PLEASE READ THESE TERMS AND CONDITIONS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY APPTION LABS LIMITED, APPTION LABS, INC. OR ANY OF OUR SUBSIDIARIES ("WE/US"). BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITES OR SERVICES. USE OF OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
“We”, “us”, or “our” or “Apption Labs” refers to Apption Labs Limited (a United Kingdom private limited company), Apption Labs, Inc. (a California corporation), and/or any of our subsidiaries, we, us, our and terms of similar meaning.
“You”, “your”, or “User” refers to you or anyone who uses the Websites, the Products, the Apps, the Cloud Services or any of the Services in any manner.
“Websites” is defined below.
“Products” refers to the Meater® wireless smart meat thermometer and includes any other current or future products offered by Apption Labs Limited.
“Apps” refers to the Meater® mobile application and any other future mobile applications developed for the Products.
“Services” refers to use of the Website, the services provided by the Website, such as cloud services, which may specifically pertain to one or more of the Products, including but not limited to the Meater® wireless smart meat thermometer, as well as use of the Products themselves, use of the Apps and/or use of the Cloud Services pertaining to the Products.
1 ACCESS TO THE SERVICES. The http://www.ApptionLabs.com website and domain name, the http://www.Meater.com website and domain name, and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by us in connection therewith (collectively, the "Websites") are owned and operated by us. Subject to the terms and conditions of this Agreement, we may offer to provide certain services, as described more fully on the Websites, and that have been selected by you (together with the Websites, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of the Websites, any service we perform for you, including cloud services, and the Content (as defined below) offered by us on the Websites. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. We reserve the right, in our sole discretion, to modify this Agreement at any time by posting a notice on the Websites, through the Apps, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@ApptionLabs.com. You represent and warrant to us that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3 RESTRICTIONS. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of us; or (vi) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Apption Labs, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Websites, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Websites is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
4 WARRANTY DISCLAIMER. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Websites, the Apps, or the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from us or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.
THE SERVICES, CONTENT, WEBSITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Exception ~ Limited Warranty: Apption Labs hereby warrants that the Meater® wireless smart meat thermometer is free from defects in parts, materials and workmanship for a period of one (1) year from the date of purchase. Should any repairs or servicing under this warranty be required by you during the limited warranty term, please contact the Customer Happiness Team at Apption Labs by email or mail for instructions on how to pack and ship your Meater® wireless smart meat thermometer back to Apption Labs:
Apption Labs Customer Happiness Team
11908 Ventura Blvd., #202
Studio City, CA 91604
Do not send any parts of the Meater® or the Meater® wireless smart meat thermometer itself to Apption Labs without obtaining a Return Merchandise Authorization (RMA) number and instructions. See Section 16 (Return Policy) for more information. This warranty is VOID if: a) the Product Safety instructions for proper usage of the Products are not followed; b) accidental damage occurred; c) the Meater® was used commercially; or d) if Meater® has been tampered with.
6 REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with us and select a password and user name ("Apption User ID"), as well as provide your name and email address. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. In the alternative, you may also link a social media account that you own as a form of registration. You may not (i) select or use as an Apption User ID a name of another person with the intent to impersonate that person; or (ii) use as a Apption User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a Apption User ID in our discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to us, and you are consenting to have the information in those accounts transmitted into your Apption Labs account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
7 INDEMNITY. You will indemnify and hold us, our parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
8 LIMITATION OF LIABILITY. In no event shall we or our suppliers, or our respective officers, directors, employees or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (I) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you for the Services and any Products or services purchased through the Services during the 12 month period preceding the applicable claim; (II) for any indirect, incidental, punitive or consequential damages of any kind; (III) for data loss or cost of procurement of substitute goods or services; or (IV) for any matter beyond our reasonable control. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
9 FEES AND PAYMENT. Although some of our Services are currently free to users, we reserve the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Websites in connection with such Services selected by you. We reserve the right to change our price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Websites. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
11 TERMINATION. This Agreement shall remain in full force and effect while you use the Services (including the Products, the Apps and/or the Websites). You may terminate your use of the Services at any time. We may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12 MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SERVICES, AND SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SERVICES, AND THAT ALL MODIFICATIONS MUST BE IN A WRITING SIGNED BY BOTH PARTIES, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You agree with Apption Labs that there are no third party beneficiaries intended under this Agreement.
