General Terms of Service
Welcome to the website and online service of Josh.ai Inc.
(“Company,” “we,” “our” or “us”). This page provides the terms by
which you may access and use: (i) this website and any other website
on which we post this Terms of Service Agreement; and (ii) our voice
controlled home automation product (“Josh”), our online and hosted
services, and the software and hardware provided on or in connection
with our services and/or Josh ((i) – (ii) collectively, the
“Service”). By clicking “I Agree,” or the like indicating acceptance
electronically, or by accessing or using the Service, you signify
that you have read, understood, and you agree to be bound by this
Terms of Service Agreement (“Agreement”) and to the collection and
use of your information as set forth in our Privacy Policy, whether
or not you are a registered user of our Service. Company reserves
the right to make unilateral modifications to these terms and will
provide notice of these changes as described below. This Agreement
applies to all visitors, users, and others who access or use the
Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND
EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL
ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Use of our Service
Eligibility:
You may use the Service only if you can form a binding contract with
Company, and only in compliance with this Agreement and all
applicable local, state, national, and international laws, rules and
regulations. Any use or access to the Service by anyone under 13 is
strictly prohibited and in violation of this Agreement. The Service
is not available to any Users previously removed from the Service by
Company.
Company Service:
Subject to the terms and conditions of this Agreement, Company
hereby grants you a non-exclusive, limited, non-transferable, freely
revocable license to use the Service for your noncommercial use only
and as permitted by the features of the Service. Company reserves
all rights not expressly granted herein in the Service and the
Company Content (as defined below). Company may terminate this
license at any time for any reason or no reason. Company may
subcontract any element of the Service in its sole discretion.
Company Accounts:
Your Company account gives you access to the Service and
functionality that we may establish and maintain from time to time
and in our sole discretion. We may maintain different types of
accounts for different types of Users. If you open a Company account
on behalf of a company, organization, or other entity under your
Account, then (a) “you” includes you and that entity, and (b) you
represent and warrant that you are an authorized representative of
the entity with the authority to bind the entity to this Agreement,
and that you agree to this Agreement on the entity’s behalf. By
connecting to Company with a third-party service, you give us
permission to access and use your information from that service as
permitted by that service, and to store your log-in credentials for
that service.
You may never use another User’s account without permission. When
creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs
during use of the Services through your account, including all guest
and other user accounts under your Company account, and you must
keep your account password secure. We encourage you to use “strong”
passwords (passwords that use a combination of upper and lower case
letters, numbers and symbols) with your account. You must notify
Company immediately of any breach of security or unauthorized use of
your account. Company will not be liable for any losses caused by
any unauthorized use of your account.
You may control your User profile and how you interact with the
Service by changing the settings in your account settings page. By
providing Company your email address you consent to our using the
email address to send you Service-related notices, including any
notices required by law, in lieu of communication by postal mail. We
may also use your email address to send you other messages, such as
changes to features of the Service and special offers. If you do not
want to receive such email messages, you may opt out or change your
preferences in your account settings page. Opting out may prevent
you from receiving email messages regarding updates, improvements,
or offers.
Service Rules:
You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the
Service in any medium, including without limitation by any automated
or non-automated “scraping”; (ii) using any automated system,
including without limitation “robots,” “spiders,” “offline readers,”
etc., to access the Service in a manner that sends more request
messages to the Company servers than a human can reasonably produce
in the same period of time by using a conventional on-line web
browser (except that Company grants the operators of public search
engines revocable permission to use spiders to copy materials from
www.josh.ai for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials); (iii)
transmitting spam, chain letters, or other unsolicited email; (iv)
attempting to interfere with, compromise the system integrity or
security or decipher any transmissions to or from the servers
running the Service; (v) taking any action that imposes, or may
impose at our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (vi) uploading invalid data,
viruses, worms, or other software agents through the Service; (vii)
collecting or harvesting any personally identifiable information,
including account names, from the Service; (viii) using the Service
for any commercial solicitation purposes; (ix) impersonating another
person or otherwise misrepresenting your affiliation with a person
or entity, conducting fraud, hiding or attempting to hide your
identity; (x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or
means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict
access to the Service, including without limitation features that
prevent or restrict use or copying of any content or enforce
limitations on use of the Service or the content therein.
