FOSOO Oral Care
Changing the World One Smile at a Time
Changing the World One Smile at a Time
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FOSOO Terms of Service
Effective date: June 1st, 2021.
WELLON Technology Co., LTD and its affiliates (collectively, “WELLON”, “FOSOO”, “we”, “our”, or “us”) provide:
1. The websites located at www.fosoo.com and all associated web pages, websites and corresponding social media pages of FOSOO (collectively, the “Site”), your use of which is governed by these Terms of Services (these “Terms”).
2. FOSOO hardware product (the “Products”) and services accessible via the site. Your use of the products and services are governed by these Terms.
In addition to these Terms, your purchase of any product is governed by the Terms of Sale (“Terms of Sale”) below and the limited warranty set forth below.
By creating an account or accessing, purchasing, or using any of our products or services, you accept and agree to be bound by these terms. If you don’t agree to these terms, including the mandatory arbitration provision and class action waiver in section 12, do not use our products or services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes.
If you do not agree to the amended Terms, you must stop using our Services. If you have any questions about these Terms or our Services, please contact us from our support page.
2. Use of FOSOO Products and Services
You must be at least 16 years of age to access, purchase, or use any of our Products or Services. If you are under 16 years of age, do not use, purchase or sign up for any Products or Services. If you are under the age of 18 (or the age of legal majority where you live), you may use our Products or Services only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) who has reviewed these Terms as required by the previous sentence, hereby agrees to be fully responsible for the acts or omissions of such user in relation to the use of our Products or Services. If you use our Products or Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you, the person, or the entity violate these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation.
Accessing the Site from territories where its contents are illegal or unlawful is prohibited.
You may not create more than one FOSOO account. You may not use, purchase or sign up for any of the Products or Services if you were previously prohibited by FOSOO from using the Products or Services.
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify FOSOO immediately of any unauthorized use of your Account. FOSOO shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by FOSOO, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.
● Suspension or Termination of Account
FOSOO may suspend or terminate your Account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of the Terms, any security or other threat to our systems, technology, business or to other people, or other matters warranting such suspension or termination. We are not responsible for any loss or harm related to your inability to access or use our Services.
● Access and Use
You may access and use the Services as permitted by, and subject to, these Terms and any other applicable agreements between you and FOSOO. You are solely responsible for your conduct while using our Products or Services and you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Products or Services. Without limiting the generality of the foregoing, you will not:
1. use or attempt to use another user’s Account without authorization from that user and FOSOO;
2. permit any third party to access the Services except as permitted herein;
3. sell or resell our Products or Services, or commercially use our Products or Services;
4. copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us;
5. modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Products or Services;
6. use our Products or Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden or impair the functioning of our Products or Services in any manner;
7. reverse engineer any aspect of our Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services; 8. copy, frame or mirror any part or content of the Services, other than copying or framing in your own intranet or otherwise for your own internal business purposes; 9. use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services;
10. develop or use any applications, except those applications provided by FOSOO, that interact with our Products or Services without our prior written consent;
11. use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
12. copy any feature, function or graphic of the Products or Services;
or 13. access our Products or Services in order to build a competitive product or service, or copy any feature, function or graphic of the Products or Services.
3. User Content
● Content Submission and Use
Our Services may allow you and other users to create, post, use, share and store content, including message board posts, comments, videos, messages, photos or other preferences you express or materials you share with us or other users when using our Services (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and FOSOO.
You grant FOSOO and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content (including, for avoidance of doubt, any name, username or likeness provided in connection with your User Content or associated with your account) in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and the options you select, when you post or otherwise share User Content on or through our Services, you understand that some or all of your User Content (including your name, username or profile photo and other account information) may be visible to others.
1. be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
2. constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
3. contain or depict any statement, remark or claim that does not reflect your actual view or experience;
4. impersonate, or misrepresent your affiliation with, any person or entity;
5. contain any unsolicited promotion, political campaigning, advertising or solicitation;
6. contain any private or personal information of a third party without such third party’s consent;
7. contain any virus, corrupted data or other harmful, disruptive or destructive file or content;
or 8. in our sole judgment, be objectionable, restrict or inhibit any other person from using or enjoying our Services, or expose us or others to any harm or liability of any type.
