Ecovacs Robotics Website User Terms & Conditions
Effective date: March 2nd , 2020
THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) GOVERN YOUR USE OF THIS WEBSITE www.ecovacs.com/us (THE “WEBSITE”). BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE.
This Website is made available by Ecovacs Robotics, Inc. (“Ecovacs Robotics”), a Delaware corporation, and all references herein to “We”, “Our”, “Us” refer exclusively to Ecovacs Robotics and its subsidiaries and affiliates. All references herein to “You” and “Your” refer to any user of this Website.
We reserve the right, in Our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions or any aspect of the Website at any time without further notice. We will post changes to these Terms and Conditions on this Website and will indicate at the top of this page the date these Terms and Conditions were last updated. Your continued use of the Website after any such changes are posted constitutes Your acceptance of the new terms and conditions. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND CONDITIONS AND TO REVIEW SUCH CHANGES.
We provide You a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Website conditioned on Your continued compliance with these Terms and Conditions. Notwithstanding the foregoing license grant, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any item or other content on this Website. Without limiting the foregoing, You may print and download information from this Website solely for Your personal use, provided that all hard copies contain all copyright and other such notices contained in such information. You expressly acknowledge and agree that We transfer no ownership or intellectual property interest or title in and to the Website or its content to You or anyone else.
ACCESSING THIS WEBSITE AND RESTRICTIONS
Parts of this Website or some resources it offers will only be available to You if You have an account with Us. To register and open an account with Us, You may be asked to provide certain, sometimes personal information. It is a condition of Your use of this Website that all the information You provide on this Website is correct, current, and complete.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Our express written consent.
We administer this Website from our office in California, United States. We make no representation that this Website is appropriate or available outside the United States. Access of this Website from outside the United States is done at Your own initiation and You are responsible for compliance with applicable laws.
UNAUTHORIZED USE AND LIMITATIONS
This Website is not intended for use by children, especially children under age thirteen (13). By accessing or using this Website, You represent and warrant that You are at least eighteen (18) years of age or older, or that You have the express permission of a parent or legal guardian to access or use this Website, and Your parent or legal guardian agrees to be bound by these terms on Your behalf. You acknowledge and agree that use of the Internet and access to this Website is solely at Your own risk. While We have endeavored to create a secure and reliable Website, You should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, We are not responsible for the security of any information transmitted to or from this Website.
COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY RIGHTS
When accessing this Website, You agree to comply with applicable laws and to respect the intellectual property rights of others. You agree that You are responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that You provide or transmit to Us.
All content on this Website, including text, hidden text within Our source code, software, trademarks, logos, photos, video, images, graphics, music, sound, or any other digital media, is subject to protection by patent, copyright, trademark, and/or other proprietary rights.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Website are the property of their respective owners, including, in some instances, Us and/or Our partner companies. Except as expressly provided in these Terms and Conditions, nothing contained on this Website or these Terms and Conditions serves to grant You, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by Us or by any third party.
You may print or have printed by any third party any downloadable material contained on this Website provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend, or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. Except as expressly provided herein, You may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this Website without express written permission from Us and, if applicable, the respective copyright owner. You acknowledge that You do not acquire any ownership rights by downloading or printing copyrighted materials.
MONITORING; COPYRIGHT COMPLAINTS
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in Our sole discretion, any material and content anywhere on this Website. Notwithstanding this right, we do not and cannot review all materials submitted to this Website. If notified, we may investigate an allegation that content transmitted to Us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between You or any third party within or outside of this Website, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Digital Millennium Copyright Act
We may, in appropriate circumstances and at Our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others. If You believe that Your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, You may notify Us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Website are covered by a single notification, a representative list of such works at this Website;
- 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;
- Information reasonably sufficient to permit Us to contact You, such as Your name, address, telephone number, and if available, an e-mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, Your agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We do not guarantee that the Website or any part of it will be available or accessible all the time. From time to time, We may restrict access to all or some of this Website. We have no obligation to update, amend, or clarify information on this Website, except as required by law. No specified update or refresh date applied on this Website should be taken to indicate that all information on the Website has been modified or updated. Please remember when reviewing information on this Website that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Website to become inaccurate or incomplete.
On occasion, information on this Website may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, product availability, product promotion, and product descriptions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Website is inaccurate.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWS.
NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR ANY OTHER MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEITHER WE, NOR ANY OF OUR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS. OUR PRODUCTS DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION AND MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY WARRANTIES APPLICABLE TO SUCH PRODUCTS OR SERVICES PROVIDED BY US OR BY THIRD PARTY MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. OTHER THAN THE WARRANTIES EXPRESSLY PROVIDED BY US OR BY SUCH THIRD PARTIES (IF ANY), TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.
LIMITATIONS OF LIABILITY
We do not assume any responsibility, and We will not be liable, for any damages to, or any viruses that may infect, Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing this Website, or Your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.
IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
You or We may suspend or terminate Your account or Your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through Your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
We may occasionally allow users to this Website to post content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts, or other information or communications, including any data, questions, comments, suggestions, or the like (collectively “User Content”). By posting User Content, You agree that You will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
· is not consistent with the permissible uses outlined by these Terms and Conditions, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
· infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· constitutes commercial solicitation, political campaigning, or advertising or promotion, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as means of solicitation as determined by Us in Our sole discretion;
· contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
· provides any non-public information about Us or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of employees of Us and other Website users;
· intentionally interferes with the operation of this Website, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
· impersonates any person or entity, including an employee of Us, or otherwise misrepresents the origin of content;
· attacks or insults another website user or website manager;
· suggests or encourages illegal activity; or
· is deemed inappropriate by Us in our sole discretion.
If You do post content or submit material, and unless We indicate otherwise, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Us and our sublicensees the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is true and accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Us for all claims resulting from content You supply Us. We take no responsibility and assumes no liability for any content posted by You or any third party.
We may, but has no obligation to, monitor, review, or edit User Content. In all cases, We reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Our sole discretion, violates the Terms and Conditions. We may take these actions without prior notification to You or any third party. Removal or disabling of access to User Content shall be at Our sole discretion, and We do not promise to remove or disable access to any specific User Content.
You agree to indemnify, defend, and hold harmless Us and Our members, managers, officers, directors, employees, consultants, agents, licensors, retailers, and suppliers from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, arising from or in connection with any violation of these Terms and Conditions or any activity (including negligent or wrongful conduct) by You or any other person accessing this Website using Your account. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You at Your expense, and You shall not in any event settle or otherwise dispose of any matter without Our prior written consent.
LINKS TO OTHER WEBSITES
We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under these Terms and Conditions without notifying You or obtaining Your consent. You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these Terms and Conditions.
The provisions of these Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provisions.
LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of the Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the State of California, United States of America.
CHANGES TO OUR TERMS AND CONDITIONS
If we decide to change these Terms and Conditions, we will update these Terms and Conditions modification date below.
Last Modified: March 2nd , 2020.
If You have any concerns relating to these Terms and Conditions, You may correspond with Us at the following address:
487 Bryant Street, 1st Floor
San Francisco, CA 94107
Tel: (916) 445-1254 (800) 952-5210
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by Ecovacs Robotics, Inc. If you have a question or complaint regarding this Website, please contact our customer service at firstname.lastname@example.org. You may also contact us by writing Ecovacs Robotics, Inc., Attn: Customer Support, 487 Bryant Street, 1st Floor, San Francisco, CA 94107 USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.