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PRIVACY POLICY
Effective as of Aug 18, 2015
Introduction
We know you care about how your personal information is used and shared, and we take your privacy seriously. This Privacy Policy (as defined below) (“Privacy Policy”), covers our treatment of your personally identifiable information that Sengled Optoelectronics Co., Ltd., and its subsidiaries and affiliates (collectively, “Sengled”) collect and process relating to the operation of Sengled’s websites (“Sites”), its products and services as set forth herein.
For the purpose of this Privacy Policy, the term “personal information” means individually identifiable information we gather when you are accessing or using our services that identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information, without regards to the practices of companies we don’t own or control, or people that we don’t manage.
This Privacy Policy applies to all users of our website(s) (“Sites”), products (“Products”), services, mobile applications, subscription services and other software (“Services”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By using or accessing Sengled’s Sites, Products or Services in any manner, you acknowledge that you accept the practices and polices outlined in this Privacy Policy, and you hereby agree to allow us to collect, use, share and store your personal information as described below.
Remember that your use of Sengled’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Services. We also provide additional details about how we collect and use information from our public web sites in our Privacy Statement for Sengled websites, which you may refer to where necessary.
Please Note: We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will respond as described by law, including deleting your personal information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@sengled.com.
Will Sengled ever change this Privacy Policy?
We’re constantly trying to improve our Sites, Products and Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the Sites. Please note that those legal notices will govern your use of the Sites, Products and Services, and you are responsible for reading and understanding them. You are bound by any changes to the Privacy Policy when you use the Sites, Products and Services after such changes have been posted. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.
What information does Sengled collect and what is the purpose of the collection?
Information you provide to us
We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect personal information such as your name, email address, shipping address, billing address, phone number, credit card details, location name, location including geo-fence, group and device names, device location names, device or group images, Sengled app names, Sengled app configuration details, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy; for example, avatars, profile information, images, friends and other authorized information. Certain information may be required to register with us or to take advantage of some of our features.
If you have provided us with a means of contacting you, we may use such means to communicate with you. For example, we may send you updates about our services, informational updates, surveys or promotional offers (either on our own behalf, or on behalf of other businesses), or communicate with you about your use of the Services. Also, we may receive a confirmation when you open a message from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by clicking ‘unsubscribe from this list’ or ‘update subscription preferences’ at the bottom of the email you received or in the Sengled app. Please note that you may not be able to opt out of certain service-level communications that we deem critical to your use of the Services.
Information collected automatically
Whenever you interact with our Sites, Products or Services (whether via a mobile application, third party service, Sengled App, browser, or other application, connecting a physical device to our services, connecting a third party service to our services, or otherwise), we automatically receive and record information on our servers, logs and databases from your browser, application, services or device(s). In particular, our Services are designed to allow you to connect various physical devices (e.g., the Sengled hub, and associated Sengled and third party sensors and other devices) to the Services. While connected to the Services, these devices automatically report information to our servers (including information that you may have provided when setting up or configuring that device), which may include personal information. The type of information that is collected from each device will vary depending on the device type.
Other information collected automatically through the foregoing means may include your IP address, location details, “cookie” information, mobile device, operating system, the type of browser, demographic information, application and/or device(s) you’re using to access our Services, click-through paths, the identity of the page or feature you are requesting or interacting with, time on page of feature, and other indicators of how you are interacting with the Services. “Cookies” are identifiers we transfer to your device that allow us to recognize your browser, application or device and tell us how and when various pages and features in our Services are visited or used and by how many people. You may be able to change the preferences on your browser, application or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. In addition, our third party partners, including advertising partners, may also use web beacons, or transmit cookies to and read cookies from your browser, application or device when you visit or use our Services. Also, if you click on a link to a third party website or service, such third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties. Also, please note that our systems do not currently recognize or respond to browser “Do Not Track” signals.
Below is specific information concerning Sengled Snap providing you with more specific details if you have a special concern on the usage of Sengled Snap.
What information does Sengled Snap collect?
Sengled Snap collects:
- Information input during setup
- Video and audio signals and data
- Technical information from the device
- Shared content
Information input during setup: When you install Sengled Snap, you’ll be asked for certain basic personal information like your email address. This information is used to personalize your experience – for example, to tell you which device is triggering a notification.
