POWERVISION TERMS OF SERVICE
Welcome, and thank you for your interest in PowerVision Robot Corporation (“PowerVision,” “we,” or “us”) and our website at www.powervision.me (the “Site”), along with our online store (the “Store”) and other services provided by us (collectively with the Site and Store, the “Services”). These Terms of Service are a legally binding contract between you and PowerVision regarding your use of the Services. If you are an organization, the individual accepting these terms on your behalf hereby represents and warrants that they are authorized to bind you to these Terms. If you are not eligible, or do not agree to these Terms, then you do not have our permission to access the Site or otherwise use the Services.
BY PURCHASING A PRODUCT (AS DEFINED IN SECTION 3) FROM THE STORE OR BY OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”).
These Terms provide that all disputes between you and PowerVision will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with PowerVision.
By agreeing to these Terms, you represent and warrant to us that: (a) if you are an individual, you are at least the age of majority in your state or province of residence; (b) you have not previously been suspended or removed from the Services; and (c) your registration, use of the Services or purchase of the Products will not violate any law or regulation.
2. ACCOUNTS AND REGISTRATION
To access some features of the Services, you may be required to register an account. When you register an account or purchase a Product, you must provide certain information about yourself, such as your name, email address, street address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. If you create an account, you are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
3. SALE OF PRODUCTS
The Site includes the Store, through which we may offer and sell certain products (the “Products”) to you. Before you make any payments in connection with such purchases, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable except under the limited circumstances set forth in Section 5. Any offer for any Product made on the Site is void where prohibited.
We reserve the right to impose certain limitations on orders placed through the Store, or to refuse or cancel any order you place with us. Please contact us if you would like to place a large order through the Store, as we may, in our sole discretion, limit the number of Products that you may purchase, including on a per-customer, per-household or per-order basis. We also reserve the right to limit or prohibit orders placed through the Store that, in our sole judgment, appear to have been placed by dealers, resellers or distributors who have not obtained our prior permission. If we modify or cancel an order you have placed, we may attempt to notify you by contacting you at the e-mail address, billing address or phone number that you provided at the time you placed the order.
5. RETURN POLICY
The following return policy applies only to Products purchased through PowerVision’s online Store. If you purchased a PowerVision product from any other seller, then that seller’s return policy applies to your purchase.
(a) Canceling Your Order. If you wish to cancel an order for Products from the Store, and we have not yet shipped your order, please contact us at firstname.lastname@example.org and we will make reasonable efforts to cancel your order prior to shipment.
(b) Returning Defective Products. Some Products may be provided to you with a Limited Product Warranty, which (depending upon the terms of such Limited Product Warranty) may allow you to return the Product to us for replacement or refund in certain situations. To return a product covered by our Limited Product Warranty, you must obtain a valid Return Merchandise Authorization (“RMA”) by contacting the PowerVision support team and providing information as requested. Once you have obtained an RMA, you may return your Product in its original packaging.
(c) Returning Non-Defective Products. Before returning a non-defective Product, you must contact us at email@example.com to receive a valid RMA and instructions for your return. We will fully refund the purchase price of Products returned to us in their unopened original packaging and in merchantable condition within 15 days of the date of purchase. We may, in our sole discretion, elect to offer you a partial refund or Store credit for other returns.
(d) Shipping Costs. We will pay shipping costs for Products returned pursuant to a Limited Product Warranty (as defined in Section 14) and shipped according to our instructions. You agree to pay shipping costs for all other returns.
6. MODIFICATIONS TO THE SERVICES AND PRODUCTS
We continuously seek to improve our products and services. We may, from time to time in our sole discretion (a) discontinue or limit our supply of any Product, or (b) modify the design, construction or specifications of any Product. All descriptions of the Products and any Product pricing are subject to change at any time without notice, in our sole discretion. Additionally, we reserve the right at any time to modify, suspend or discontinue the Services at any time and without notice to you. We shall not be liable to you or to any third party in connection with any changes to Products sold in the Store (including price changes), or any modifications to, suspension of or discontinuance of the Services.
7. CONTENT AND ACCURACY
While we endeavor to keep the information available through the Services accurate and up-to-date, such information (including information related to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability) may feature typographical errors, inaccuracies or omissions. We are not responsible if any content available through the Services is inaccurate, incomplete or outdated. We also cannot guarantee the accuracy of any images of Products, nor can we guarantee that your computer monitor will correctly display them. We reserve the right to correct any errors, inaccuracies or omissions, and to cancel an order you have placed if we become aware that any information made available in connection with the Products or Services is inaccurate, at any time and without prior notice. However, we are not obligated to update, amend or clarify information available in connection with the Services (including, without limitation, pricing information) except as required by law. No update or refresh date displayed in connection with any part of the Services should be taken to indicate that all content available through the Services has been modified or updated.
You may terminate your account by contacting us using the contact information set forth in Section 22 and notifying us that you wish to terminate your account. If you terminate your account or cease using the Services, you remain obligated to pay any outstanding fees that were incurred prior to termination. If you violate these Terms at any time, then you no longer have our permission to use the Services, notwithstanding any permission granted elsewhere in these Terms. In addition, we may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice.
