TERMS AND CONDITIONS FOR ONLINE SALE OF GOODS
Terms of service
- Please read the terms and conditions (the "Terms of Service”) set forth below as they apply to your access and use of our services, including our various websites, APIs, email notifications, applications, buttons, and widgets and/or purchasing a Product from us (each a "Service” and collectively "Services”), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content”). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
- By accessing and/or using the Services, you represent that you are 18 years old or above and are legally capable of entering into binding contracts.
- If you do not accept these Terms of Service, please discontinue use of the Services immediately.
- In these Terms of Service, "Product” means any goods listed on our site that you can submit an order for through our site.
Information about us
The Services are provided and operated by Chargiot Corp (we or "Chargiot Corp”). We are a Pennsylvania corporation and have our registered address at 179 N Lake Dr, Dingmans Ferry, PA 18328.
We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. It is your responsibility to check this page periodically for changes. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.
- The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
- We make no representations, warranties, or guarantees, whether express or implied, that our Services or any Content on our site is accurate, complete, or up to date.
Accessing our services
- We do not guarantee that our Services or any content will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Services.
- You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.
Your account and password
- To use certain Services and to purchase a Product, you will be required to create an account with Chargiot Corp (an "Account”). You are responsible for safeguarding the password for your Account and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Account. You must treat such information as confidential. You must not disclose it to any third party. Chargiot Corp cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- We have the right to disable any password, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
- If you know or suspect that anyone other than you knows your password, you must promptly notify us at email@example.com
- It is your responsibility to provide accurate, complete, and up to date information for your Account.
- You shall not misuse the Services by creating multiple user accounts.
- Where wrongful or fraudulent use of an Account is suspected or discovered by Chargiot Corp, we reserve the right at our sole discretion, and without liability, and without prejudice to our other rights and remedies under these Terms of Service or at law, to immediately:
- refuse or cancel an order made through the Account;
- prohibit the Account owner or other person from accessing and/or using the Services or participating in any promotion by Chargiot Corp; and/or
- merge, suspend, and/or terminate Account(s).
- If Company offers the ability to pre-order Products (Pre-orders), such Pre-orders are not transferrable. If you transfer your Pre-order, Company may cancel your Pre-order and refund any amounts that you paid for such Pre-order. You understand and acknowledge that Pre-orders do not constitute an order for Products or any promise of shipment, and Pre-orders are subject to full payment and your provision of other information.
- The information set out in these Terms of Service and any of the Services do not constitute an offer for sale but rather an invitation to treat. All orders submitted by you through our site shall be deemed to be an offer made by you to purchase the selected Products set out in your order upon these Terms of Service (an "Order”). No binding agreement for us to sell you any Product is made until we accept an Order in accordance with these Terms of Service.
- To submit an Order you will be required to follow the online shopping process described on the site. After submitting an Order, you will receive an order confirmation (the "Order Confirmation”) that will act as an acknowledgement of your Order.
- Processing of payment of an Order shall not in itself constitute acceptance of the Order by Chargiot Corp. Where an Order is refused or cancelled by Chargiot Corp, we will reverse or refund any payment already made for such Order in accordance with our prevailing refund policy at such time.
- An Order is only considered accepted by Chargiot Corp upon the Order being shipped to the address provided by you.
Product information, price, and payment
- Whilst Chargiot Corp makes best efforts to provide you with accurate and up-to-date images, details, descriptions, prices, and promotional information, there may be instances where errors and differences may occur. We cannot guarantee that your electronic display of any Product colour or image will be accurate. Chargiot Corp shall not be liable for any errors or differences in the images, details, descriptions, prices, and promotional information listed through our Services.
- Chargiot Corp is under no obligation to fulfil an Order if the price listed on our website is incorrect (even after an Order Confirmation has been sent by us). If we discover an error in the price of any Products which you have ordered, we will inform you and give you the option of reconfirming your Order for such Product at the correct price or cancelling it. By confirming your Order for such Product, you authorise us to charge the additional amounts to you. If we are unable to contact you, we will treat the Order for such Product as cancelled. If you cancel your Order for such Product, we will refund payment in accordance with our prevailing refund policy at such time.