Environmental data from the camera’s sensors: We collect data from several sensors built into Sengled Snap. These sensors collect data such as ambient light. By recording this information, Sengled Snap can know, for instance, whether it’s dark and it should turn on night vision.
Video and audio signals and data: When you enable the recording or streaming features of your Sengled Snap, we may record and process video and/or audio recordings from the device, subject to your configuration and settings. This may include capturing and emailing to you portions of this data as part of a notification or analyzing the data to identify motion or other events. We may process information from your Sengled Snap so that we can send you alerts when something happens. In addition, if you have the recording features enabled, we will capture, process and retain video and audio data recordings from your device for the duration of your recording subscription period (for example, 7 or 30 days) and you will be able to access those recordings using the Services during that time.
Technical information from the device: In order to improve your experience over time and help troubleshoot any problem you may encounter with Sengled Snap we record your Sengled Snap model and serial number, software version, and technical information such as Wi-Fi signal strength.
Saved and Shared Content: You may save and may choose to share certain content like video clips, live video streams, images, captions, and comments for other people to access using the Services. We will collect and store information that will allow us to save or share your content as directed by you through the Services.
Data protection and privacy laws in your country may impose certain responsibilities on you and your use of Sengled Snap. You (not Sengled) are responsible for ensuring that you comply with any applicable laws when you use Sengled Snap. For example, you may need to display a notice that alerts visitors to your home that you are using Sengled Snap. Note in particular that recording and sharing clips that involve other people may affect their privacy and data protection rights.
How does Sengled use the information it collects?
We use the personal information in connection with our Sites, Products and Services, to provide the basic functionality of our Services, to personalize and improve our Services, to allow you to set up a user account and profile, to allow you to post ratings and reviews of various Products and Services, to contact you and allow other users to contact you, to fulfill your requests for certain Products and Services, and to analyze how you use the Services. In certain cases, we may also share some personal information with third parties, but only as described below.
We use this information to provide, develop and improve the Sites, Products and Services, including information to make assessments and recommendations about products safety. We may use your contact details to send you this information, or to ask you to participate in surveys about your Sengled use.
We may also use this information in an aggregated, non-identified form for research purposes and to help us make sales, marketing, and business decisions. For example, we use aggregated user information about the number of active Sengled Snap users in a particular state to help us decide what platform companies might be good partners, and aggregated alarm data to study emergency alarm rates across our customers.
We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.
What’s the potential third party disclosure of personal information?
When you choose to connect third-party products and services through the Services, you are shown details about any proposed exchange(s) of personal information between Sengled and the third party that is providing the product or service. In some cases, Sengled or the third party will instead (or also) ask for permission to control the products that you have connected. Your explicit consent is required to allow any of these exchanges or requests for control and you will be able to revoke it at any time.
Sengled may receive and process information from third parties and some of this information may be associated or stored with your Sengled account. Sengled may also share personal information with your permission. For example, when you enroll in a rewards program offered through Sengled by our partners – such as Rush Hour Rewards – you may be asked for your permission to share certain personal information between Sengled and our partner. Sengled requires your explicit consent before sharing personal information in these circumstances. We may also obtain information from other sources and combine that with the personal information in your Sengled account. For example, in order to offer some of our rewards programs, we might collect certain information (such as which of our partners offers services where you live) to determine eligibility and efficacy of our services.
The following are the limited situations where we may share personal information except the above-mentioned circumstances:
- As part of business transitions: upon the sale or transfer of Sengled and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the Privacy Policy in place at the time of its collection.
- For legal reasons: We may provide personal information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with state and federal laws (or the applicable laws of foreign countries other than the United States).
Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the delivery of Sengled Products and services without asking you first. We do not rent or sell our customer lists.
How does Sengled protect your personal information and how can you access, amend and delete it?
We use industry-standard methods to keep your personal information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, Sengled may process your personal information on servers that are not in your home country. All personal information is encrypted as it is transmitted to Sengled and cannot easily be accessed.
Sengled generally stores your personal information on Sengled’s servers or on the Sengled device until you delete or edit it, or for as long as you remain a Sengled customer in order to provide you with Sengled Products. You can access, amend or delete your personal information from Sengled’s servers through the controls in your account.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.
Notwithstanding the above-mentioned, for the video or audio information captured by Sengled Snap, we will actually provide 7-day or 30-day storage plan at your option, the video or audio will be deleted automatically on a rolling base instead.