Accessing the audiovisual content available on the Service for any
purpose or in any manner other than Streaming (as defined below) is
expressly prohibited. “Streaming” means a contemporaneous digital
transmission of an audiovisual work via the Internet from the
Company Service to a User’s device in such a manner that the data is
intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the
Service or features of the Service, to you or to users generally; or
create usage limits for the Service. We may permanently or
temporarily terminate or suspend your access to the Service without
notice and liability for any reason, including if in our sole
determination you violate any provision of this Agreement, or for no
reason. Upon termination for any reason or no reason, you continue
to be bound by this Agreement.
You are solely responsible for your interactions with other Users,
and for any acts or omissions of any third parties who use the
Service through your Company account. We reserve the right, but have
no obligation, to monitor disputes between you and other Users.
Company shall have no liability for your interactions with other
Users, or for any User’s action or inaction.
User Content
Some areas of the Service allow Users to provide or record content
such as profile information, comments, questions, commands, and
other content or information. Any and all content or materials
(including without limitation personal data or information) a User
submits, provides, records or otherwise makes available on or
through any functionality of the Service and any information
recorded by a User’s actions on the Service, but excluding any data
derived by Company from the foregoing (which is owned by Company and
may be used by Company for any purpose subject to the terms of this
Agreement and our Privacy Policy) is referred to herein as “User
Content”. We claim no ownership rights over User Content created by
you. The User Content you create remains yours; however, by sharing
User Content through the Service to other Users and other services
and products you use with the Service, you agree to allow such other
individuals, and other services and products you use with the
Service, to view, edit, and/or share your User Content in accordance
with your settings and this Agreement. Other individuals whom you
permit to use the Service through your account, and other services
and products you use through the Service may have access to data
regarding your use of the Service, as well as your profile
information, including your name, photo, and other personal
information. Company has the right (but not the obligation) in its
sole discretion to remove any User Content that is shared via the
Service.
You agree not to post, and shall be solely liable for, User Content
that: (i) may create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability, disfigurement, or
physical or mental illness to you, to any other person, or to any
animal; (ii) may create a risk of any other loss or damage to any
person or property; (iii) seeks to harm or exploit children by
exposing them to inappropriate content, asking for personally
identifiable details or otherwise; (iv) may constitute or contribute
to a crime or tort; (v) contains any information or content that we
deem to be unlawful, harmful, abusive, racially or ethnically
offensive, defamatory, infringing, invasive of personal privacy or
publicity rights, harassing, humiliating to other people (publicly
or otherwise), libelous, threatening, profane, or otherwise
objectionable; (vi) contains any information or content that is
illegal (including, without limitation, the disclosure of insider
information under securities law or of another party’s trade
secrets); (vii) contains any information or content that you do not
have a right to make available under any law or under contractual or
fiduciary relationships; or (viii) contains any information or
content that you know is not correct and current; or (ix) violates
any school or other applicable policy, including those related to
cheating or ethics. You agree that any User Content that you post
does not and will not violate third-party rights of any kind,
including without limitation any Intellectual Property Rights (as
defined below) or rights of privacy. To the extent that your User
Content contains music, you hereby represent that you are the owner
of all the copyright rights, including without limitation the
performance, mechanical, and sound recordings rights, with respect
to each and every musical composition (including lyrics) and sound
recording contained in such User Content and have the power to grant
the license granted below. Company reserves the right, but is not
obligated, to reject and/or remove any User Content that Company
believes, in its sole discretion, violates these provisions. You
understand that publishing your User Content on the Service is not a
substitute for registering it with the U.S. Copyright Office, the
Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights”
means all patent rights, copyright rights, mask work rights, moral
rights, rights of publicity, trademark, trade dress and service mark
rights, goodwill, trade secret rights and other intellectual
property rights as may now exist or hereafter come into existence,
and all applications therefore and registrations, renewals and
extensions thereof, under the laws of any state, country, territory
or other jurisdiction.
In connection with User Content, you affirm, represent and warrant
the following:
You have written consent of each and every identifiable natural
person who uses the Service through your account and who is included
in your User Content, including with respect to the use such
person’s name or likeness in the manner contemplated by the Service
and this Agreement, and each such person has released you from any
liability that may arise in relation to such use.
Your User Content and Company’s use thereof as contemplated by this
Agreement and the Service will not violate any law or infringe any
rights of any third party, including but not limited to any
Intellectual Property Rights and privacy rights.
