EZVIZ, Inc. and its affiliates (collectively “EZVIZ”) provide the following services for use in conjunction with various EZVIZ Internet-connected products (“Products”): (1) a EZVIZ user website and user accounts that may be accessed at www.ezvizlife.com, and all associated sites connected with www.ezvizlife.com (the “Website”); (2) online services accessible through the Website (“Web Apps”); (3) software applications that can be downloaded to a mobile device (“Mobile Apps”); and (4) subscription services, including paid subscriptions to EZVIZ’s cloud storage services and other paid features (“Subscription Services”). The term “EZVIZ Services” means the Website, Web Apps, Mobile Apps, and Subscription Services.
1. No Life-Safety or Critical Uses of the EZVIZ Services
You acknowledge and agree that the EZVIZ Services and Products are not certified for emergency response. EZVIZ makes no warranty or representation that use of the EZVIZ Services or Products with any third-party product or service will affect or increase any level of safety or security. The EZVIZ Services and Products are not third-party monitored emergency notification system -- EZVIZ will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
2. Electronic Contracting and Messaging
By using the EZVIZ Services, registering the Product, creating an online account for the EZVIZ Services (“Account”), or engaging in any transactions via the EZVIZ Services, you are agreeing to these Terms and our Privacy Statement. You agree that when you use your login credentials or click on any “I Agree” button when using the EZVIZ Services, you affirmatively consent to conduct business electronically with EZVIZ, and such credentials and processes have the same force and effect as your written signature. You agree and consent to EZVIZ sending you disclosures, messages, notices, and other communications, including direct marketing text messages, to your designated mobile phone and email account.
3. These Terms May Change
EZVIZ reserves the right to make changes to these Terms over time. We will notify you through the EZVIZ Services or via email if we make material modifications. Continued use of any EZVIZ Service following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Relationship to Product Warranty
These Terms govern your use of the EZVIZ Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
5. Eligibility; Children
You are prohibited from registering a Product for use with the EZVIZ Services or from using the EZVIZ Services unless you are 18 years of age or older. You may not use the EZVIZ Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 13. Any use or access to the EZVIZ Services by individuals under the age of 13 is strictly prohibited and is a violation of these Terms. If you are between the ages of 13 and 18 years of age, you must have your parent or legal guardian register a Product or create an Account to use the EZVIZ Services, and you must only use the EZVIZ Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Please contact us at firstname.lastname@example.org if you believe we might have any information from or about a child under 13, or if we might have any information from or about a child without verification of parental consent, and we will delete that information.
6. Creating an Account
To use your Product via EZVIZ Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the EZVIZ Services does not violate any U.S. or other applicable law or regulation. You have no right to transfer your Account to any other individual in any manner, which includes sharing your password with other individuals. EZVIZ is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify EZVIZ immediately of any unauthorized access to or use of your Account or any breach of security.
7. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to the EZVIZ Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the EZVIZ Services. The EZVIZ Services will may be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) a computer or a mobile device with Android OS or Apple iOS to pair the Products with its nearby Wi-Fi network; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by EZVIZ in connection with specific Products. In addition, you acknowledge that EZVIZ may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the EZVIZ Service.
8. Changes to EZVIZ Services
EZVIZ may change, upgrade, discontinue, or temporarily suspend any feature or component of the EZVIZ Services at any time without notice. EZVIZ cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the EZVIZ Services will operate as intended. You acknowledge that you may be required to install software updates to use the EZVIZ Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
9. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the EZVIZ Services, or until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, EZVIZ may suspend or terminate your rights to use the EZVIZ Services if EZVIZ believes in good faith that you have used an EZVIZ Service in violation of these Terms. If you transfer an EZVIZ Product to a new owner, your right to use the EZVIZ Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or the EZVIZ Service sunder your Account and will need to register for a separate Account with EZVIZ. Upon termination of your Account, your right to use the EZVIZ Services will automatically terminate and we may delete Your Content and other information related to your Account at the end of your subscription period. You may cancel your Account at any time by calling Customer Support at email@example.com.
Subject to your compliance with these Terms, EZVIZ grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) Mobile Apps, and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the EZVIZ Service. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EZVIZ or its licensors.