If you have any questions, please contact us at support_na@sengled.com or mailing us at:
Sengled USA
1075 Windward Ridge Parkway, Suite 150
Alpharetta, GA 30005
PRIVACY STATEMENT
1. WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
2. CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at Support_na@sengled.com or mailing us at:
Sengled USA
1075 Windward Ridge Parkway, Suite 150
Alpharetta, GA 30005
3. DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
4. SENGLED.COM
Your data is stored through Sengled.com data storage, databases and the general application. We store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Sengled.com stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
5. THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
6. SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
7. AGE OF CONSENT
By using this site, 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.
8. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support_na@sengled.com or mailing us at:
Sengled USA
1075 Windward Ridge Parkway, Suite 150
Alpharetta, GA 30005
TERMS OF SERVICE
This website (“Site”), our products and Services are operated, or offered by Sengled USA, Inc (“Sengled”). Throughout the Site and this Terms of Service the terms “we”, “us” and “our” refer to Sengled. Sengled offers this Site and the Products and Service, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein (“Terms of Service” or “Terms”). Please read them carefully.
These Terms of Service apply to all users of our website(s), products, services, subscription services, mobile applications and other software (each a “Service” or “Services”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Sengled. Sengled reserves the right to make changes to this Site and these Terms and Conditions at any time. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, you accept that change. Users of the Site should check these Terms of Service frequently.
You agree to these Terms and Conditions by visiting, browsing, shopping, accessing or otherwise using the Site. Your use of this Site indicates your acceptance of these Terms and Conditions. Your placement of an order indicates your acceptance of these Terms and Conditions, including those additional terms and conditions in the Privacy Statement, Privacy Policy, Warranty & Returns, and other such notices and policies referenced herein and/or available by hyperlink.
ACCEPTANCE OF CONTRACT TERMS
By visiting, browsing, shopping, accessing or otherwise using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and condition and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms and conditions as they may be changed by Sengled from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
If you do not agree to all of these Terms of Service, then you may not access the Site or use any Service. If these Terms of Service are considered an offer, then acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
USER REPRESENTATIONS AND INFORMATION
By agreeing to these Terms of Service, 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.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Sengled does not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support_na@sengled.com.
GENERAL TERMS AND CONDITIONS
You may not use our products, this Site or the Services for any illegal or unauthorized purpose nor may you, in the use of our products, this Site or the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not 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 this Site or the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site or concerning the Products 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 timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE PRODUCTS, SERVICES AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the Services.
ACCESS TO SITE AND SERVICES; LIMITED LICENSE
Subject to the terms of these Terms of Service, Sengled grants to you a limited and nonexclusive license (without the right to sublicense) to (1) access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it and (2) execute one (1) copy of the Product software (as such software may be made available by Sengled), solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein is prohibited. Collection or use of any Product listings, descriptions, or prices, from the Site for any purpose other than personal use is prohibited. Any user action that otherwise interferes with the proper and timely functioning of the Site is prohibited. Any unauthorized use terminates the license granted herein.
PRODUCTS AND SERVICE
Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of Sengled. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
THIRD PARTY PRODUCTS AND SERVICES
Sengled may provide the opportunity for you to interface the Products and Services to one or more third party products and services (“Third Party Products and Services”), through and using the Services. You decide whether and with which Third Party Products and Services you want to interface. Your explicit consent and authorization is required for this interface, and is revocable by you at any time. Once your consent is given for a particular Third Party Product and Service, you agree that Sengled may exchange information and control data regarding you and your Products, including your personal information, in order to enable the interface you have authorized. Once this information is shared with the Third Party Product or Service, its use will be governed by the third party's terms of use and privacy policy and not by Sengled's privacy documentation. You acknowledge and agree that Sengled disclaims all representations and warranties (including warranties of merchantability and fitness for a particular purpose concerning all Third Party Products or Services. Accordingly, Sengled is not responsible for your use of the Third Party Product and Services or any personal injury, death, property damage (including, without limitation, to your home), or other harm, damages or losses arising from or relating to your use of the Third Party Products and Services. You should contact the third party with any questions about their Third Party Products and Services.
THIRD PARTY TOOLS
In connection with the Products and Services, we may provide you with access to various third-party tools created by third parties to Sengled (“Third Party Tools”) over which we neither monitor nor have any control over nor input.