Company may exercise the rights to your User Content granted under
this Agreement without liability for payment of any guild fees,
residuals, payments, fees, or royalties payable under any collective
bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other
information that you provide to us is truthful and accurate.
Company takes no responsibility and assumes no liability for any
User Content. You shall be solely responsible for your User Content
and the consequences of recording, sending, posting or publishing
it, and you agree that we are only acting as a passive conduit for
your distribution and publication of your User Content. You
understand and agree that you and other Users may be exposed to User
Content that is inaccurate, objectionable, inappropriate for
children, or otherwise unsuited to your purpose, and you agree that
Company shall not be liable for any damages you allege to incur as a
result of User Content.
IN ADDITION, COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO
LIABILITY FOR ANY RESPONSES OR OUTPUT GENERATED BY THE SERVICE IN
RESPONSE TO QUERIES YOU MAKE TO THE SERVICE. YOU ACKNOWLEDGE AND
AGREE THAT SUCH RESPONSES AND OUTPUT MAY BE INACCURATE,
OBJECTIONABLE, INAPPROPRIATE OR OTHERWISE UNSUITED TO YOUR PURPOSE,
AND YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR
LOSS RESULTING FROM SUCH RESPONSES.
User Content License Grant
By posting any User Content on the Service, you expressly grant, and
you represent and warrant that you have all rights necessary to
grant, to Company a royalty-free, sublicensable, transferable,
perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit,
translate, distribute, syndicate, publicly perform, publicly
display, and make derivative works of all such User Content and your
name, voice, and/or likeness as contained in your User Content, in
whole or in part, and in any form, media or technology, whether now
known or hereafter developed, for use in connection with the Service
and Company’s (and its successors’ and affiliates’) business,
including without limitation for promoting and redistributing part
or all of the Service (and derivative works thereof) in any media
formats and through any media channels, improving the Service, and
for such other purposes as described in our Privacy Policy. You also
hereby grant each User of the Service a non-exclusive license to
access your User Content through the Service, and to use, reproduce,
distribute, display and perform such User Content as permitted
through the functionality of the Service and under this Agreement.
Software
Software. We may make available software to access
and use the Service via Josh or a mobile device (“Software”). To use
the Software on your mobile device you must have a mobile device
that is compatible with the Software. Company does not warrant that
the Software will be compatible with your mobile device. Company
hereby grants you a non-exclusive, non-transferable, revocable
license to use a compiled code copy of the Software for one Company
account on your Josh device and on one mobile device owned or leased
solely by you, for your personal use. You may not: (i) modify,
disassemble, decompile or reverse engineer the Software, except to
the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise
transfer the Software to any third party or use the Software to
provide time sharing or similar services for any third party; (iii)
make any copies of the Software; (iv) remove, circumvent, disable,
damage or otherwise interfere with security-related features of the
Software, features that prevent or restrict use or copying of any
content accessible through the Software, or features that enforce
limitations on use of the Software; or (v) delete the copyright and
other proprietary rights notices on the Software. You acknowledge
that Company may from time to time issue upgraded versions of the
Software, and may automatically electronically upgrade the version
of the Software that you are using on your Josh or mobile device.
You consent to such automatic upgrading on your mobile device, and
agree that the terms and conditions of this Agreement will apply to
all such upgrades. Any third-party code that may be incorporated in
the Software is covered by the applicable open source or third-party
license EULA, if any, authorizing use of such code. The foregoing
license grant is not a sale of the Software or any copy thereof, and
Company or its third party partners or suppliers retain all right,
title, and interest in the Software (and any copy thereof). Any
attempt by you to transfer any of the rights, duties or obligations
hereunder, except as expressly provided for in this Agreement, is
void. Company reserves all rights not expressly granted under this
Agreement. If the Software is being acquired on behalf of the United
States Government, then the following provision applies. Use,
duplication, or disclosure of the Software by the U.S. Government is
subject to restrictions set forth in this Agreement and as provided
in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Software
originates in the United States, and is subject to United States
export laws and regulations. The Software may not be exported or
re-exported to certain countries or those persons or entities
prohibited from receiving exports from the United States. In
addition, the Software may be subject to the import and export laws
of other countries. You agree to comply with all United States and
foreign laws related to use of the Software and the Company Service.
Software from iTunes. The following applies to any
Software you acquire from the iTunes Store (“iTunes-Sourced
Software”): You acknowledge and agree that this Agreement is solely
between you and Company, not Apple, and that Apple has no
responsibility for the iTunes-Sourced Software or content thereof.