11. License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the EZVIZ Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the EZVIZ Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or EZVIZ Services; (v) use the Software and EZVIZ Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of EZVIZ, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, EZVIZ Service, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or EZVIZ Services for any service bureau, time-sharing, resale, or similar purposes.
EZVIZ reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
12. Open Source
Certain third party software code may be included in the Products that are subject to “open source” or “free software” licenses (“Open Source Software”). The Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, EZVIZ makes such Open Source Software, and EZVIZ modifications to that Open Source Software, available by written request to EZVIZ at the email listed below:
By downloading or requesting the source code to any of the Open Source Software (“Source Code”), you agree to the following:
EZVIZ PROVIDES THE SOURCE CODE TO YOU ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EZVIZ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZVIZ AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
13. Access to EZVIZ Services
You may only access and use the EZVIZ Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) viewing, sharing, and storing video, audio, and other content captured and transmitted by the Products to the EZVIZ Services, and (c) to subscribe to the EZVIZ Services, manage your Account and preferences, and maintain your registration data.
When using the EZVIZ Services, you shall not:
- disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the EZVIZ Services or any computer network;
- circumvent any technological measure implemented by EZVIZ or any of EZVIZ’s providers or any other third party (including another user of the EZVIZ Services) to protect the EZVIZ Services;
- upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, the EZVIZ Services, or any other system, device, or property;
- run Maillist, Listserv, or any form of auto-responder or “spam” on the EZVIZ Services;
- attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user;
- jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into the EZVIZ Services as you);
- impersonate any other user, person, or entity (including, without limitation, using e-mail addresses associated with any of the forgoing to create an Account);
- provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from EZVIZ; or
- violate any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the U.S. or other countries).
These Terms shall apply to any future update, release, or other change to the Services.
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via the Product or directly into the EZVIZ Services, including for storage and sharing with third parties online (“Your Content”). When you post Your Content in publicly accessible sections of the EZVIZ Services or third-party social networking sites via the EZVIZ Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the EZVIZ Services, and EZVIZ will not be liable for any errors or omissions in Your Content.
EZVIZ may also make available on the EZVIZ Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship it owns or from other users of the EZVIZ Services (“EZVIZ Content”). EZVIZ Content, along with the EZVIZ Service and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You may access and view EZVIZ Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such EZVIZ Content without EZVIZ’s prior written consent.
EZVIZ makes no endorsement, representation, or warranty of any kind about Your Content or EZVIZ Content, or any information, services, or recommendations accessed through the EZVIZ Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the EZVIZ Service.
You agree that all Your Content and EZVIZ Content accessed by you using the EZVIZ Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for your having acquired or not acquired Your Content or EZVIZ Content through the EZVIZ Service.
By making Your Content available on or through the EZVIZ Services you grant to EZVIZ a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable right and license to use, copy, modify, publicly display, publicly perform, and distribute Your Content in connection with operating and providing the EZVIZ Services to you. We also have the right to reformat, create derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via the EZVIZ Services. When you post or share Your Content for public viewing, you grant EZVIZ the right and license to copy, distribute, license, market, perform, display, distribute, exploit, and create derivative works of Your Content without any restriction or compensation to you, in any medium or via any channel now known or later discovered. Such licenses and rights shall be sub-licensable by EZVIZ.
You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose, and that you grant us a license to use Your Content as described in these Terms.
You warrant, represent, and agree that Your Content and the use and provision of Your Content on the EZVIZ Services as provided in these Terms will not: (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment, or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
All comments, suggestions, feedback, or ideas Submitted by you about the EZVIZ Services are EZVIZ’s property and we may access, copy, modify, redistribute, publish, or otherwise use them for any purpose and in any way without due compensation to you. EZVIZ does not waive any right to use similar ideas previously known to us or developed by us.
16. Paid Subscriptions
When you are required to activate a Product that includes online data storage, you will automatically receive a one-month trial to our online storage services for Your Content free of charge. After the one-month trial period, you can elect to subscribe to online services for Your Content and add paid features to your Account (i.e., the Subscription Services). Please see EZVIZ’s Terms and Conditions of Sale for more information concerning subscription services.
