MUST BE SUPERVISED WHEN HANDLING KURI.
- WARNING: MISHANDLING KURI MAY RESULT IN SERIOUS INJURY OR IMPAIRED FUNCTIONALITY. Do not push, kick, punch, knock over, or lay Kuri on her side. Supervise children and domestic animals around Kuri.
- WARNING: PINCHING HAZARD. Beware of hands around Kuri’s wheel well track, tread, neck gap, eyes, and head.
- WARNING: Kuri may contain BPA, a chemical known by the state of California to cause cancer, birth defects or other reproductive harm. For more information, visit https://www.p65warnings.ca.gov/fact-sheets/bisphenol-bpa.
- WARNING: Do not look directly at Kuri’s chest light at close range. Users prone to photosensitive epilepsy should use special care. Do not damage LED lenses cover.
- WARNING: Kuri’s nightlight may malfunction. Be mindful of Kuri’s location at all times, especially in the dark. In case of malfunction, please contact customer service at firstname.lastname@example.org.
- WARNING: Kuri is designed to avoid stairs, but may fail to sense a stairway, causing risk of falling.
- WARNING: To avoid hearing damage, ensure Kuri’s speaker volume is set appropriately as described in the user manual.
- WARNING: Keep battery connectors free of all foreign objects. Avoid all contact with metal. You must not try to replace the batteries with batteries other than those we provided or recommended in writing.
- WARNING: Operating Kuri on high carpet or other difficult to navigate surfaces may cause permanent damage to the robot.
- WARNING: Kuri may bump into objects she doesn’t detect.
- WARNING: RISK OF ELECTRICAL FIRE OR BURNS. Lithium Ion batteries have an inherent risk of overheating. In the event of overheating, please contact customer service at email@example.com.
- WARNING: RISK OF ELECTRIC SHOCK OR BURN OR OTHER SERIOUS INJURY. DO NOT PERFORM YOUR OWN MAINTENANCE ON KURI. If Kuri requires maintenance, please contact customer service at firstname.lastname@example.org.
- WARNING: ONLY USE THE CHARGER COMPANY PROVIDES TO CHARGE KURI.
- WARNING: DO NOT EXPOSE KURI OR THE CHARGER TO EXTREME HEAT OR MOISTURE. RISK OF FIRE, ELECTRIC SHORT, OR SERIOUS INJURY. DO NOT KEEP KURI OR THE CHARGER NEAR A FIREPLACE, WASHING MACHINE, DISHWASHER, REFRIGERATOR, OR OTHER HOUSEHOLD APPLIANCE.
- WARNING: USE OF CONTROLS OR ADJUSTMENTS OR PERFORMANCE OF PROCEDURES OTHER THAN THOSE SPECIFIED BY COMPANY MAY RESULT IN HAZARDOUS RADIATION EXPOSURE.
- Periodically inspect Kuri to ensure proper function. Check wheel well for debris, hair, plastic burs, and other objections that may impair function. Also check speakers for dirt and dust.
- Kuri’s operating environment temperature must be between 50°F and 105°F (10°C to 40°C).
- Kuri’s recommended operating environment humidity range lies between 35% and 60%.
You agree to comply with all applicable laws and regulations in connection with your use of Kuri. You understand and agree that Kuri is not designed or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of Kuri might result in or cause death, personal injury, collision, or significant environmental damages (“High-Risk Activities”). You agree to use all reasonable precautions when using Kuri.
You cannot use Kuri to access emergency services, such as 9-1-1. Kuri is not designed or intended to be used to send or receive emergency communications to any police, fire department, hospital, or any other service that connects a user to a public safety answering point. We do not guarantee that Kuri or its functionality or content is accurate, reliable, always available, or complete. You may encounter content through Kuri that you find offensive, indecent, or objectionable. Company has no responsibility or liability for such content. We have endeavored to be as accurate as possible in describing and displaying the colors and other features of Kuri; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.