Your use of the iTunes-Sourced Software 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 iTunes-Sourced Software. In the event of any failure
of the iTunes-Sourced Software to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase
price for the iTunes-Sourced Software to you; to the maximum extent
permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the iTunes-Sourced Software,
and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will
be solely governed by this Agreement and any law applicable to
Company as provider of the software. You acknowledge that Apple is
not responsible for addressing any claims of you or any third party
relating to the iTunes-Sourced Software or your possession and/or
use of the iTunes-Sourced Software, including, but not limited to:
(i) product liability claims; (ii) any claim that the iTunes-Sourced
Software fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or
similar legislation; and all such claims are governed solely by this
Agreement and any law applicable to Company as provider of the
software. You acknowledge that, in the event of any third party
claim that the iTunes-Sourced Software or your possession and use of
that iTunes-Sourced Software infringes that third party’s
intellectual property rights, 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 this Agreement. You and Company acknowledge and agree
that Apple, and Apple’s subsidiaries, are third party beneficiaries
of this Agreement as relates to your license of the iTunes-Sourced
Software, and that, upon your acceptance of the terms and conditions
of this Agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this Agreement as relates to
your license of the iTunes-Sourced Software against you as a third
party beneficiary thereof.
Software from the Google Play Store. The following
applies to the Software you acquire from the Google Play Store
(“Google-Sourced Software”): (i) you acknowledge that this Agreement
is between you and Company only, and not with Google, Inc.
(“Google”); (ii) your use of Google-Sourced Software must comply
with Google’s then-current Google Play Store Terms of Service; (iii)
Google is only a provider of the Google Play Store where you
obtained the Google-Sourced Software; (iv) Company, and not Google,
is solely responsible for its Google-Sourced Software; (v) Google
has no obligation or liability to you with respect to Google-Sourced
Software or this Agreement; and (vi) you acknowledge and agree that
Google is a third-party beneficiary to this Agreement as it relates
to Company’s Google-Sourced Software.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein
or transferred thereby, including, without limitation, Software,
images, text, graphics, illustrations, logos, patents, trademarks,
service marks, copyrights, photographs, audio, videos, music, and
User Content belonging to other Users (the “Company Content”), and
all Intellectual Property Rights related thereto, are the exclusive
property of Company and its licensors (including other Users who
post User Content to the Service). Except as explicitly provided
herein, nothing in this Agreement shall be deemed to create a
license in or under any such Intellectual Property Rights, and you
agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from any Company Content. Use
of the Company Content for any purpose not expressly permitted by
this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas
about the Service, including without limitation about how to improve
the Service or our products (“Ideas”). By submitting any Idea, you
agree that your disclosure is gratuitous, unsolicited and without
restriction and will not place Company under any fiduciary or other
obligation, and that we are free to use the Idea without any
additional compensation to you, and/or to disclose the Idea on a
non-confidential basis or otherwise to anyone. You further
acknowledge that, by acceptance of your submission, Company does not
waive any rights to use similar or related ideas previously known to
Company, or developed by its employees, or obtained from sources
other than you.
Company Property
Certain aspects of the Service may allow you to obtain certain
reputational or status indicators (“Company Currency”). You
understand and agree that regardless of terminology used, Company
Property represents a limited license right governed solely by the
terms of this Agreement and available for distribution at Company’s
sole discretion. Company Property is not redeemable for any sum of
money or monetary value from Company at any time. You acknowledge
that you do not own the account you use to access the Service, nor
do you possess any rights of access or rights to data stored by or
on behalf of Company on Company servers, including without
limitation any data representing or embodying any or all of your
Company Property. You agree that Company has the absolute right to
manage, regulate, control, modify and/or eliminate Company Property
as it sees fit in its sole discretion, in any general or specific
case, and that Company will have no liability to you based on its
exercise of such right. All data on Company’s servers are subject to
deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE
ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND
AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT
RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR
TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION,
WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY
DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE,
CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S
SERVERS.
Payments
Billing Policies. Certain aspects of the Service
may be provided for a fee or other charge. You agree to our pricing
and payment terms, as we may update them from time to time. Company
may add new services for additional fees and charges, or amend fees
and charges for existing services, at any time in its sole
discretion. Any change to our pricing or payment terms shall become
effective in the billing cycle following notice of such change to
you as provided in this Agreement. We use Stripe as our third party
service provider for payment services. By using our Service you
agree to be bound by Stripe’s Services Agreement available at
https://stripe.com/us/legal.