You acknowledge and agree access to all Third Party Tools is on an “as is” and “as available” basis and without any warranties, representations or conditions of any kind from Sengled and without any endorsement by Sengled.
You acknowledge, agree and understand that your use of all Third Party Tools is entirely at your risk and that Sengled shall have no liability whatsoever arising from or relating to your use of the Third Party Tools. You should ensure that you are familiar with and approve of the terms on which Third Party Tools are provided by the relevant third-party provider(s).
THIRD-PARTY LINKS
Certain content, Products and Services available through this Site may include materials from third-parties unrelated to Sengled.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Sengled. We are not responsible and disclaim all responsibility for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER SUBMISSIONS
Certain materials may be displayed or performed in connection with the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). If, at our request, you send submissions (for example contest entries) or without a request from us you send Content, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Submissions that you forward to us.
We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions.
We may, but have no obligation to, monitor, edit or remove User Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your User Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Submission. You are solely responsible for any User Submission you make and their accuracy. We take no responsibility and assume no liability for any User Submission posted by you or any third-party.
Some User Submissions consisting of Content may be visible to others (for example, the Services may allow you to upload, post, or otherwise share video Content). You are solely responsible for all Content and other User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services. You represent and warrant that you have all rights necessary to use the Content that you submit and in the manner in which you contribute it; and you license to Sengled all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site and in connection with the Services pursuant to these Terms.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right. Sengled reserves 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Warranty & Returns page.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy or Privacy Statement.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or related to the Products or Services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information with respect to the Products or Services or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied with respect to the Products, Services or on the Site, should be taken to indicate that all information with respect to the Products, Services or on the Site has been modified or updated.
Sengled may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product software (“Updates”). You may see a notice of updating you concerning such Updates when you use the Services. It is at your option to agree and update the software when such notice of an Update is received. Updates will not be automatically installed without receiving your consent as required. If you do not want such Updates, in most cases there will be no problem for you to continue using the Services, although it is highly suggested that you agree to use such Updates to get a better feature or performance experience of the Products or Services. Your use of an Update or of the Services and the Product is your agreement to these Terms of Services.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, the Site or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Site, Products, Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Services or any related website for violating any of the prohibited uses.
You agree not to, and you will not permit others to, (1) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party, (2) copy or use the Services for any purpose other than as permitted herein, (3) use any portion of the Services on any device or computer other than the device or computer that you own or control, (4) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Products or the Services, or (5) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Products or Services (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Sengled and provide Sengled an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Services to any third party without prior written approval of Sengled for each such release.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE OR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE OR SERVICES (OR ANY SERVICE) AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE AND SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
ALTHOUGH THE SITE IS ACCESSIBLE WORLDWIDE, THE PRODUCTS AND SERVICES PROVIDED OR ACCESSED THROUGH OR ON THE SITE ARE NOT AVAILABLE TO ALL PERSONS OR IN ALL COUNTRIES. IF YOU CHOOSE TO ACCESS THE SITE FROM OUTSIDE A COUNTRY IN WHICH SENGLED SUPPORTS THE PRODUCT AND SERVICES ("TARGET COUNTRY"), YOU DO SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LOCAL LAWS IN YOUR COUNTRY. YOU UNDERSTAND AND ACCEPT THAT THE SITE IS NOT DESIGNED FOR USE IN A NON-TARGET COUNTRY AND SOME OR ALL OF THE FEATURES OF THE SITE MAY NOT WORK OR BE APPROPRIATE FOR USE IN SUCH A COUNTRY. TO THE EXTENT PERMISSIBLE BY LAW, SENGLED ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE OR LOSS CAUSED BY YOUR ACCESSING OR USE OF THE SITE OR SENGLED PRODUCTS IN A NON-TARGET COUNTRY. YOU WILL BE BOUND BY THESE TERMS WHEREVER YOU ACCESS OR USE THE SITE OR USE THE SERVICES.
IN NO CASE SHALL SENGLED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDINGS NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sengled and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and Services (or any part thereof).
ENTIRE AGREEMENT
The failure of Sengled to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of Georgia applicable to contracts made and performed wholly within the State of Georgia, without giving effect to the choice of law provisions thereof. Any claim to interpret or enforce the provisions of these Terms of Service shall be brought exclusively within a court of competent jurisdiction, state or federal, in the State of Georgia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support_na@sengled.com.