Terms of Service
Welcome, and thank you for your interest in WAZER, Inc. (“WAZER,” “we,” or “us”) and our website at wazer.com and subdomains including cam.wazer.com and shop.wazer.com, along with our related websites, software applications, and hardware products and accessories. These Terms of Purchase and Service are a legally binding contract between you and WAZER regarding your purchase of any product from WAZER and your use of the Service (defined below).
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING ON THE “BUY”, “BUY NOW”, “PURCHASE”, “PAY NOW”,”PRE-ORDER” OR OTHER SIMILAR BUTTON TO MAKE A PURCHASE, OR BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASES AND USE OF THE SERVICE, YOU AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU SHOULD NOT PURCHASE ANY PRODUCT AND YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR PURCHASE OF A PRODUCT AND USE OF THE SERVICE, AND WAZER’S PROVISION OF ANY PRODUCT OR THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY WAZER AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 6.8 you agree that disputes arising under these Terms (including any dispute arising from your purchase or use of the Product) will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND WAZER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 6.8.) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS ARE NOT PERMITTED.
1.1. Overview. WAZER makes available hardware products, including those known as “WAZER DESKTOP”, "WAZER STANDUP” and related spare parts, materials and accessories (collectively referred to as the “Product” in these Terms). To use the Product, you must register for an account and connect to our website and to our software, which enables you to properly use the hardware product, allows access to make additional purchases, and enables performing various other functions (collectively, the “Service”).
■ Service. You must be at least 13 years old to use the Service. If you are under 18, you must have the consent of your parent or guardian on your behalf and only use the Service under their direct supervision. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.
■ Purchases. You must be at least 18 years old to make purchases from WAZER. By making a purchase from WAZER, you represent and warrant to us that you are at least 18 years old.
■ Entity Users. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1.3. Accounts and Registration
■ To purchase a Product you may have to register for an account. When you register for an account you may be required provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining confidentiality of your account and password.
■ To use WAZER software you must create a separate account. When you register for an account you may be required provide us with some information about yourself, such as your name, email address, or other contact information. You will also be required to provide the serial number of your WAZER hardware Product that will be linked to your account. Linking your WAZER hardware Product will unlock the full feature set of the software including but not limited to, adding custom material parameters to your material database and generating gcode files for cutting on your WAZER hardware product. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining confidentiality of your account and password.
■ To trial the use of WAZER software you must create a separate account. When you register for an account you may be required provide us with some information about yourself, such as your name, email address, or other contact information. You will not be required to provide the serial number of a WAZER hardware Product to access the trial. Using a trial account will lock certain features of the software including but not limited to, adding custom material parameters to your material database and generating gcode files for cutting on your WAZER hardware product. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining confidentiality of your account and password.
1.4. Use of Product; WAZER Service. You represent that each Product you purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, noise control laws, water drainage, waste disposal and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. You may request information about the Product from WAZER to assist you in making your determination, but WAZER may not have such information available and will not be liable for errors in that information or for your determination. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not purchase the Product. You must also use each Product in strict accordance with the applicable user documentation, including the User Manual that ships with the Product and is also available here . The hardware Product may not work without an account on the Service. Use of the Service is subject to these Terms. If you violate the Terms, you may not be able to use the hardware Product or certain features of the hardware Product. WAZER will not be liable for your inability to use any Product.
2. Terms Applicable to the Service
■ Limited License. Subject to your complete and ongoing compliance with these Terms, WAZER grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; and (b) use designs to cut materials with a hardware Product in accordance with the license rights to those designs.
■ License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law notwithstanding this prohibition, you may not directly or indirectly do any of the following: ( a) reproduce, distribute, publicly display or perform any portion of the Service; (b) modify any portion or create a derivative work of the Service; (c) access the Service (or any portion of the Service) by any automated means that is unauthorized by WAZER (e.g. calling undocumented APIs, access of the Service via a ‘bot’); (d) access the Service to build a competitive or similar service; (e) interfere or circumvent any feature of the Service, including any security or access control mechanism; or (f) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law notwithstanding this prohibition. If you are prohibited under applicable law from the Service, you may not use it.
■ Feedback. If you chooses to provide input and suggestions to WAZER regarding any matter, including any aspect of a Product or the Service (“Feedback”), you hereby grant WAZER an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Products and the Service, and to create other products and services.
■ Prohibited Conduct.