13 ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of California.
14 Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
A. A physical or electronic signature of the content provider, member or user;
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
C. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
D. Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
E. If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion. Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: Apption Labs, Inc., 11908 Ventura Blvd., #202 Studio City, CA 91604
A. Coupon and Promotional Codes: Promotions, discount rules or coupon codes for a free gift with purchase will result in one free gift per order, not per item, unless otherwise noted. Only one coupon code, discount rule or promotion may be used per order, unless otherwise noted. Promotions, discount rules and coupon codes are valid only to the listed expiration date. Promotional/Coupon codes are subject to change at any time. In order to receive a free item with a promo code, the item must be added to your shopping cart and the promo code added during checkout; cost of the free item will be taken off of your total.
16 RETURN POLICY. Returns are not accepted after 30 days from the date of purchase. Please do not contact our customer support team requesting returns more than 30 days from the original purchase date. Our customer support team is unable to facilitate a return for refund under any circumstances after 30 days. If a product purchased through our online store does not meet your expectations, you may contact us to facilitate a return for refund within 30 days of purchase. The date on your sales receipt is the date of purchase unless otherwise informed. You will be refunded by the same method in which you paid. After 30 days, please refer to our warranty policy for product and service issues. Returned products must be new, unused, and contain all original packaging and accessories (including all product manuals/instructions). Any product that has been misused or that shows any signs of extensive use will not be returned or exchanged. Original shipping and handling charges will not be refunded. You are responsible for all shipping charges except in the case that the return is the result of our error. All returns will be subject to a 15% restocking fee due to the costs associated with processing and handling returns. If you would like to return your purchase, please contact our Customer Happiness Team at support@ApptionLabs.com. We will work with you through all of the necessary steps in returning your product, and issue you a Return Merchandise Authorization (RMA) number. Unauthorized returns or returning a product to us that is not in resalable condition risks forfeiture of product. We are not responsible for return shipments lost in transit. We are unable to issue refunds or accept returns for products purchased from a retail store. Our Customer Happiness Team can only assist with purchases made through our online store. For any questions or possible returns you have, please contact or return to the store where you originally made your purchase.
17 CANCELLATION POLICY Order details cannot be altered or canceled once an order is submitted. Contact the Customer Happiness Team at support@ApptionLabs.com if you have any questions.
18 SHIPPING POLICY. Orders placed on a business day (Monday-Friday) generally ship within 1-2 business days. Orders processed on the weekend will ship on Monday or Tuesday, depending on our volume. Business days do not include weekends or national holidays. Once shipped, Apption Labs is not responsible for delays caused by our shipper, weather or other factors due to shipping.
Apption Labs is not responsible for any VAT, Customs Fees or International Taxes incurred after purchase of merchandise from our online store. Any orders placed on our online store, can only be shipped [to the following countries – we can update this, so which countries do we start with? USA and UK?].
19 FREE SHIPPING POLICY. If Apption Labs offers free shipping within the Continental United States on any of its Products, your order will be delivered within 3 - 8 business days after your item ships. However, we reserve the right to change or discontinue our Free Shipping Policy at any time.
20 PREORDER POLICY. By placing a preorder with Apption Labs you reserve your product(s) and have priority above all other orders that are placed afterward. You can cancel your preorder within 10 days of ordering if you decide to change your mind. To ensure you receive your product(s) as soon as they become available, your credit card will be charged once you place an order with a pre-order item. If you are placing an order with a pre-order item and a product that is in stock, your order will ship when the pre-order item is available.
21 DISCARD OF RECALLED ITEMS. By completing a Recall Form on the Websites you agree that you have discarded your affected items and they will no longer be in use. Apption Labs is not responsible for the misuse of recalled items once you complete a Recall Form.
22 CONTACT. If you have any questions, complaints, or claims with respect to the Services, Websites, Apps or Products, you may contact us at: Apption Labs, Inc., 11908 Ventura Blvd #202., Studio City, CA 91604 USA; or Apption Labs Limited, 7-8 Westbridge Close, Leicester, LE3 5LW, UNITED KINGDOM or by e-mail at: support@ApptionLabs.com.
Effective: August 1, 2016