9. THIRD-PARTY LINKS
10. OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by PowerVision. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), Products, software, services, and all other elements of the Services (“Materials”) provided by PowerVision are protected by intellectual property and other laws. All Materials are the property of PowerVision or our third-party licensors. We reserve all rights to the Materials not expressly granted in these Terms.
We appreciate the support and suggestions of our customers! If you provide PowerVision with any comments, bug reports, support requests, feedback, or ideas for modifications or improvements that relate to PowerVision, the Products, the Services, or any current or future PowerVision products or services (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and PowerVision shall have the right to use such Feedback at its discretion, including without limitation by incorporating of such suggested changes into the Products, the Services, or any future products and services. You hereby grant PowerVision a perpetual, irrevocable, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.
12. PROHIBITED CONDUCT
YOU AGREE NOT TO:
(a) use the Products or the Services for any illegal purpose or in violation of any local, state, national, or international law or regulation;
(b) violate any right of a third party, including any right of privacy or publicity, or by infringing or misappropriating any third-party intellectual property right;
(c) interfere with security-related features of the Products or Services, including by: (i) disabling or circumventing features that prevent or limit use or copying; (ii) reverse engineering any part of the Products or Services, except to the extent expressly permitted by applicable law; or (iii) interfering with, intruding into, or disrupting any network, equipment, or server connected to or used to provide the Services;
(d) perform any fraudulent activity including impersonating any person or entity, or otherwise submit false or misleading information;
(e) sell or otherwise transfer (i) the access granted under these Terms, (ii) any Materials, or (iii) any right or ability to view, access, or use any Materials; or
(f) attempt to do any of the acts described in this Section 12, or assist, encourage, permit, or request any person to engage in any of the acts described in this Section 12.
To the extent permitted by applicable law, you agree to indemnify, defend and hold PowerVision and its affiliates, officers, directors, suppliers, licensors, and other customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the Products or the Services, or your violation of these Terms, any applicable law or regulation, or the rights of any third parties. Notwithstanding the foregoing sentence, you have no obligation to indemnify us against liability and costs resulting from our negligence or willful misconduct.
THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. CERTAIN PRODUCTS MAY BE PROVIDED TO YOU WITH CERTAIN LIMITED WARRANTIES AS DESCRIBED IN MATERIAL PROVIDED TO YOU WITH SUCH PRODUCTS (A “LIMITED PRODUCT WARRANTY”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERVISION DISCLAIMS ALL OTHER WARRANTIES, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. POWERVISION EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICES, OR THE QUALITY, AVAILABILITY, OR CONSISTENCY OF THE SERVICES.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL POWERVISION BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, THE PRODUCTS OR THE SERVICES, EVEN IF POWERVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS PROVIDED IN SECTION 17(D)(iii), IN NO EVENT WILL POWERVISION’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THESE TERMS EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100) OR (B) THE AMOUNT YOU HAVE PAID TO POWERVISION FOR THE APPLICABLE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES RESULTING FROM OUR NEGLIGENCE OR WILLFUL MISCONDUCT, SO THE LIMITATIONS IN SECTION 14 AND THIS SECTION 15 MAY NOT APPLY TO YOU. IN SUCH AN EVENT, THE LIMITATIONS IN SECTION 14 AND THIS SECTION 15 WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
16. GOVERNING LAW
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles and without application of the United Nations Convention on Contracts for the International Sale of Goods. In the event that Section 17 (Dispute Resolution and Arbitration) is rendered null and void as set forth in Section 17(h), then the parties submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, and waive any objections related to inconvenient forum or venue in such courts.
17. DISPUTE RESOLUTION AND ARBITRATION
(a) Generally. In the interest of resolving disputes between you and PowerVision in the most expedient and cost effective manner, you and PowerVision agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND POWERVISION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 17(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and PowerVision will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PowerVision.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). PowerVision’s address for Notice is: PowerVision Robot Corporation, 1875 South Grant Street, #520, San Mateo, California 94402, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or PowerVision may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PowerVision must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, PowerVision will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by PowerVision in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
(e) Fees. If you commence arbitration in accordance with these Terms, PowerVision will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Mateo, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse PowerVision for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(f) No Class Actions. YOU AND POWERVISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PowerVision agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications to this Arbitration Provision. If PowerVision makes any future change to this arbitration provision, other than a change to PowerVision’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to PowerVision’s address for Notice, in which case your account with PowerVision will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
(h) Enforceability. If Section 17(f) is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to these Terms.
18. CHANGES TO THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was effective at the time the dispute arose. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
These Terms and the End User License Agreement made available to you in connection with your use or purchase of the Products (if applicable) constitute the entire agreement and understanding between you and us governing your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, any prior versions of these Terms). Except as expressly permitted herein, these Terms may be amended only by a written agreement signed by you and PowerVision. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Any failure by us to require performance of any provision of these Terms will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
The parties confirm that it is their wish that these Terms, as well as other documents relating hereto, have been and shall be written in the English language only. Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise.
22. CONTACT INFORMATION
The Services are offered by PowerVision Robot Corporation, located at 1875 South Grant Street, #520, San Mateo, California 94402 USA. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.