We may remove any User Content at any time if we determine that it violates any of these Terms. You represent and warrant that: (y) you have all necessary rights in the User Content to make it available through the Services and grant the license rights in these Terms, and (z) our use of User Content as permitted by these Terms will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
● Prohibited Content
In connection with your use of any Product or Services, you will not:
1. engage in any harassing, threatening, intimidating, predatory or stalking conduct;
2. impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity;
3. use our Products or Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
4. send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
or 5. use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section is solely at FOSOO’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4. Ownership and Intellectual Property
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and all intellectual property therein and in the Products, are owned by FOSOO or our licensors and are protected under both United States and foreign laws. We reserve all right, title and interest in and to the Products or Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
● FOSOO Trademarks
The “WELLON” “FOSOO”, “APEX”, “LUX”, “NOV” names, our logos, our other product and service names, our slogans and the look and feel of the services are trademarks of FOSOO and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may choose to or FOSOO may invite you to submit comments, suggestions or ideas about our Products or Services, including how to improve the Products or Services (“Feedback”). By submitting or providing any Feedback, you agree that your submissions are voluntary, gratuitous and without restriction, and will not place FOSOO under any obligations to you or any other party. FOSOO may use, copy, modify, publish or redistribute the Feedback and its contents for any purpose and in any way without any compensation to you. FOSOO does not waive any rights to use similar or related ideas previously known to FOSOO, developed by its employees or obtained from other sources.
5. FOSOO Terms of Sale
The following terms of sale apply to the purchase of products and services through our site. By purchasing a product or service, you accept and agree to be bound by these terms of sale. If you don't agree to these terms of sale, do not purchase products or services from the site.
● Order Eligibility
To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Site (the “Territory”). We make no promise that Products or Services available on the Site are appropriate or available for use in locations outside the Territory.
● Product Availability, Display and Specifications
Details of the Products and Services available for purchase are set out on the Site. All features, content, specifications, Products, and prices of Products and Services described or depicted on the Site are subject to change at any time without notice. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Site. For example, Products or Services included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.
We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.
● Purchase Restrictions and Quantity Limits
You may only purchase Products and Services for personal use by either yourself or your intended recipient of the Products. The Products and Services are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such an order.
● Order Process; Errors
You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order. Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from FOSOO. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product or Service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price. All prices on the Site are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site.
● Service and Other Fees
Some Services may be provided for a fee, either now or in the future. When you select or use Services subject to a fee, you will pay the applicable fees in connection with such Service(s) in accordance with the amounts and payment terms (including due dates) specified in the applicable Supplemental Terms or on the Site. If no timing or due date for a given Service fee is specified, such fee will be due upon selection or sign up for the applicable Service. Some paid Services may be offered on a subscription basis with fees charged to you upon periodic renewals of such Service absent your termination of such Service prior to the renewal fee becoming due. Unless otherwise noted, all fee payment obligations for Services are non-cancelable and all Service fees paid are non-refundable and non-creditable. FOSOO may change any or all of its Service fees (or impose new fees) upon notification to you of such changed or new fees (except to the extent the applicable Supplemental Terms expressly state that fee rates are locked in for some period of time)
The Site gives you different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the Products and Services, (ii) the credit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.
OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. WE WILL ACCEPT ANY ITEMS RETURNED IN ACCORDANCE WITH OUR RETURN POLICY DESCRIBED ON OUR RETURN POLICY AND LIMITED WARRANTY TERMS. WE MAY DENY ANY RETURN IF IT FAILS TO MEET OUR RETURN CRITERIA DESCRIBED IN OUR RETURN POLICY. FOR ADDITIONAL INFORMATION ON OUR RETURN PROCESS AND POLICY, PLEASE VISIT OUR RETURN POLICY AND LIMITED WARRANTY TERMS.
6. Limited Warranty and Disclaimers
● Limited Warranty
FOSOO offers a limited warranty for certain products in accordance with the terms of its published limited warranty and returns policy (the “Limited Warranty”) posted on our Return and Warranty Policy. All warranty claims are subject to the terms of this Limited Warranty.
● Intended Use of FOSOO Products and Services
Our products and services are intended to be accessed and used for non-critical, non-commercial, personal uses and not for medical or treatment purposes.
● Disclaimer of Warranty
Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and Services and any content therein, including User Content, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, FOSOO does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While FOSOO attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law requires.
To the fullest extent permitted by applicable law, you release FOSOO, its subsidiaries and affiliates, and each of our respective licensors, officers, directors, agents, partners and employees, from responsibility, losses, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, personal injury or loss of life), arising out of or related to (i) your use of the Products and Services, (ii) disputes between users and (iii) the acts or omissions of third parties, including as they may relate to Third-Party Materials or Third Party Content. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”
7. Indemnity for Third-Party Actions
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless FOSOO, our affiliates and each of our respective officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “FOSOO Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (i) your access to or use of the Products or Services; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with the Products or Services. Nothing contained herein will be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. However, your indemnification obligation will not apply to any willful, wanton, intentional or reckless misconduct of the FOSOO Parties, or gross negligence of the FOSOO Parties in those states that do not permit indemnification for gross negligence. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FOSOO or the other FOSOO Parties.