BY USING THE PRODUCT OR SERVICE YOU AGREE NOT TO:
1, use the Service for any illegal purpose or in violation of any local, state, national, or international law;
2, use the Service to design or manufacture any dangerous or illegal material, or in any way that may cause physical harm to a person or animal or damage any property;
3, use the Product or Service other than intended as described in WAZER’s user manuals and the instructions found on WAZER’s websites.
4, violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
6, interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit unlicensed use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law notwithstanding this prohibition; or (c) attempting to interact with the Service in a way not authorized by this agreement;
7, interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) attempting to collect personal information about another user or third party without consent; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
8, perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, providing incorrect information when creating or modifying a Service account, or falsifying your age or date of birth;
9, sell or otherwise transfer the access to the Service granted under these Terms or any materials available via the Service or any right or ability to view, access, or use any material available via the Service;
10, use an account to access the Product without express permission from the owner of that Product;
11, use, evaluate, view, or copy the Service, including any source code or user interface, in whole or in part, in order to compete with the Service; or
12, attempt to do any of the acts described in this Section 2.1, create tools to facilitate the acts described in this Section 2.1, or assist or permit any person in engaging in any of the acts described in this Section
■ Term, Termination of Use, Discontinuation and Modification of the Service. In connection with the Service, these Terms will cease to apply when terminated as described in this Section. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, WAZER may in its discretion suspend or terminate your access to the Service, or portions of the Service, during an investigation of a violation of these Terms. WAZER will in its sole and absolute discretion determine if a violation has occurred. Upon any termination of these Terms, (a) your license rights will terminate and you must immediately cease all use of Service; (b) you will no longer have access to your account; (c) you must pay WAZER any unpaid amount that was due prior, if any; (d) all payment obligations accrued prior to termination will survive. WAZER also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently without notice to you. WAZER will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of Service.
■ Additional Service Terms. Your use of the Service is subject to all additional terms, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post or link to from the Service (the “Additional Service Terms”), such as user manuals, or rules, or instructions, or directives that are applicable to a particular feature or content on the Service. All Additional Service Terms are incorporated by this reference into, and made a part of, these Terms.
3.1. Orders and Pre-Orders. Your Order or Pre-Order constitutes an offer to purchase a Product, and WAZER’s ACCEPTANCE OF THIS ORDER OR PRE-ORDER IS EXPRESSLY LIMITED TO AND EXPRESSLY MADE CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. WAZER OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS. Except to extent prohibited by law, WAZER may accept, decline or place limits on any Order or Pre-Order for any reason. You acknowledge by clicking on “Buy”, “Buy Now”, “Purchase”, “Pay Now”, “Order”, “Pre-Order” or any similar button, you enter into an obligation to pay for the Product. Your Order or Pre-Order is complete when WAZER informs you that your shipment is ready and you provide final approval to ship. WAZER requires final approval from you only for Pre-Orders. For Orders, receipt of payment is considered as final approval. Products may change significantly from the time that you submitted a Pre-Order offer to WAZER and the time that the Product is ready for shipment. If WAZER rejects your offer, WAZER will, as your sole and exclusive remedy and WAZER’s sole and exclusive liability, refund the amount you paid as described in section 3.3.1. WAZER will send you an email to the address provided by you once the Product is ready for shipment to indicate whether your Order or Pre-Order has been accepted or rejected. If you have any questions, comments or concerns regarding WAZER’s order acceptance policy, or if you think your order was rejected in error, then please contact WAZER at email@example.com. If you do not provide any shipping information within 30 days of WAZER’s request, WAZER may, at sole discretion provide you a full refund of the amount you paid or continue to attempt to contact you. WAZER will make reasonable efforts to contact you to provide a refund after that 30 day period but if WAZER does not receive a response within 90 days of WAZER’s initial request or if WAZER is unable to process your refund after that 30 day period ( e.g. cancelled credit card, closed payment account), then WAZER will treat the amount that you paid as unclaimed property in accordance with applicable law.
3.2. Availability. Purchase of the Product are subject to estimated availability as described on WAZER website at the time that you place your order and updated from time to time via communications through email or other media.
3.3. Pricing. WAZER reserves right to determine pricing for the Product and Service, as well as charges for shipping the Product. WAZER will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Prices and descriptions for our Products and Services are subject to change without notice. WAZER shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Product or Service. WAZER, at its sole discretion, may make promotional offers with different features and different pricing to any of WAZER’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Except in the case of sales tax for certain locations which are identified when payment is taken, all import duties, taxes, tariffs and other charges are not included in the Product price or shipping costs. These charges are your responsibility. Please check with your state and country’s customs office to determine if there will be additional costs prior to completing your order. All orders for the product must be paid in full, including shipping, prior to delivery by WAZER of the product to you. WAZER reserves the right to suspend delivery and performance until full payment is received.