- Where applicable, prices are exclusive of GST and are in United States Dollars.
- Where applicable, delivery fees will be charged in addition to the price of the Product. Such charges will be displayed and included in the final total when you submit your Order.
Payment for Products purchased on our Service is conducted through Stripe or another third-party payment processor. Payment may be subject to such payment processor’s terms and conditions (Stripe’s terms and conditions can be found at https://stripe.com/spc/legal). Company will not fulfill any Product order without authorization validation of your purchase. You represent and warrant that the payment and shipping information that you provide is accurate and that you have the right to purchase Products using such payment information. We may offer you the ability to finance your purchase of Products through the Service via a third-party provider. The Company will use reasonable efforts to let you know what taxes and charges apply to your purchase of Products, however, we are not responsible if additional taxes or fees are assessed by your local government.
- By placing your Order, you authorise us to transmit information to or obtain information about you from third parties from time to time and this may include requesting pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction, authentication of your identity, validation checks on your credit card by the issuer, protection against fraud and to enable delivery of your Order. By placing your Order, you are confirming that the card belongs to you or that you are the legitimate holder of the Promotional Voucher, and have sufficient funds or credit facilities to cover the cost of the Order.
Promotions and vouchers
- Chargiot Corp may from time to time run promotions, contests, or other privilege programmes (a "Programme”) that are subject to additional terms and conditions which are hereby incorporated by reference into these Terms of Service and can be found on our site at such applicable time.
- Chargiot Corp may from time to time make available vouchers, codes, coupons, credits, or gift vouchers (a "Promotional Voucher”). A Promotional Voucher may be subject to additional terms and conditions which are hereby incorporated by reference into these Terms of Service and can be found either on the Promotional Voucher or on our site at such applicable time.
- Each Programme and Promotional Voucher is valid for the time period specified by Chargiot Corp.
- Each Promotional Voucher is only eligible for single use and cannot be used in conjunction with any other Programme or Promotional Voucher unless otherwise stated or explicitly agreed to by Chargiot Corp.
- A Promotional Voucher:
- cannot be refunded, redeemed, or exchanged for cash;
- is non-replaceable if lost, stolen, destroyed, duplicated, tampered with, or otherwise misappropriated;
- cannot be resold, transferred, or shared, except for a gift voucher which may be purchased by you and given to others;
- cannot be reproduced, adapted, altered, or otherwise tampered with;
- will be declared null and void by Chargiot Corp where, in our sole discretion, such Promotional Voucher is suspected to have been used in breach of these Terms of Service.
- Chargiot Corp's decision on all matters relating to each Programme or Promotional Voucher is final and binding.
- Chargiot Corp reserves the right to discontinue any Programme or Promotional Voucher programme at any time, in our sole discretion, without notice or liability.
Refusal of order
- Chargiot Corp reserves the right to withdraw any Products from sale on the site at any time. Whilst Chargiot Corp will make best efforts to process all Orders, there may be exceptional circumstances where we need to refuse to process an Order after an Order Confirmation has been sent by us, which we reserve the right to do at our sole discretion.
- If we refuse or cancel your Order for any reason and you have already made payment for your Order, we will refund payment in accordance with our prevailing refund policy at such time.
Our delivery fees are calculated at checkout.
- We will aim to deliver the Product to you at the place of delivery specified in your Order at the delivery time indicated by us in your Order confirmation.
- We will make best efforts to deliver the Products at the proposed delivery time but cannot and do not guarantee that delivery times will be met and, to the extent permitted by law, Chargiot Corp shall not be liable to you or any third party for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
- Your signature may be required to accept delivery. If you are not available to sign for the Product upon an attempt of delivery, we may leave a card with instructions and terms, hereby incorporated by reference, for either re-delivery or collection.
- There may be locations that we are unable to deliver to, in which case we will inform you using the contact details provided by you when submitting your Order and arrange for an alternative delivery method or cancellation of your Order.
We do not accept returns of any Product, except where we are required to by law.
Where Chargiot Corp determines that a refund is to be made under these Terms of Service, payment will be reversed or refunded via the same method that payment was originally made. In the event a reversal cannot be done, we will contact you via the contact details provided when you submit your order to determine an agreed refund method.