Return Policies. By using the Service, you agree to
our Return Policy for products (“Return Policy”), as we may update
them from time to time. Any change to our Return Policy shall become
effective in the billing cycle following notice of such change to
you as provided in this Agreement.
No Other Refunds. You may cancel your Company
account at any time; however, there are no refunds for cancellation,
except as may be permitted under the Return Policy or under Section
14 (Hardware Limited Warranty). In the event that Company suspends
or terminates your account or this Agreement, you understand and
agree that you shall receive no refund or exchange for any Company
Property, any unused time on a subscription, any license or
subscription fees for any portion of the Service, any content or
data associated with your account, or for anything else.
Risk of Loss. All products purchased from or via
the Service are transported and delivered to you by an independent
carrier not affiliated with, or controlled by, Company. Title to
products purchased on the Service, as well as the risk of loss for
such products, passes to you when Company or our supplier delivers
these items to the carrier.
Payment Information; Taxes. All information that
you provide in connection with a purchase or transaction or other
monetary transaction interaction with the Service must be accurate,
complete, and current. You agree to pay all charges incurred by
users of your credit card, debit card, or other payment method used
in connection with a purchase or transaction or other monetary
transaction interaction with the Service at the prices in effect
when such charges are incurred. You will pay any applicable taxes,
if any, relating to any such purchases, transactions or other
monetary transaction interactions.
Payments. Unless otherwise agreed by the parties in
writing, Company shall remit payments due to you hereunder no later
than thirty (30) days after the end of each calendar month in which
the applicable fees are received. Payment shall be in the form you
select when you register for the Service, or as subsequently updated
as permitted by the Service. Payments shall only be made in those
months in which the amount due to you totals at least $10. Unpaid
amounts due shall accrue until the next month in which the amount
due is at least $10. Company reserves the right to withhold payment
or charge back to your account any amounts otherwise due to us under
this Agreement, or amounts due to any breach of this Agreement by
you, pending Company’s reasonable investigation of such breach. To
ensure proper payment, you are solely responsible for providing and
maintaining accurate contact and payment information associated with
your account, which includes without limitation applicable tax
information. If we believe that we are obligated to obtain tax
information and you do not provide this information to us after we
have requested it, we may withhold your payments until you provide
this information or otherwise satisfy us that you are not a person
or entity from whom we are required to obtain tax information. Any
third-party fees related to returned or cancelled payments due to a
contact or payment information error or omission may be deducted
from the newly issued payment. You agree to pay all applicable taxes
or charges imposed by any government entity in connection with your
participation in the Service. If you dispute any payment made
hereunder, you must notify Company in writing within thirty (30)
days of such payment. Failure to so notify Company shall result in
the waiver by you of any claim relating to such disputed payment.
Payment shall be calculated solely based on records maintained by
Company. No other measurements or statistics of any kind shall be
accepted by Company or have any effect under this Agreement. We may
withhold any taxes or other amounts from payments due to you as
required by law.
No Professional Advice
If the Service provides professional information (for example,
medical, legal, or financial), such information is for informational
purposes only and should not be construed as professional advice. No
action should be taken based upon any information contained in the
Service. You should seek independent professional advice from a
person who is licensed and/or qualified in the applicable area.
No Access to Emergency Services
You acknowledge that you cannot use the Services to access emergency
services, such as 911. The Services are not designed or intended to
be used to send or receive any emergency communications to any
police, fire department, hospital, or any other service that
connects a user to a public safety answering point. You should
ensure you can contact your relevant emergency services providers
through a mobile, landline telephone, or other service.
Privacy
We care about the privacy of our Users. You understand that by using
the Service you consent to the collection, use and disclosure of
your personally identifiable information and aggregate data as set
forth in our Privacy Policy, and to have your personally
identifiable information collected, used, transferred to and
processed in the United States.
Security
Company cares about the integrity and security of your personal
information. However, we cannot guarantee that unauthorized third
parties will never be able to defeat our security measures or use
your personal information for improper purposes. You acknowledge
that you provide your personal information at your own risk.