■ If you have already placed a Pre-Order and discovered that such taxes make the Pre-Order untenable, please contact WAZER support at firstname.lastname@example.org to rescind your Pre-Order and we will refund the amount you paid in connection with your Pre-Order in full.
3.4. Shipping Charges. WAZER lists shipping charges on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariffs, import, customs, tax and other charges applicable in your jurisdiction. If shipping costs to the provided address for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase the Product, WAZER may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
3.5. General Payment Terms. In order for you to purchase a Product, you must pay the amount for the Product elected by you as set forth on the relevant payment page by credit card through our payment processor or by any other payment method authorized by WAZER. Payment does not guarantee acceptance by WAZER. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All prices and fees are in U.S. Dollars and non-refundable except as expressly described in Terms.
3.6. Authorization. You authorize WAZER to charge all sums for the order that you make and any level of Service you select as described in these Terms or published by WAZER, to the payment method specified in your account. If you pay any fees with a credit card, WAZER may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase.
3.7. Online Payment Transactions. You should be aware that online payment transactions are subject to validation checks by your card issuer and WAZER is not responsible if your card issuer declines to authorize payment for any reason. Please note that WAZER is not responsible for online handling fee or processing fee that may be charged by your card issuer.
3.8. Online Store Terms. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Products for any illegal or unauthorized purpose, nor may you, in use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any destructive code. A breach or violation of any of the Terms will result in an immediate termination of your account and/or access to the site.
3.9. Accuracy, Completeness and Time. WAZER will not be responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site is at your own risk. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
■ Historical information, necessarily, is not current and is provided for your reference only. WAZER reserves the right to modify the contents of this site at any time, but has no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3.10. Delivery. WAZER will attempt in good faith to deliver the Product in accordance with your order or any other schedule WAZER may provide to you when placing the order, but WAZER will not be responsible or liable for delays or failure in such delivery. WAZER expressly reserves the right to effect delivery of the Product ordered in any number of separate shipments, and the mode of transport and carrier will be decided at WAZER’s discretion. During any period of shortage, WAZER may allocate its supply of the Product in any manner WAZER deems appropriate. Your order will be delivered to delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible WAZER may not be able to deliver there. In that case WAZER will notify you before accepting your order. WAZER reserves the right, but are not obligated, to limit sales or our Product or Service to any person, geographic region or jurisdiction. WAZER may exercise this right on a case-by-case basis. WAZER will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond WAZER’s reasonable control. In such cases, WAZER will have the right, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
3.11. Inspection. You should carefully examine all deliveries of the Product upon delivery, and notify WAZER of any alleged error, shortage, defect or non-conformity within seven (7) days of receipt. Your failure to do so is a waiver of any claim against WAZER arising under these Terms or by law with respect to any such error, shortage, defect or non-conformity reasonably discovered by examination.
3.12. Title, Risk of Loss. Title to the Product will pass to you when the Product is delivered to you by WAZER through a carrier. WAZER will handle any and all claims made against the carrier for damage or loss in transit. You agree to cooperate with WAZER and provide any necessary information as required by WAZER in relation to these claims.
3.13. Product Information; Changes. While WAZER has taken reasonable steps to depict the Product as accurately as possible through photographs and other images featured on our websites, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect actual detailing of the Product when you receive it. In addition, WAZER expressly reserves the right, at any time and without any notice, to discontinue the production or change the specifications of any Product or Service.
3.14. Delinquent Account. WAZER may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service or Product, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.
3.15. Support. You may request support for the Service, including any problems with the Product, by contacting us at email@example.com. WAZER is under no obligation to provide specific levels of support, other than as specified in the Warranty. WAZER has no obligation to meet specific response or resolution times.
3.16. General. WAZER retains the right to refuse service to anyone for any reason at any time. You understand that your content (including credit card information), may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or the Product or access to the Service or the Product or any contact on the website through which the Service or Product is provided without express written permission by WAZER.