Your licence to use the services
Chargiot Corp gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive licence to use the software that is provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Chargiot Corp in the manner permitted by these Terms of Service.
Our intellectual property rights
- All intellectual property rights subsisting in respect of the Services belong to Chargiot Corp or have been lawfully licensed to Chargiot Corp for use in connection with the Services. All rights under applicable laws are hereby reserved. You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the website itself, the Content, or any access to any Service, or create derivative works with respect thereto, except with the prior written consent of Chargiot Corp or unless expressly permitted in these Terms of Service. The website, Content, and Services are copyrighted under applicable laws.
- You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (the "Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
Limited liability and warranty
Please read this section carefully since it limits the liability of Chargiot Corp and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Chargiot Corp Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts and, as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
The Service and Products are provided on an "as is” and "as available” basis. Use of the Service and products is at your own risk. To the maximum extent permitted by applicable law, the Service and Products are 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. No advice or information, whether oral or written, obtained by you from Company or through the Service or in connection with the Products 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 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 Service or any hyperlinked 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 the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. these Terms gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
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, arising out of or relating to the use of, or inability to use, the 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 the Service or Products; (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 the 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 or $100.00, whichever is greater.
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. these Terms give 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 these Terms will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service or Products are appropriate or available for use in other locations. Those who access or use the Service or Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service or purchase the Products 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 and Products are solely directed to individuals, companies, or other entities located in the United States.
Content copyright policy
Chargiot Corp respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, your telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.
- We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to refuse any Order, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Chargiot Corp, its users, and the public.
- We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our site. You should use your own virus protection software.
- You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Chargiot Corp's computer systems, or the technical delivery systems of Chargiot Corp's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Linking to us
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
Third-party links and resources in our site
- The links from the Services may take you to other sites or services and you acknowledge and agree that Chargiot Corp has no responsibility for the accuracy or availability of any Information provided by third parties' services and websites.
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Chargiot Corp on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Chargiot Corp and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
- Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising, or other materials available made available by such third parties.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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 these Terms, 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) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your misuse of the Products; (vii) your willful misconduct, or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several and their rights are joint.
- The Terms of Service will continue to apply until terminated by either you or us as follows.
- You may end your agreement with us at any time for any reason by deactivating your Accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
- We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
- In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
- Nothing in this section shall affect our rights to change, limit, or stop the provision of the Services without prior notice, as provided above in Clause 5 Changes to our services.
- No party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
- The affected party shall use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.
- A force majeure event shall include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, or interference from civil or military authorities.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
- Governing Law. You agree that: (i) the Service shall be deemed solely based in Pennsylvania; and (ii) othe 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 Pennsylvania. These Terms shall be governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms 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 Pike County, Pennsylvania 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 a 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 Pike County, Pennsylvania 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.
- 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 these Terms, or the breach or alleged breach thereof (collectively, "Claims”), by binding arbitration by 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 Pike County, Pennsylvania, 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 our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service and Products 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 these Terms, 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.
Additional App Store Terms
- App from Apple App Store. The following applies to any App you acquire from the Apple App Store ("Apple-Sourced Software”): You acknowledge and agree that these Terms is solely between you and Company, not Apple, Inc. ("Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-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 these Terms 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 Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-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 these Terms and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-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 these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
- App from Google Play Store. The following applies to any App you acquire from the Google Play Store ("Google-Sourced Software”): (i) you acknowledge that these Terms are 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 these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software.
- Assignment. These Terms, 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.
- Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service and the Products, shall constitute the entire agreement between you and Company concerning the Service and the Products. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, 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.
- No Waiver. No waiver of any term of these Terms 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 these Terms shall not constitute a waiver of such right or provision.
- Expiration of Claims. Any claim or cause of action you may have with respect to Company, the Service or the Products must be commenced within one (1) year after the claim or cause of action arose.
- Contact. Please contact us at email@example.com with any questions regarding these Terms.
In case of discrepancies between the English version and any other language versions of these Terms of Service and contents of this site, the English version shall prevail.
Dated: November 20, 2017