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Website Terms of Use

Last Modified: August 13, 2021

      

1.Acceptance of the Terms of Use

These terms of use are entered into by and between you and Vesync Corporation ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the website located at us.vesync.com, including any content, functionality, and services offered on or through us.vesync.com (the "Website"), whether as a guest or a registered user. The Terms of Use also govern your purchases of Company products and services from the websites and mobile applications of third party marketplaces and purchases from Company made after you follow links in third party marketplace websites or mobile applications to pages on this Website. This Website and purchases of products and services on are offered and available to users who are 18 years of age or older. By using this Website or making purchases on third party marketplace websites or mobile applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase any products or services on third party websites or mobile applications.

2.DISPUTES WILL BE ARBITRATED; NO CLASS ACTIONS

YOU ACKNOWLEDGE THAT THESE TERMS OF USE, IN SECTION 19 BELOW, CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND THE COMPANY. EXCEPT FOR LIMITED EXCEPTIONS, THE AGREEMENT TO ARBITRATION WILL REQUIRE THAT YOU AND THE COMPANY SUBMIT DISPUTES BETWEEN US TO BINDING AND FINAL ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (b) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

3.The Vesync Website and Mobile Application

The Vesync Website is part of the Company’s smart home platform that connects you with Etekcity, Levoit, Cosori, and other providers’ smart products. Etekcity, Levoit, and Cosori are affiliates of Vesync. Vesync’s mobile application allows users to link all of their smart products together as part of their smart life. The Website provides users with content about smart home products, including text, graphics, images, displays, sounds, and videos (collectively, "Content "). Users wishing to make purchases can view Content about various smart home products on the Website.

4.Changes to the Terms of UseWe may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

5.Accessing the Website and Account Security

We reserve the right to withdraw, amend, or update Content, social media features, and other features on this Website from time to time, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users for maintenance or other reasons.

6.Intellectual Property Rights

The Website and all of its Content, features, and functionality (including but not limited to the design, selection, and arrangement of any of the foregoing) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. The Company hereby grants you a limited, revocable, nonsublicensable, nontransferable license to: ·Access and display or perform the Website Content on your own computer or computing device. ·Print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. ·Where we provide social media features with certain content, take such actions as are enabled by such features. Other than as set forth above, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website. You must not: ·Modify copies of any Content from the Website. ·Use any illustrations, photographs, graphical, video, or audio sequence Content separately from the accompanying text. ·Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from this site. You must not access or use for any commercial purposes any part of the Website or any services or Content available through the Website. If you wish to make any use of Content on the Website other than that set out in this section, please address your request to: support@vesync.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the Content you have made. No ownership of any right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7.Trademarks

The Company name, the word mark VESYNC, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

8.Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: ·In any way that violates any applicable federal, state, local, or international law or regulation. ·To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, you agree not to: ·Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. ·Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose of copying or republishing any of the material on the Website. ·Use any manual process to monitor or copy any of the Content on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. ·Use any device, software, script, data, or routine that interferes with the proper working of the Website. ·Introduce any viruses, Trojan horses, worms, logic bombs, ransomware, or other material that is malicious or technologically harmful. ·Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. ·Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. ·Otherwise attempt to interfere with the proper working of the Website.

9.Reliance on Information Posted

The Content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

10.Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with the Privacy Policy.

11.Online Purchases and Other Terms and Conditions

a.Transactions with Sellers. If you make a purchase on the Website, the actual contract for sale is directly between you and the Seller. Vesync is not the seller of any item you purchase. oAll purchases are subject to the terms and privacy policies of the applicable Sellers. oYou acknowledge and agree that Vesync has no control over and does not warrant, does not guarantee, and assumes no responsibility or liability for the conduct of any Seller; the availability, quality, safety, or legality of items provided by Sellers; the truth or accuracy of Sellers' content or listings; the ability of Sellers to sell items; or that a Seller can and will actually complete a transaction or, if requested, provide a refund. oYou hereby waive any claims, demands, and damages of every kind and nature, known or unknown, against Vesync or its affiliates or against any of their respective officers, directors, employees, or agents) arising out of or in any way connected with any dispute between you and any Seller. b.Prices and Payment Terms. oAll prices posted on the Website are subject to change by the Seller without notice. Terms of payment are within the Seller’s sole discretion and payment must be received before an order is transmitted to the Seller. You represent and warrant that (i) the payment card information you supply is true, correct, and complete, (ii) you are duly authorized to use such payment card for the opurchase, (iii) charges incurred by you will be honored by your payment card issuer, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. c.Shipments; Delivery; Title and Risk of Loss. oThe Seller will arrange for shipment of the products to you subject to its terms. You will pay all shipping and handling charges specified by the Seller during the ordering process. oVesync is not liable for any delays in shipment by the Seller. d.Returns and Refunds. If you wish to return a purchase or obtain a refund, you agree to communicate with the Seller and arrange for a return or obtain a refund from the Seller (not Vesync). e.Third-Party Materials. The website displays, includes, and make available content from Sellers and other third parties (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY MATERIALS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. YOU ACCESS AND USE THIRD PARTY MATERIALS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES' TERMS AND CONDITIONS.

12.Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: ·Link from your own or certain third-party websites to certain content on this Website. ·Send emails or other communications with certain content, or links to certain content, on this Website. ·Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: ·Establish a link from any website that is not owned by you. ·Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. ·Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

13.Links from the Website to Third Party Sites

The Website links to the websites and resources of our affiliates, including for purposes of allowing you to complete purchases of products. Use of our affiliates’ websites and any other third party websites linked from the Website is subject to the terms and conditions of use for such websites.

14.Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY CONTENT, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

15.Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR: (a) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES IN EXCESS OF $100, OR INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

16.Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Website's Content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website’s Content.

17.Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

18.Agreement to Arbitrate

THIS SECTION IS AN “AGREEMENT TO ARBITRATE.” ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Claims”) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR USE OF THE WEBSITE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE TERMS OF USE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS. Arbitration will be administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by a.the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Santa Ana, California U.S.A. The language of the arbitration shall be English b.Nothing in these Terms of Use shall be construed to preclude a party from bringing an individual action in small claims court or from seeking injunctive relief, damages, or other relief based on an infringement of a party’s intellectual property rights. c.To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or Claim under these Terms of Use shall be joined with any other arbitration or Claim, no class arbitration proceedings shall occur, and each party waives any rights to class arbitration. d.You are entitled to opt out of the terms of this Agreement to Arbitrate in Section 19 or any amendments to it by sending written notice to support@vesync.com within thirty days after first using the Website. Opting out of an amended version of this Agreement to Arbitrate does not affect your Agreement to Arbitrate disputes under this Section 19 before the date we receive your opt out notice. You must provide your name, email address, postal address, and any registered user name. Opting out of the Agreement to Arbitrate in this Section 19 shall not affect any other section of these Terms of Use.

19.Venue

Any legal suit, action, or proceeding permitted under these Terms of Use and arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Santa Ana, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in the jurisdiction of your residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20.Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21.Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22.Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Vesync Corporation regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. No amendment, modification, or waiver of any provision of these Terms of Use shall be effective unless the same is published under Section 4 or is in writing and signed by an authorized representative of each party.

23.Your Comments and Concerns

This website is operated by Vesync Corporation at 1202 N. Miller St. Suite A, Anaheim, CA 92806. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@vesync.com.
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