4.1. Policy. WAZER does not offer any refunds on any Order except for the following exception:
■ Refund Before Shipment. WAZER only allows you to request a refund for a Product Pre-Order until we receive your final approval to ship the Product. Refunds may take 5-10 business days to process, but could take longer as they are handled by our payment processor. WAZER is not liable for any delays that incur during this process. Please refer to our Warranty Policy for Returns under our Limited Hardware Warranty.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. WAZER DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WAZER LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS WARRANTY AND, AT WAZER’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
5.2. What Is Covered By This Warranty?
WAZER grants an Exclusive Limited Warranty (the "Warranty") for the WAZER Desktop or WAZER Standup (the "Product"), and warrants against defects in materials and workmanship when used normally in accordance with WAZER’s instructions for a period of six (6) months from the original date of shipment to the purchaser (the "Warranty Period").
5.3. What Is Not Covered By This Warranty?
This Warranty does not apply:
● to consumable parts, unless failure has occurred due to a defect in materials or workmanship;
● to cosmetic damage, including, but not limited to, scratches, dents, and broken plastic unless failure has occurred due to a defect in materials or workmanship;
● to damage caused by use with a third party component or product that does not meet WAZER’s specifications;
● to damage caused by accident, abuse, misuse, fire, liquid contact to electronic components, earthquake or other external causes;
● to damage caused by operating the Product outside WAZER’s instructions or improper cleaning of the Product;
● to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of WAZER (except for damage that results from do-it-yourself warranty repairs, discussed below, if the repair was conducted according to WAZER instructions);
● to a Product that has been modified to alter functionality or capability without the written permission of WAZER;
● to defects caused by normal wear and tear or otherwise due to the normal aging of the Product;
● if any serial number has been removed or defaced from the Product;
● if WAZER receives information from relevant public authorities that the product has been stolen, and you cannot prove in any way that you are the authorized user of the Product (e.g., by presenting proof of purchase);
● to items consumed or expended by their normal use, such as the Nozzle, Orifice and Cut Bed (if you do cause damage from incorrect use, WAZER may be able to send you replacement parts and you may have to pay for them);
● to damage or defect caused by: etching, including any non-through-cutting; cutting or attempting to cut material greater than the maximum thickness specified for that material in the User Manual or on the website; servicing the Product with the Water Inlet Valve opened or with the Power Cables plugged in; accident, flood, fire, or other external causes outside of WAZER's control; modification of the Product;
● the Product's software or firmware
● to damage occurring during transportation of the Product (such claims are the sole responsibility of the shipper).
Use of third-party abrasive does not in and of itself void this warranty. However, damage caused by use of third-party abrasive is excluded from this warranty.
The Warranty is granted under the following conditions:
● The Product was assembled, sold and delivered by WAZER.
● The Product was purchase new.
● The then-latest firmware was installed and used in the Product.
● The install and maintenance instructions in the User Manual were followed.
Providing evidence of the satisfaction of these conditions is a prerequisite for any remedy under the Warranty.
If you encounter an issue with the Product, here is the procedure to follow.
1. Consult your User Manual for help.
2. Submit a claim by emailing firstname.lastname@example.org within the Warranty Period.
3. Provide proof of purchase, including the original purchaser's invoice.
4. Help diagnose any issues related to your claim. This may involve corresponding with WAZER's support team by email or phone and by sending images, videos or files related to your claim. Any warranty claim must first be accepted by WAZER as justified.
5. If your claim is accepted, WAZER, at its sole discretion will either:
a. Send new or refurbished parts for you to install, along with detailed instructions for do-it-yourself (“DIY”) parts service. You may be required to send the original parts to WAZER before or after your replacement parts are sent. WAZER is not responsible for any labor costs you incur relating to DIY parts service. A replacement part assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you; or
b. Send you a replacement new or refurbished Product that's substantially equivalent in function, formed from new and/or previously used parts that are equivalent to new in performance and reliability. The replacement Product assumes the remaining term of the Warranty or ninety (90) days from the date of replacement, whichever provides longer coverage for you; or
c. Refund you the purchase amount. If so, you may be required to return the original Product prior to or after receiving the refund.
6. The shipping cost for any new or refurbished parts or Product sent to you in fulfillment of your warranty claim, may or may not be covered by WAZER, depending on the location of your original shipping address for the Product:
a. If your original shipping address is located in the Continental United States, WAZER will cover the cost of the above shipping.
b. If your original shipping address is NOT in the Continental United States, WAZER may elect not to cover the cost of the above shipping.
