THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The Services are available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or legal guardian.
Subject to the terms contained herein, the Company hereby grants you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable right to access and use our Services solely for the purpose of purchasing, implementing, and using the temi Product (“Purpose”).For avoidance of doubt, this license is limited to a personal, non-commercial use.
You may use the Services only for the Purpose. You are solely responsible for all of your activity in connection with the Service. By using the Services, you agree that you will not (and shall not permit any third party to): (i) use the Services or any portion thereof in a manner that is illegal, abusive, false, deceptive, fraudulent, misleading, untruthful, tortuous, or otherwise inappropriate, as the Company may determine in its sole discretion; (ii) infringe, misappropriate, use, disclose without authorization, or otherwise violate any intellectual property rights or proprietary rights of any third party; (iii) violate any right of any person or entity, or any law or contractual obligation, including without limiting rights pursuant to data protection, anti-SPAM and privacy laws and regulations; (iv) commit or encourage a criminal offense; (v) transmit or distribute a virus, trojan, worm, viruses, codes of a destructive nature orany other action that contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, cause a technologically harmful, in breach of confidence or in any way offensive or obscene, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of Company, its users, or any other individual or entity; (vi) hack into any aspect of the Services, corrupt data, cause interference with use of the Services by other users, or attempt to affect the performance or functionality of any computer facilities of or accessed through the Services (vii) impersonate any individual or entity, including, without limitation, employees or representatives of the Company; (viii) decompile, reverse engineer, or disassemble any portion of the Services; (ix) cover, obscure, block, or in any way interfere with any advertisements or safety features on the Services; (x) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; or (xi) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
In the event that the Company deems that you have engaged or attempted to engage in fraudulent, unlawful, dishonest, or improper activity in using the Services, including without limitation, engaging in any of the prohibited activities set forth above (“Unauthorized Use“), the Company shall be entitled to take such action as it sees fit, including but not limited to: (a) immediately blocking, suspending, or canceling your access to the Services, and/or (b) taking legal action.
WARNING: IN ADDITION TO THE FOREGOING PROHIBITED USES, PLEASE BE ADVISED THAT THE temi PRODUCT IS AN ELECTRICAL APPLIANCE AND THEREFORE YOU MUST AT ALL TIMES TAKE BASIC PRECAUTIONS WHEN USING THE PRODUCT. PLEASE SEE IMPORTANT SAFETY INFORMATION IN YOUR USER MANUAL.
As between the Company and you, the Company is the sole owner of all right, title, and interest, including Intellectual Property Rights (as defined below), in and pertaining to the Services. The Services and all Content are protected under U.S. and foreign laws. Unauthorized use or disclosure thereof may violate copyright, trademark, and other laws.
In addition, as between you and the Company, the Company owns all right, title, and interest, including Intellectual Property Rights, in and to all other content used to provide the Services, including, but not limited to, images, pictures, graphics, photographs, animations, videos, audio and text (the “Content“). You hereby acknowledge that by using the Services you obtain no rights in or to the Content, or any part thereof. You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of the Company. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The term “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
The term “temi” and any other trademarks, service marks, logos, signs, trade names and/or domain names of the Company (the “CompanyTrademarks“), are registered and unregistered trademarks, service marks and/or domain names of the Company. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Company Trademarks, the “Trademarks”). Nothing herein grants, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of Company Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state, federal, and foreign laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.
You shall not do anything that will harm or potentially harm the rights, including the Intellectual Property Rights, held by the Company in the Services, the Content, or the Company Trademarks, nor will you do anything that damages the image or reputation of the Company and its employees, directors, officers and consultants.
The App may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access and other fees in connection with your use of the App, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable. You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will the Company be responsible for any such data access fees or charges in connection with your use of the App.
The Company makes the App available through the Apple App Store and the Android store. The following terms apply when you download the App from Apple’s App Store. These terms are in addition to all other terms contained in the Agreement.
- You acknowledge and agree that (i) the Agreement is concluded between you and the Company only, and not Apple; and (ii) the Company, not Apple, is solely responsible for the App and content thereof. Your use of the App 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 App.
- In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between the Company and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
- You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between the Company and Apple, the 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 the Agreement.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App against you as a third-party beneficiary thereof.
Terms of Sale.
Product orders may be placed directly on the Website by following the purchase prompts. Your receipt of an order confirmation from the Company, in electronic or other form, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. In addition, we may, in our sole discretion, limit the quantities that an individual or a household may purchase in a single order or in multiple orders, and we may impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law. You may cancel any order up to 60 minutes from the time the order was placed.
All Product prices are listed on the Website on the applicable Product pages. Prices are in U.S. dollars and may be subject to change without notice. You agree to pay in full at the time of placing an order using any major credit card accepted by the Company. Prices listed are exclusive of federal, state, and local sales, use, excise, or similar taxes, or shipping fees, and you will be liable for such taxes and fees. All applicable fees and taxes, including shipping fees, shall be added to your order at the time of check out.