Your use of any third-party services or products in connection with your use of Kuri is subject to this Agreement and any third-party terms applicable to such third-party services or products. When using any third-party services or products you are responsible for any information you provide to the third party. Your use of third-party services or products may incur usage and/or data charges, you are responsible for any such charges. Company has no responsibility or liability for any third-party services or products.
You acknowledge that you are solely responsible for obtaining any access to the internet through a cellular data service provider or a wireless service provider or other internet connectivity service provider whose service is compatible with Kuri.
Company is not responsible in the event that you record, capture or share audio and/or video clips of your conversations while using Kuri. The laws regarding the notice and consent requirements of such recorded conversations vary by state. You are responsible for understanding your legal responsibilities in the relevant jurisdiction(s) before recording any communication, including whether you need to get consent from all parties to the communication in advance.
4. USER CONTENT
The Service may collect and record content that you provide to the Service or that we collect while providing the Service to you (including any information that may be provided by others who have access to your Kuri based on their proximity to it), such as profile information, comments, questions, commands, audio recordings, video recordings, photos, and other content or information. Any and all content or materials (including without limitation personal data or information) that is provided or recorded or made available on or through any functionality of the Service and any information recorded by a User’s actions on the Websites is referred to herein as “User Content.” We claim no ownership rights over User Content created by you. You are solely responsible for all User Content that you provide or contribute in any manner to or in connection with the Service, and you represent and warrant that you have all necessary rights to do so in the manner in which you contribute it. You acknowledge that other individuals who use the Service or whom you permit to use your account, Kuri or the App (and others who have access to your Kuri based on their proximity to it), and other services and products you use through the Service, may have access to your User Content.
Company has the right (but not the obligation) in its sole discretion to remove any User Content on the Service. You agree not to post or make available, and shall be solely liable for, User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current; or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below in Section 5. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with User Content, you affirm, represent and warrant the following:
A. You have the binding consent of each and every identifiable natural person who uses the Service through your account or who is included in your User Content, including with respect to the use of such person’s name, likeness or vocal recordings in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C. You have all the rights, licenses and consents to provide the license to Company set forth in Section 5.
D. You (and not us) are responsible for ensuring that you comply with any applicable laws when you use the Service, including but not limited to any laws relating to the recording or sharing of video or audio content that includes third parties, or any laws requiring notice to or consent of third parties with respect to your use of Kuri and the Service.
E. To the best of your knowledge, and to the extent applicable, your User Content and other information that you provide to us is truthful and accurate.
Company takes no responsibility and assumes no liability for any User Content. You understand and agree that you and other Users may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.
5. USER CONTENT LICENSE GRANT
You expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company (including its subcontractors) a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to collect, record, store, use, reproduce, modify, publicly perform, display, and make derivative works of any and all User Content and names, voices, and/or likenesses as contained in the User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed: (i) for the purposes of providing the Service and performing Company’s obligations under this Agreement, including without limitation, to implement, provide and make available the Service, its features and associated services and content through Kuri; (ii) to provide support, and to help prevent or address service or technical problems; (iii) as otherwise expressly permitted by you in writing; (iv) as compelled by law; (v) for billing, invoicing and financial record-keeping purposes; (vi) to develop, create, enhance, improve, optimize, maintain, provide, license, distribute, make available, and otherwise commercialize existing or future software, products, services or platforms, including without limitation, the App and any third-party features included in the App; and (vii) to process in a form that does not identify and is not attributable to an individual, including without limitation, for analytics purposes. You also hereby grant to each User of the Service who receives access to your User Content a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
6. MOBILE APPLICATION
A. The App. To use the App you must have a mobile device that is compatible with the App. Company does not warrant that the App will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Service account on mobile devices owned or leased solely by you, for your personal use. You shall not: (i) modify, disassemble, decompile, or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Third-party code incorporated in the App may be covered by an applicable open source or third-party license licenses authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the App is being acquired on behalf of the United States Government, then the following provision applies: use, duplication, or disclosure of the App by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The App originates in the United States, and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Service.