You will promptly notify FOSOO Parties of any third-party Claims, cooperate with FOSOO Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). FOSOO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FOSOO, and you will cooperate with our defense of such third-party Claims. You will not settle any third-party Claim without FOSOO’s prior written consent. FOSOO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Modification or Termination of Services
FOSOO reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any aspect of the Products and Services without advance notice. All modifications and additions to the Products and Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by FOSOO in writing. FOSOO will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Products and Services or any part thereof.
9. No Warranties; Limitation of Liability
FOSOO, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither FOSOO nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. FOSOO disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. FOSOO shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of FOSOO, Company Parties, or FOSOO users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Website is at your sole risk. You will not hold FOSOO or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall FOSOO or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to FOSOO or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between FOSOO and you. The Website would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and FOSOO or between you and any of FOSOO’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. FOSOO’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
10. Consent to Receive Electronic Communications from FOSOO
11. Other Parties
The Website may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with FOSOO and some of whom may not. FOSOO does not have control over the content and performance of Third Party Websites. FOSOO has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third Party Websites. Accordingly, FOSOO does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third Party Websites. FOSOO disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
You accept that, as a limited liability entity, FOSOO has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FOSOO’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect FOSOO’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FOSOO and the Company Parties.
12. Dispute Resolution and Arbitration/Waiver of Class Action and Jury Trial
If you, on the one hand, and FOSOO and Company Parties (collectively, “Arbitration Parties”), on the other hand, cannot resolve a dispute or other Claim through negotiations, any party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The Arbitration Parties may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.
Restrictions Against Joinder of Claims
You and the Arbitration Parties agree that any arbitration shall be limited to each Claim individually. Parties to arbitration under this agreement may only bring claims against the other in your or an Arbitration Party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or the Arbitration Parties from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or the Arbitration Parties from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
13. GOVERNING LAW
When completing your purchase, a billing statement including ‘fosoo.com’ and the country code such as 'US’,'UK’, etc. would be displayed on the payment page and/or your card statement. All purchases are governed by the Local Law of the corresponding country as indicated by the country code in the billing statement.
● Severability; Waiver
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure or delay of FOSOO to exercise or enforce any right, remedy or provision of the Terms will not constitute a waiver of such right, remedy or provision. All waivers of any terms or conditions in these Terms must be in writing signed by the waiving party.
FOSOO may provide notices to you with respect to these Terms, the Products or Services, or as required by law, by posting such notices on the Site and/or by sending them to you via email to the primary email address associated with your Account (if any) and/or to the mobile number or messaging address (if any) you provided to us in connection with your Account. Any such notices will be deemed properly and timely given to you hereunder. FOSOO is not responsible for any automatic filtering that you or your network provider may apply to email or mobile notifications. FOSOO recommends adding @FOSOO.com email addresses to your email address book to help ensure that you receive email notifications from FOSOO. You consent to the use of: (i) electronic means to provide you with any notices given pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Products or Services.
If you have questions, comments, or concerns regarding this Terms of Service, please contact us at firstname.lastname@example.org and we will respond to your request within 48 hours.
Effective date: June 1st, 2021.
Please be aware that all associated services and systems may be housed on services in the United States. If you are located outside of the United States, information we collect (including cookies) are processed and stored in the United States, which may not offer the same level of privacy protection as the country where you reside or are a citizen. By using the services and providing information to us, you consent to the transfer to and processing of the information in the United States.
1. What Information Do We Collect?
Information You Provide to Us
There are various ways you can provide information to us, including as follows:
● Account information: When you open an account or subscribe to our newsletter, we ask you to provide your email address, or log in for a third-party account (like Google). You may also provide us with additional profile information, such as your name, gender, age, password, profile images or other preferences.
● Other information: We also collect information when you participate in any interactive features of the Services, fill out a form, participate in any promotion, volunteer as a product tester or reviewer, fill out a survey, communicate with us via third-party social media, request customer support, or otherwise communicate with us. The information we collect in these contexts includes your name, email address, username, social media profile information, demographic information, professional information, and any other information you choose to share with us.
Automatically Collected Information and Information We Generate
● Server logs: A server log is a list of the activities that a server performs. FOSOO’s servers automatically collect and store in server logs certain information, such as: your search queries, IP addresses, hardware settings, browser type, browser language, the date and time of your request, referral URL, and certain cookies that identify your browser or account.
● Cookies and Web beacons: We use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that helps us improve our services and your experience. Web beacons (also known as “pixel tags” or “clear GIFs”) are computer code that communicates information from your device to a server. Some of FOSOO’s services or emails may contain embedded web beacons to help deliver cookies, count visits, and understand usage and campaign effectiveness.