Third-Party Links
The Service may contain links to third-party websites, advertisers,
services, special offers, or other events or activities that are not
owned or controlled by Company. Company does not endorse or assume
any responsibility for any such third-party sites, information,
materials, products, or services. If you access a third party
website from the Service, you do so at your own risk, and you
understand that this Agreement and Company’s Privacy Policy do not
apply to your use of such sites. You expressly relieve Company from
any and all liability arising from your use of any third-party
website, service, or content. Additionally, your dealings with or
participation in promotions of advertisers found on the Service,
including payment and delivery of goods, and any other terms (such
as warranties) are solely between you and such advertisers. You
agree that Company shall not be responsible for any loss or damage
of any sort relating to your dealings with such advertisers.
Indemnity
You agree to defend, indemnify and hold harmless Company and its
subsidiaries, agents, licensors, managers, and other affiliated
companies, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Service, including any data or content
transmitted or received by you; (ii) your violation of any term of
this Agreement, including without limitation your breach of any of
the representations and warranties above; (iii) your violation of
any third-party right, including without limitation any right of
privacy or Intellectual Property Rights; (iv) your violation of any
applicable law, rule or regulation; (v) any claim or damages that
arise as a result of any of your User Content or any that is
submitted via your account; or (vi) any other party’s access and use
of the Service with your unique username, password or other
appropriate security code.
Hardware Limited Warranty
Company warrants to the original owner of Josh purchased and
installed via our Services or an authorized Company dealer
(“Products”) will be free from manufacturing defects in materials
and workmanship under normal use and service for the period of
eighteen (18) months from the date of purchase (“Limited Warranty”).
This Limited Warranty is only valid and enforceable in locations
Products are sold. This Limited Warranty only applies to hardware
components (and not any software elements) of Products, and this
Limited Warranty does not apply to damage caused by normal wear and
tear, accidents, misuse or failure to follow product documentation,
neglect, disassembly, alterations, servicing other than by Company
authorized technicians, and external causes such as, but not limited
to, water damage, anomalies in the electrical current supplied to
the device, and extreme thermal or environmental conditions. This
Limited Warranty does not guarantee that use of the Products will be
uninterrupted or error free. Nothing in this Limited Warranty will
reduce or otherwise affect your statutory rights in relation to the
Products.
If a defect arises and you return the Product during the
eighteen-month Limited Warranty period, Company will, in its sole
discretion and to the extent permitted by law, either repair your
Product using new or refurbished parts, replace your Product with a
new or refurbished Product functionally at least equivalent to
yours, or accept the return of your Product in exchange for
providing you a refund of the purchase price you originally paid for
it. If Company repairs or replaces Products, the repaired or
replaced Products will continue to be warranted solely for the
remaining time of the original Limited Warranty period. All returned
parts for which you have received a replacement will become the
property of Company.
To make a claim under the Limited Warranty, please call our customer
service department at during normal business hours 9 am to 5 pm PT,
excluding New Year’s Eve and Day, Memorial Day, July 4, Thanksgiving
Day, Christmas Eve and Day, and be ready to provide your name,
contact information and the serial number on the Product, as well as
a purchase receipt.
Additional conditions of the Hardware Limited Warranty are as
follows:
• Limited Warranty claims must be made to a
Company authorized dealer or Company authorized representative
within sixty (60) days of discovery of the Product defect.
• Upon receiving a written notice of a
warranty claim that the specified Product does not meet the Limited
Warranty set forth in this Agreement, Company will issue you a
Return Material Authorization (RMA) number.
• Covered products are tracked by serial
number and must be shipped (prepaid by you) to Company’s repair
facility. Original or original-like packaging must be utilized to
prevent damage in transit. Upon receipt of the Product, Company
shall inspect and test it.
• In the event that Company determines that
your issues can be addressed by shipping a replacement part or
Product to you, Company will ship the replacement to your site.
Based on availability, Company will use commercially reasonable
efforts to ship the replacement unit.
• Replacement units will be new or like-new
quality.
• If you fail to return the defective
Product within twenty (20) days of a replacement Product being
shipped to you, you will be charged the then-current fee for such
defective Product.
• If Product is returned to Company for a
refund within the Limited Warranty period, the Product must be
shipped to the Company facility where it will either be restocked or
inspected and tested to determine the validity of the refund claim.
If Company determines the product is defective, it will refund the
customer and retain ownership of the Product.
• Company is not responsible for
installation of replacement Products.