The Company uses reliable third-party carriers such as UPS and Fed-Ex to deliver our Products to you. Shipping fees will be applied at the time of check out. All delivery times provided in an order confirmation represent approximate delivery times, and actual delivery times may vary as a result of events outside of our control. You bear all risk of loss and damage to the Products from the time the Products are delivered to the address provided by you at the time of purchase. Delivery is deemed complete and title to the merchandise passes to you upon confirmation of delivery by the carrier. The Product’s delivery requires the signature of an adult over 21 years of age. We shall not be liable for any loss or damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering the Products purchased hereunder due to wrong or inaccurate address provided by you at the time of purchase or inability to accept and sign for the delivery of the Product . .
For Product returns and information about our Product limited warranty, please see our return policy at https://temiblankus19.wpengine.com/warranty/.
Errors and Inaccuracies; Modifications.
We attempt to be as accurate as possible with on the Services, including, without limitation, in Product descriptions and prices. However, we do not warrant that all Content is accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or Product information error, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price or with incorrect information. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a refund to your credit card account in the amount of the charge and advise you of the canceled order.
The Company reserves the right to suspend, discontinue, modify, remove or add to the Services in our absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so including (for example) for the management, maintenance or update of the Services and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by the Company in connection with the foregoing.
YOUR USE OF THE SERVICES, INCLUDING THE temi PRODUCT, IS AT YOUR OWN RISK.
EXCEPT AS PROVIDED EXPLICITLY IN THE COMPANY’S LIMITED WARRANTY AT HTTPS://WWW.ROBOTEMI.COM/WARRANTY/, THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, COMPLETENESS OR ACCURACY, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS.
THE MATERIAL AND CONTENT DISPLAYED BY THE SERVICES IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES NO WARRANTY THAT THE RESULTS, GOODS OR PRODUCTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR APPEAR OR FUNCTION AS DESCRIBED OR ADVERTISED.
NOTWITHSTANDING OUR EFFORTS TO PROVIDE YOU WITH SERVICES OF THE HIGHEST QUALITY AND SECURITY, THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES SHALL BE FREE FROM VIRUSES, BUGS OR OTHER CONTAMINANTS.
THE TELECOMMUNICATIONS NETWORKS AND INTERNET ACCESS SERVICES REQUIRED FOR YOU TO ACCESS AND USE THE SERVICES ARE ENTIRELY BEYOND THE CONTROL OF THE COMPANY AND THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY OUTAGES, SLOWNESS, CAPACITY CONSTRAINTS OR OTHER DEFICIENCIES AFFECTING THE SAME. YOU ARE RESPONSIBLE FOR ANY FEES, INCLUDING INTERNET CONNECTION AND/OR MOBILE FEES THAT YOU INCUR WHEN ACCESSING AND USING THE SERVICES.
YOU ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY LIABLE, FOR ANY CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. THIRD-PARTY PRODUCTS ARE SUBJECT ONLY TO THOSE WARRANTIES EXTENDED BY SUCH THIRD PARTIES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMAPNY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING BUT NOT DEROGATING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES BY THE COMPANY, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY FAILURE TO PERFORM BY THE COMPANY, AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR ANY PORTION THEREOF SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR YOUR PRODUCT. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
From time to time, the Company or third parties may automatically update or otherwise modify the Services, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the Services, including functions you may rely upon. You hereby agree that such activities may occur at the Company’s sole discretion and that the Company’s may condition continued use of the Services upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed and shall constitute part of the Services for purposes of the Terms. By acceptance of the Terms, you consent to such update/modification.
Communications with and Submissions to the Company
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation or attribution to you.
External Sites and Third Party Products.
The Website, the App, or other portions of the Services may contain links to third-party websites (“External Sites”). Further, the Services may allow you to use our Product in connection with certain third-party products such as your at-home devices and other third-party service providers (“Third-Party Products”). The links to External Sites, and the ability to integrate with Third-Party Products, are provided solely as a convenience to you and not as an endorsement by us such External Sites or such Third-Party Products. The content of such External Sites, and the Third-Party Products, are developed and provided by others. You should contact the site administrator or webmaster for External Sites, and the Third-Party Product provider or developer, if you have any concerns regarding the External Sites or the Third-Party Products, respectively. The Company is not responsible for the any External Sites or Third-Party Products, or your use of either of the foregoing, and the Company does not make any representations or warranties regarding the accuracy, availability, suitability, or safety of such External Sites or Third-Party Products, or the underlying software thereof. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites or use Third-Party Products, you do so at your own risk.
In the event of a dispute arising under or relating to this Agreement or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 16below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Class Action Waiver.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our Intellectual Property Rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of law therein. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of the Agreement and shall not cause the invalidity or unenforceability of the remainder of the Agreement.
The Company may assign the Agreement, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Agreement or any of your rights or obligations hereunder, to any third party without the prior written consent of the Company. Any unauthorized assignment will be void and of no force or effect.
Except as expressly provided herein, the failure or delay of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
We may unilaterally modify this Agreement (defined below) at any time. In the event of a material change, we shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Agreement at https://temiblankus19.wpengine.com/terms-of-use/. By continuing to use the Services following such modifications, you agree to be bound by such modifications.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: firstname.lastname@example.org.
Last updated: April 2019.
Copyright 2019 temi USA Inc. All rights reserved.