7. If you are asked to send back some or all of the Product to WAZER in order to fulfill your claim, the following requirements will apply:
a. The Product must be returned in its original packaging. WAZER will provide replacement packing if you no longer have yours.
b. A Return Authorization Label will be provided to you, which must be included in the return package.
c. For purchasers in the Continental United States, WAZER will provide prepaid shipping labels.
d. For purchasers outside the Continental United States, you will be required to pay for the return shipping.
8. WAZER reserves the right to change the method by which WAZER may provide warranty service to you, and your Product’s eligibility to receive a particular method of service. Service options, parts availability, and response times may vary according to location.
5.6. Voiding Your Warranty.
The Warranty is Void if:
■ The Product is used outside of the country of the initial purchaser's shipping address.
■ Any WAZER serial number has been removed or defaced.
■ Any disassembly or reassembly by anyone other than WAZER representatives occurs, other than do-it-yourself assembly instructions outlined in the User Manual or in other official WAZER publications, or instructed by a WAZER representative.
■ WAZER does not warrant your use of the Product will be uninterrupted or error free.
■ WAZER does not warrant that the results that may be obtained from the use of the Product will be accurate or reliable.
■ WAZER makes no claims about the safety or effectiveness of any device made using the Product.
■ WAZER is not liable for any loss, death, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Product.
■ No warranty will apply after the expiration of the Warranty Period.
■ EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAZER IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES MAY NOT BE RECOVERED UNLESS APPLICABLE LAW PROHIBITS THEIR DISCLAIMER.
No WAZER reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the State of Delaware. WAZER or its successor in title is the warrantor under this Warranty.
6.1. Modification of These Terms. WAZER reserves the right to change these Terms on a going-forward basis at any time. If a change to these Terms occurs, you may be required to accept a modified version of these Terms in order to continue to use the Service. They will be effective upon your acceptance of the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these terms that was in effect at the time the dispute arose.
6.2. Ownership; Proprietary Rights. The Service is owned and operated by WAZER. The Product, designs, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services and all other elements of the Service are protected by Intellectual Property and other laws and are the property of WAZER. You may not use the Service except as expressly authorized by WAZER. WAZER reserves all rights in and to the Service not granted expressly in these Terms, and all rights in and to the Product not granted expressly in these Terms or other Additional Terms. WAZER may be independently creating content (including designs) that may be similar or competitive with your or another user’s content. Nothing in the Agreement will be construed as restricting or preventing WAZER from creating new content and exploiting any of WAZER’s Intellectual Property rights, without any obligation to you.
6.3. Indemnity. You are responsible for your use of the Service and the Product and will defend and indemnify WAZER and its officers, directors, employees, consultants, affiliates and agents from and against every claim brought by a third party, and any related liability, damage, loss and expense, including reasonable attorney’s fees and costs, arising out of or connected with: a) your access to, use of, or misuse of the Service, or Product in a way that is harmful to others; b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, any representation, warranty or agreement referenced in these Terms or any applicable law or regulation; c) your violation of any third-party right, including any Intellectual Property right or publicity, confidentiality, other property or privacy right; or d) any dispute or issue between you and any third party. WAZER reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to the matter), and in that case, you agrees to cooperate with WAZER’s defense of those claims.
6.4. Governing Law. These terms and any dispute arising out of or related to these terms or WAZER’s Products shall be interpreted under the laws of the State of Delaware, without regard to conflict of laws principles.
6.5. Severability. In the event that any provision in these Terms is determined to be unlawful, void or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law. Additionally, the unenforceable portion will be deemed severed from these Terms and will not affect the validity and enforceability of any other remaining provisions.
6.6. General. These terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and WAZER regarding the purchase of the Product and use of the Service. WAZER is required by law to advise you that contracts may be concluded in English language only and that no public filing requirements apply. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this paragraph is void. WAZER may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect WAZER’s right to require performance at any other time after that, nor will a waiver by us of any breach or default of Terms or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout the terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination, the payment, taxes, warranty disclaimer, limitation on liability, consequential damages waiver, feedback clause, agreement to arbitration, and general provisions, together with those that by their nature continue and survive, will survive any such termination.
6.7. Force Majeure. WAZER will not be liable to you for any delay in delivery of the Product or your inability to access the Service, including any delay or lack of access due to an event beyond WAZER’s reasonable control, such as an act of terrorism, God, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made condition outside of WAZER’s control. WAZER will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Order Contract that is caused by events outside of WAZER’s reasonable control.
