Last Modified: August 13, 2021
3.The Vesync Website and Mobile ApplicationThe 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.
5.Accessing the Website and Account SecurityWe 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.
7.TrademarksThe 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.
9.Reliance on Information PostedThe 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.
11.Online Purchases and Other Terms and Conditionsa.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.
13.Links from the Website to Third Party SitesThe 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 WarrantiesTO 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 LiabilityTO 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.
23.Your Comments and ConcernsThis 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: firstname.lastname@example.org.