B. The App from iTunes Store. The following applies to the App you acquire from the iTunes Store (“iTunes-Sourced Software”): you acknowledge and agree that this Agreement is solely between you and Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the iTunes Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you, if any; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
C. The App from Google Play Store. The following applies to the App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Company’s Google-Sourced Software.
7. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (collectively, the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit, comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
8. COMPANY PROPERTY
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate your account and related data as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.
9. NO PROFESSIONAL ADVICE
If the Service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policies, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you use the Service at your own risk.
12. THIRD-PARTY SERVICE
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk, and you understand that this Agreement and the Privacy Policies do not apply to your use of such websites or services. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify, and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and its and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service through your account.
14. LIMITED WARRANTY; DISCLAIMER
Company warrants that Kuri will be free from defects in materials and workmanship under normal use in accordance with Company’s published user documentation for one year from the date of your purchase (“Limited Warranty”). This Limited Warranty is only valid and enforceable in locations Kuri is sold and will apply only if you purchased Kuri from Company or its authorized resellers. This Limited Warranty only applies to hardware components of Kuri (and expressly excludes Kuri Software and any other software elements), and this Limited Warranty does not apply to damage caused by normal wear and tear, accidents, misuse (including any violation of Sections 2.D or 3 or a failure to follow product documentation), neglect, disassembly, alterations, servicing other than by Company authorized technicians, and external causes such as, but not limited to, water damage, anomalies in the electrical current supplied to the device, and extreme thermal or environmental conditions. This Limited Warranty does not guarantee that use of Kuri will be uninterrupted or error free.
If a defect arises and you return Kuri during the one-year Limited Warranty period, Company will in its sole discretion and to the extent permitted by law either repair your Kuri device using new or refurbished parts, replace your Kuri device with a new or refurbished Kuri functionally at least equivalent to yours, or accept the return of your Kuri device in exchange for a refund of the purchase price you paid for it. If Company repairs or replaces Kuri, the repaired or replaced Kuri will continue to be warranted solely for the remaining time of the original warranty period. All returned parts for which you have received a replacement will become the property of Company. Nothing in this Limited Warranty will reduce or otherwise affect your statutory rights in relation to Kuri.
To make a claim under the Limited Warranty, please email our customer service department at email@example.com with your name, contact information, and the serial number on the bottom of your Kuri, as well as a purchase receipt. If Company determines that the Limited Warranty claim is valid, Company will offer at no charge to you, packaging and shipping of Kuri in connection with such valid Limited Warranty claim.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION 14 IS THE ONLY EXPRESS WARRANTY COMPANY PROVIDES FOR KURI, AND THE REMEDY SET FORTH IN THIS SECTION 14 IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING KURI, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS WARRANTY ABOVE.
EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 14, THE SERVICE (INCLUDING WITHOUT LIMITATION KURI): IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT; AND YOUR USE THEREOF IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ACCESSED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT 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.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICE IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. COMPANY MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY OTHER LOCATIONS. YOU MAY NOT ACCESS OR USE THE SERVICE FROM OUTSIDE OF THE UNITED STATES. YOU MAY NOT USE THE SERVICE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SERVICE ARE SOLELY DIRECTED TO INDIVIDUALS LOCATED IN THE UNITED STATES.
No Company employee or representative or its affiliates or any third party is authorized to make any modification, extension or addition to this Section 14 or any part of this Agreement. If any term of this Section 14 is held to be illegal or unenforceable, the remaining terms of this Section 14 will remain in full force and effect.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE IN ACCORDANCE WITH THIS AGREEMENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Company’s data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement. Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Websites or in the App, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network or service provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service Agreement. If you do not agree to any of the terms of this Agreement or any future version of this Agreement, do not use or access (or continue to access) the Service.
C. Entire Agreement; Severability. This Agreement, together with any amendments and any additional agreements you may have entered into or may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service and supersedes and cancels all previous agreements and communications (written or oral) relating to its subject matter. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. California Residents. If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Boulevard, Suite N 112 Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You can contact Company by mail at 400 Convention Way, Redwood City, California 94063, or by email at email@example.com if you have a question or concern about any product or service we sell over the Internet.