TERMS AND CONDITIONS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EZVIZ INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions of Sale (“Terms”) apply to the EZVIZ website located at www.ezvizlife.com, and all associated sites connected with www.ezvizlife.com (the “Website”), provided by EZVIZ Inc. and its affiliates (“EZVIZ”). By placing an order for products or services from the Website, you accept and are bound by these terms and conditions. If you do not agree to these Terms, you should not obtain products or services from this Website. These Terms are subject to change by EZVIZ (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms prior to purchasing any product or services that are available through the Website. Your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancelation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between EZVIZ and you will not take place unless and until you have received your shipment notification e-mail. You have the option to cancel your product order at any time before we have sent your shipment notification e-mail by cancelling it online through our Website or by calling our Customer Service Department at 1.855.693.9849.
We make every effort to maintain the availability of our Website. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Prices and Payment Terms
All prices posted on the Website are subject to change without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through the Website. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to product orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. You agree to pay interest on all past-due sums at the highest rate allowed by law. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept approved credit cards and debit cards (Visa, MasterCard, American Express, Discover) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
This section governs your enrollment in a paid subscription to EZVIZ’s cloud storage services (“CloudPlay Services”). If you do not agree with the terms in this section, you should not subscribe to our CloudPlay Services.
(a) Billing and Automatic Renewal
When you activate any of our products that include online data storage, you will automatically receive a one-month trial to our storage services free of charge. After the trial period, you may elect to purchase our CloudPlay Services on a subscription basis (e.g., monthly or annually, as applicable). If you choose to purchase a subscription for our CloudPlay Services, you agree to pay the applicable charges associated with that subscription. You are responsible for all applicable taxes. We may suspend or cancel your subscription if we do not receive a timely and complete payment from you. Suspension or cancellation of your subscription due to non-payment could result in a loss of access to the content in your account.
You will be asked to provide a payment method when you register for the paid subscription. You can access your billing information and payment method by signing into your account at www.ezvizlife.com. You agree that EZVIZ may use any updated account information regarding your selected payment method provided by your issuing bank or applicable payment network. You agree to keep your billing and contact information current at all times.
By providing EZVIZ with a payment method, you: (1) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (2) authorize EZVIZ to charge you for the CloudPlay Services using your payment method; and (3) authorize EZVIZ to charge you for any paid feature of the CloudPlay Services that you choose to enroll in or use.
Current data storage services subscription prices are available at www.ezvizlife.com.
(b) Automatic Renewal
When you enroll in a paid subscription for CloudPlay Services, we will automatically renew your subscription at the end of the applicable subscription period. We will automatically bill you from the date you subscribed to the CloudPlay Services, and on each periodic renewal until cancelation.
When you register for a paid subscription, you acknowledge and agree that you are authorizing recurring payment on either a monthly or annual basis (as applicable), and payments will be made to EZVIZ by the method and at the recurring intervals chosen by you, until the paid subscription is terminated by you or by EZVIZ.
If you have signed up for a paid subscription that automatically renews on an annual basis, EZVIZ will notify you of the pending renewal no later than 30 days prior to the end of the initial 12-month term (and each subsequent 12-month term). If you have signed up for a paid subscription that automatically renews on a monthly basis, we will not notify you of any pending renewals unless there is a change to the paid subscription price. YOU MUST CANCEL THE PAID SUBSCRIPTION BEFORE THE RENEWAL DATE TO AVOID BEING AUTOMATICALLY BILLED FOR THE RENEWAL.
(c) Canceling CloudPlay Services; No Refunds
Paid subscriptions are non-refundable. You may cancel your subscription at any time but you will not be issued a refund and your subscription will remain in effect until the end of the paid subscription period. If you remove a registered payment card or a renewal charge is rejected by your financial institution, your paid subscription will be terminated at the end of your subscription period.
(d) Price Changes
We reserve the right to change the prices and fees associated with CloudPlay Services. We will provide notice of price and fee changes by sending a message to the email address associated with your account. Price changes will take effect at the beginning of the next payment interval. If you do not agree to the price or fee change, you must cancel the paid subscription and stop using the CloudPlay Services before the change takes effect.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our delivery of the product to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 30 business days until the order is canceled or delivery occurs.
Returns and Refunds
Except for any products or services designated on the Website as non-returnable, we will accept a return of the products purchased directly from our Website for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 calendar days of delivery and provided such products are returned in their original condition, along with any cords, adapters, and documentation included with the product when it was delivered. To return products, you may sign into your ezvizlife.com account, call 1.855.693.9849, or e-mail our Returns Department at email@example.com in order to obtain a Return Merchandise Authorization (“RMA”) number and pre-paid return label before shipping your product. No returns of any type will be accepted without an RMA number. Only product purchased directly from our Website can be returned to EZVIZ. EZVIZ products purchased through other retailers must be returned in accordance with their respective returns and refunds policies.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately 7 business days of our receipt of your merchandise if EZVIZ determines in its sole discretion that the products are not damaged or defective (other than ways covered by the limited warranty) or missing. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES DESIGNATED ON THE WEBSITE AS NON-RETURNABLE OR NON-REFUNDABLE.
THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS AND SERVICES PURCHASED FROM OUR SITE ARE DETAILED IN OUR LIMITED WARRANTY, WHICH IS AVAILABLE AT HTTPS://WWW.EZVIZLIFE.COM/LEGAL/LIMITED-WARRANTY.HTML AND IN THE DOCUMENTATION WE PROVIDE WITH OUR PRODUCTS. YOU MAY REQUEST A COPY OF OUR LIMITED WARRANTY BY CALLING US AT 1.855.693.9849.
Limitation of Damages and Liability
IN NO EVENT WILL EZVIZ BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCT. EZVIZ’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
ALL PRODUCT INFORMATION AND DATA IS PROVIDED FOR YOUR CONVENIENCE, “AS IS,” AND “AS AVAILABLE.” EZVIZ DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION AND DATA WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION AND DATA OR USE OF THE PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, DATA, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND EZVIZ DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, DATA, OR PRODUCT. PRODUCT INFORMATION AND DATA PROVIDED BY EZVIZ IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE PRODUCT IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including the Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Dispute Resolution and Binding Arbitration
(a) YOU AND EZVIZ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1.800.778.7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EZVIZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EZVIZ.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (626)667-2982; or (ii) by personal delivery, overnight courier or registered or certified mail to EZVIZ Inc., 908 Canada Court, City of Industry, CA, 91748. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.