6.8. Dispute Resolution and Arbitration
■ General. In interest of resolving disputes between the customer and WAZER in the most expedient and cost effective manner except as described in 6.4, you and WAZER agree that every dispute arising in connection with these Terms (including any dispute arising from your purchase or use of the product) will be resolved by binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. This agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises before, during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WAZER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
■ Exceptions. Despite the provisions of 6.8.1, nothing in these Terms will be deemed to waive, preclude or otherwise limit the right of either party to bring to a) pursue an enforcement action through federal, state or local agency if that action is available; b) seek injunctive relief in a court of law in aid of arbitration; or c) file suit in a court of law to address an Intellectual Property infringement claim.
■ Arbitrator. Any arbitration between you and WAZER will be settled under the Federal Arbitration Act and administered under JAMS under its Comprehensive Arbitration Rules and Procedures. JAMS rules are also available here or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitrator, and not any federal, state or local court shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and WAZER. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the customer and WAZER.
■ Notice of Arbitration; Process. A Party who intends to seek arbitration must first send written notice of dispute to other party certified by U.S. Mail or, only if the party has not provided a current physical address then, by electronic mail (“Notice of Arbitration”)
The Notice of Arbitration must: a)describe the nature and basis of the claim or dispute; and b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or WAZER may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or WAZER must not be disclosed to the arbitrator until after the arbitrator makes final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, WAZER will pay the customer the highest of the following: i) amount awarded by arbitrator, if any; ii) last written settlement amount offered by WAZER in settlement of the dispute prior to the arbitrators award; or iii) $5,000.
■ Fees. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, WAZER will pay them for the you. If you commence arbitration in accordance with these terms, WAZER will reimburse you for your payment of the filing, administrative, hearing and/or other fee, unless your claim is for more than $10,000. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted: a) solely on the basis of documents submitted to the arbitrator; b) through non-appearance bases telephone hearing; or c) in an in person hearing as established by FAA rules in the country of your billing address or another mutually agreed location. If the arbitrator finds either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then you agree to reimburse WAZER for all monies previously disbursed by it that are otherwise their obligation to pay under FAA rules. Regardless of the manner in which arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement and upon request from either party made within 14 days of the arbitrator’s rulings on the merits.
■ No Class Actions. YOU AND WAZER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Additionally, unless both you and WAZER agree otherwise, the arbitrator may not consolidate more than one persons’ claims and may not otherwise preside over any form of a representative or class proceeding.
■ Modifications to this Arbitration Provision. If WAZER makes any changes to this arbitration provision, other than a change to its address for Notice of Arbitration, you may reject by sending a us written notice within 30 days of the change to WAZER’s Notice of Arbitration, in which case your account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes they rejected, will survive.
■ 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: WAZER, Inc., 141 Flushing Ave., Building 77, Unit 403, Brooklyn, NY 11205 or email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to place their Pre-Order, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with WAZER.
■ Enforceability. If section 6.8.6 or section 6.8 is found to be unenforceable, then the entire section will be null and void, and in that case, the parties agree that exclusive jurisdiction and venue described in section 6.4 will govern any action arising out of or related to these Terms.
■ Contact Information. WAZER, Inc. is located at 141 Flushing Ave., Building 77, Unit 403, Brooklyn, NY 11205. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
■ Actions Permitted. Except for actions for nonpayment or breach of party’s proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.
6.9. Relationship of the Parties. You and WAZER agree that no joint venture, partnership, employment or agency relationship exists between you and WAZER as a result of these Terms of Service or your use of the Service or purchase of the Product.
6.10. Notices. Notices shall be sent to address set forth here (as such may be changed by notice given to the other party) and shall be deemed delivered as of the date of actual receipt.
141 Flushing Ave.
Building 77, Unit 403
Brooklyn, NY 11205
WAZER may give telephonic notice to you by calls to appropriate numbers on record in WAZER’s account information for you.
6.11. Authority. You represent and warrant that they have full power and authority to enter into any agreement purchase a Product under these Terms of Service and that these Terms of Service are binding upon you and enforceable in accordance with their terms.
■ TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WAZER’S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO WAZER IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.
7. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by WAZER, Inc., 141 Flushing Ave., Building 77, Unit 403, Brooklyn, NY 11205. Phone: (347) 927-8991 email: email@example.com. If You have a question or complaint regarding the Service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing WAZER, Inc., Attention: Customer Support, 141 Flushing Ave., Building 77, Unit 403, Brooklyn, NY 11205. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.