● Analytics services. We also use analytics services, such as Google Analytics to collect and analyze your information. Generally analytics services don’t identify individual users. Many analytics services allow you to opt out of data collection. For example, to learn more about Google Analytics practices and to opt out, visit www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.
Information Collected from Other Sources
We also obtain information about you from other sources. For example, we collect information from publicly available sources, when you interact with us on social media, when you purchase one of our products or services through a third-party service, and when you submit a review for one of our products or services. This information includes information about your purchase of a Device or Service, information from reviews you post, username for third-party services, social media profile information, and demographic information.
Children's and Minors' Privacy
● About the protection of juveniles' personal information. The company attaches great importance to the protection of juveniles' personal information. If you are a juvenile under the age of 16 (according to the legal requirements of EU member states, the minimum age must not be less than 13 years old), you must obtain written consent from your parent or legal guardian before using this product and service. This product and service will protect the personal information of juveniles in accordance with the relevant EU laws and regulations.
● The Services are not directed to or intended for use by minors. Consistent with the requirements of applicable law, if we learn that we have received any information directly from a minor, we will take steps to delete or destroy that information. California minors: While the Services are not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: email@example.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your content or information from the Service does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.
2. What Do We Use Your Information for?
We use the information we collect to:
● Process and fulfill your purchases.
● Provide, maintain and improve our devices and services.
● Develop new devices and services;
● Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;
● Communicate with you about products, services, and events offered by FOSOO and others, and provide news and information we think will be of interest to you;
● Monitor and analyze trends, usage, and activities in connection with our Devices and Services;
● Comply with our legal obligations;
● Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of FOSOO and others;
● Personalize your online experience and the advertisements you see when you use our Devices or Services or third-party platforms based on your preferences, interests, and browsing and purchasing behavior; and
● Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards.
3. How Do We Share Your Information?
● We share your information with vendors and service providers that perform services for us or you, including analytics providers, payments service providers, logistics providers that ship products to you, and customer support service providers.
● In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
● If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of FOSOO or others.
● In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
● Between and among FOSOO and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
● With your consent or at your direction. For example, if you choose to integrate our devices and services with third-party services, then those services will collect certain types of data depending on the nature of the services. Please review their privacy policies for details on the information they will receive and how they process this information.
● We may also share aggregated or de-identified information that cannot reasonably be used by the recipients to identify you.
4. How Do We Protect Your Information?
We implement a variety of security measures to maintain the safety of your information when you place an order or enter, submit, or access your information. We offer the use of a secure server. All supplied personally identifiable payment information is transmitted via Secure Socket Layer (SSL) technology. After a transaction, your credit card information will not be stored on our services.
Transfer of Information to the U.S. and Other Countries FOSOO is based in China and we process and store information in the U.S. and other countries. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
5. How Can You Manage Your Information?
We provide you with the ability to review, manage, or delete your information.
● Account information
You may update certain account profile information you provide to us by logging into your account. If you wish to delete your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our services.
● Promotional Communications
You may opt out of receiving promotional emails from FOSOO by following the instructions in those emails or by contacting us at email@example.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
6. Your California Privacy Rights
This section applies to you if you are a California resident and includes disclosures required by the California Consumer Privacy Act (CCPA).
Categories and Sources of Personal Information: In the past 12 months, we collected the following categories of personal information: identifiers (such as as a name, and email address); demographic information (such as age or gender); commercial information (such as purchase history); geolocation data; audio, electronic, visual, or similar information (such as videos and images); professional or employment related information (such as from our volunteer testers and reviewers); and inferences (such as approximate location). Please refer to our “WHAT INFORMATION DO WE COLLECT?” section above for more details on the information we collect, including the category of sources from which this information is collected.
Business or Commercial Purpose for Collecting Personal Data: We collect this personal information for the business and commercial purposes descripted in “What Do We Use Your Information for?” above.
Categories of Third Parties with Whom We Share Personal Data: We share your personal information with third parties as described in the “How Do We Share Your Information? ” section above.
Sales of Personal Data: FOSOO doesn’t sell your personal information. We do allow third parties to collect certain device identifiers and internet and electronic network activity via our Services for advertising purposes. Please see the “Advertising and Analytics Services Provided by Others” section above for more details.
CCPA Consumer Rights: Subject to certain limitations and exceptions, the CCPA provides California residents with the right to request access to their personal information (along with the right to know additional category-level details about the information we collect), to request deletion of their personal information, to request to opt out of any “sale” of their personal information that may be occurring, and the right not to be discriminated against. Please refer to the Contact Us section below to submit a rights request. We will verify your request by asking you to provide information that matches information we have on file about you or by having you log into your account to submit or confirm the request. You can also designate an authorized agent to exercise these rights on their behalf, but we will require proof that the person has been authorized and may still ask you to verify your identity with us directly.