• Separate “no trouble found” charges may
apply for Product returned under the warranty for repair that is
determined to be in good working order. Such costs are limited to
shipping, handling, testing, and administrative expenses.
• Company liability on any claim for damages
arising out of or in connection with the manufacture, sale,
installation, delivery, or use of the Product shall never exceed the
purchase price of the Product.
• Company is not responsible for any data
lost as part of the warranty return process.
• It is the authorized dealer’s
responsibility to ensure that no confidential, proprietary, or
personal information remains on the defective Product before
returning to Company.
Warranty Exclusions:
• This Limited Warranty does not cover the
cost or damage of Product installation, removal, or reinstallation.
• This Limited Warranty shall be the sole
and exclusive remedy to the original purchaser. In no event shall
Company be liable for incidental or consequential damage of any
kind.
• This Limited Warranty is voided and will
not cover any Product that has had the serial number tampered with,
removed, or altered in any way.
• Company reserves the right to reject any
Product that fails to meet any and all limitations of the Limited
Warranty.
• Company does not extend or provide
warranty for any third party product re-sold by Company or a Company
authorized dealer. All warranty claims for such third party products
must be made with the equipment manufacturer.
• Product returned and damaged due to
inadequate packaging will be considered void of the Limited
Warranty.
• The Limited Warranty will be voided if and
when there is any Product misuse, which includes:
o Product or
cosmetic defect due to accidental damage, dislodgement from a wall
or surface, abuse, neglect, flood, fire, earthquake, or any act of
god.
o Modifications to
alter the functionality or capabilities of the Product without the
knowledge or express written consent of Company.
o Modifications to
alter the appearance of the Product. This includes painting,
sanding, gluing or altering the cosmetic appearance in any other
way.
o Improper or
incorrect installation of voltage lines, fuses, circuit breakers, or
incompatible load types.
o Improper and or
incorrect repair.
o Using anything
other than the official Company power supply, including cables and
power adaptor.
o Operation or
storage of Product outside specified temperatures and humidity
(environmental) specifications set forth by Company documentation.
o Failure to store,
install, maintain, or repair Product in accordance with Company
documentation.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION 14 (HARDWARE LIMITED
WARRANTY) IS THE ONLY EXPRESS WARRANTY COMPANY PROVIDES, AND THE
REMEDY SET FORTH IN THIS SECTION 14 IS YOUR SOLE REMEDY, WITH
RESPECT TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED,
ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING PRODUCTS,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. COMPANY ALSO LIMITS THE DURATION OF ANY
APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THE
LIMITED WARRANTY PERIOD OF THE EXPRESS WARRANTY ABOVE.
Disclaimer
THE SERVICE (INCLUDING WITHOUT LIMITATION ANY AND ALL RELATED
PROFESSIONAL SERVICES, SUCH AS INTEGRATION, CONFIGURATION AND
INSTALLATION SERVICES): IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IS
PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT; AND YOUR USE THEREOF IS AT YOUR OWN RISK. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY,
ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT
YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE
OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT
ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Company employee or representative or its affiliates or any third
party is authorized to make any modification, extension or addition
to Section 14 (Hardware Limited Warranty) or this Section 15
(Disclaimer) or any part of this Agreement. If any term of Section
14 or this Section 15 is held to be illegal or unenforceable, the
remaining terms of Section 14 and this Section 15 will remain in
full force and effect.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER
UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE
INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR
SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY
BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
(VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES,
AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO
YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES,
LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO
COMPANY HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING
RISE TO THE LIABILITY OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS
AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United
States. Company makes no representations that the Service is
appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their
own volition and are entirely responsible for compliance with all
applicable United States and local laws and regulations, including
but not limited to export and import regulations. You may not use
the Service if you are a resident of a country embargoed by the
United States, or are a foreign person or entity blocked or denied
by the United States government. Unless otherwise explicitly stated,
all materials found on the Service are solely directed to
individuals, companies, or other entities located in the United
States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (i) the Service
shall be deemed solely based in California; and (ii) the Service
shall be deemed a passive one that does not give rise to personal
jurisdiction over us, either specific or general, in jurisdictions
other than California. This Agreement shall be governed by the
internal substantive laws of the State of California, without
respect to its conflict of laws principles. The parties acknowledge
that this Agreement evidences a transaction involving interstate
commerce. Notwithstanding the preceding sentences with respect to
the substantive law, any arbitration conducted pursuant to the terms