17. Limitations of EZVIZ Services
The EZVIZ Services are intended to be accessed and used for non-time-critical information and control of Products. While we strive for the EZVIZ Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The EZVIZ Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and carriers, among others. You acknowledge these limitations and agree that EZVIZ is not responsible for any damages allegedly caused by the failure or delay of the EZVIZ Services to reflect current status of the Product, notifications, or timing of Your Content.
The EZVIZ Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. EZVIZ does not offer any specific uptime guarantee for the EZVIZ Services. EZVIZ is not liable for any losses arising from a suspension of the EZVIZ Services.
All information concerning the EZVIZ Services and use of the Product with the EZVIZ Services is provided “as is” and “as available”. EZVIZ does not guarantee that this information is correct or up to date. Accessing the information through the EZVIZ Services is not a substitute for direct access to the information in or on the Product itself.
Although EZVIZ cares about the security, integrity, and availability of Your Content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide Your Content and your personal information at your own risk.
18. Limitations of the EZVIZ Service Due to Reliance on Third Parties
The EZVIZ Services rely on certain third-party products and services. For example, some aspects of the EZVIZ Services– such as data storage, synchronization, and communication – are enabled by Amazon Web Services. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the EZVIZ Services. These third-party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. EZVIZ is not responsible for any damages and losses due to the operation of these third-party products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and EZVIZ and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
19. Third-Party Website Links and Referrals
20. Release Regarding Third-Parties
EZVIZ is not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable the EZVIZ Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors.
EZVIZ HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE EZVIZ AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
21. Geographic Restrictions
The owner of the EZVIZ Services is based in the state of California in the United States. EZVIZ provides the EZVIZ Services for use only be persons located in the United States. EZVIZ makes no claims that the EZVIZ Services or any of their contents are accessible or appropriate outside the United States. Access and use of the EZVIZ Services may not be legal by certain persons or in certain countries. If you access or use the EZVIZ Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EZVIZ SERVICES (I.E. THE WEBSITE, MOBILE APPS, WEB APPS, SUBSCRIPTION SERVICES) AND SOFTWARE ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND EZVIZ AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
EZVIZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE, OR EZVIZ SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE EZVIZ SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
EZVIZ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND EZVIZ WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE EZVIZ SERVICES. EZVIZ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE EZVIZ SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF THE EZVIZ SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. EZVIZ DOES NOT REPRESENT OR GUARANTEE THAT THE EZVIZ SERVICE WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EZVIZ DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE EZVIZ SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT EZVIZ) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT EZVIZ SHALL NOT BE LIABLE IN THE EVENT THAT THE EZVIZ SERVICES IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE THE EZVIZ SERVICE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
23. LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EZVIZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST DOCUMENTATION, OR LOSS OF REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE EZVIZ SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE EZVIZ SERVICES OR BY FAILURES OF THE EZVIZ SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EZVIZ KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EZVIZ’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE EZVIZ SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO EZVIZ OR EZVIZ’S AUTHORIZED RESELLER FOR THE EZVIZ SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. EZVIZ DISCLAIMS ALL LIABILITY OF ANY KIND OF EZVIZ’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EZVIZ AND YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold EZVIZ, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the EZVIZ Services and Products; (ii) your violation of these Terms; (iii) Your Content, and (iv) your violation of any law or the rights of any third party. EZVIZ will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
25. Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue, or request for relief between you and EZVIZ arising out of or relating to these Terms or the EZVIZ Service (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and EZVIZ, our goal is to learn about and address your concerns. You agree that you will notify EZVIZ about any Dispute you have with EZVIZ regarding these Terms or the Products or EZVIZ Services by contacting EZVIZ at firstname.lastname@example.org. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or EZVIZ may bring a formal proceeding.
26. Binding Arbitration
You and EZVIZ agree to submit to binding arbitration all Disputes on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective, or representative basis between you and EZVIZ. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms , and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in City of Industry, California. You and EZVIZ shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and EZVIZ shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
27. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of the EZVIZ Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
28. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and EZVIZ with respect to the use of the EZVIZ Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between EZVIZ and you regarding the EZVIZ Services. EZVIZ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without EZVIZ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. EZVIZ may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.