of this Agreement shall be governed by the Federal Arbitration Act
(9 U.S.C. §§ 1-16). The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly
excluded. You agree to submit to the personal jurisdiction of the
federal and state courts located in Los Angeles County, California
for any actions for which we retain the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to
prevent the actual or threatened infringement, misappropriation or
violation of a our copyrights, trademarks, trade secrets, patents,
or other intellectual property or proprietary rights, as set forth
in the Arbitration provision below, including any provisional relief
required to prevent irreparable harm. You agree that Los Angeles
County, California is the proper forum for any appeals of an
arbitration award or for trial court proceedings in the event that
the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT
REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute
with Company, you agree to first contact us at legal@josh.ai and
attempt to resolve the dispute with us informally. In the unlikely
event that Company has not been able to resolve a dispute it has
with you after sixty (60) days, we each agree to resolve any claim,
dispute, or controversy (excluding any claims for injunctive or
other equitable relief as provided below) arising out of or in
connection with or relating to this Agreement, or the breach or
alleged breach thereof (collectively, “Claims”), by binding
arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited
Arbitration Procedures then in effect for JAMS, except as provided
herein. JAMS may be contacted at www.jamsadr.com. The arbitration
will be conducted in Los Angeles County, California, unless you and
Company agree otherwise. If you are using the Service for commercial
purposes, each party will be responsible for paying any JAMS filing,
administrative and arbitrator fees in accordance with JAMS rules,
and the award rendered by the arbitrator shall include costs of
arbitration, reasonable attorneys’ fees and reasonable costs for
expert and other witnesses. If you are an individual using the
Service for non-commercial purposes: (i) JAMS may require you to pay
a fee for the initiation of your case, unless you apply for and
successfully obtain a fee waiver from JAMS; (ii) the award rendered
by the arbitrator may include your costs of arbitration, your
reasonable attorney’s fees, and your reasonable costs for expert and
other witnesses; and (iii) you may sue in a small claims court of
competent jurisdiction without first engaging in arbitration, but
this does not absolve you of your commitment to engage in the
informal dispute resolution process. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. Nothing in this Section shall be deemed as preventing
Company from seeking injunctive or other equitable relief from the
courts as necessary to prevent the actual or threatened
infringement, misappropriation, or violation of our data security,
Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL
PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR
USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL
CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION,
AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE
MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS
AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE
ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY
KIND.
General
Assignment. This Agreement, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Company without restriction. Any
attempted transfer or assignment in violation hereof shall be null
and void.
Notification Procedures and Changes to the Agreement.
Company may provide notifications, whether such notifications are
required by law or are for marketing or other business related
purposes, to you via email notice, written or hard copy notice, or
through posting of such notice on our website, as determined by
Company in our sole discretion. Company reserves the right to
determine the form and means of providing notifications to our
Users, provided that you may opt out of certain means of
notification as described in this Agreement. Company is not
responsible for any automatic filtering you or your network provider
may apply to email notifications we send to the email address you
provide us. Company may, in its sole discretion, modify or update
this Agreement from time to time, and so you should review this page
periodically. When we change the Agreement in a material manner, we
will update the ‘last modified’ date at the bottom of this page.
Your continued use of the Service after any such change constitutes
your acceptance of the new Terms of Service. If you do not agree to
any of these terms or any future Terms of Service, do not use or
access (or continue to access) the Service.
Entire Agreement/Severability. This Agreement,
together with any amendments and any additional agreements you may
enter into with Company in connection with the Service, shall
constitute the entire agreement between you and Company concerning
the Service. If any provision of this Agreement is deemed invalid by
a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect, except that
in the event of unenforceability of the universal Class Action/Jury
Trial Waiver, the entire arbitration agreement shall be
unenforceable.
No Waiver. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any
other term, and Company’s failure to assert any right or provision
under this Agreement shall not constitute a waiver of such right or
provision.
California Residents. If you are a California
resident, in accordance with Cal. Civ. Code §1789.3, you may report
complaints to the Complaint Assistance Unit of the Division of
Consumer Sites of the California Department of Consumer Affairs by
contacting them in writing at 1625 North Market Blvd., Suite N 112
Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916)
445-1254.
You can contact Company by mail at 191 University Blvd #188, Denver,
CO 80206 if you have a question or concern about any product or
service we sell over the Internet.
This Agreement was last modified on 06/26/23
4140-3242-1904