We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Legal
iOttie is the proud owner of several trademarks as well as patents issued by the United States Patent and Trademark Office (USPTO). iOttie products are covered by one or more of the following trademarks, in the U.S. When using the marks in publication materials that will be distributed only in the United States, include the appropriate ™ or ® symbol on first use. For publication materials that will be distributed outside the United States, do not include trademark symbols.
Effective Date: May, 23, 2018
iOttie, Inc.
470 7th Ave, 6th FL
New York, NY 10018
cs@iottie.com
470 7th Ave, 6th FL
New York, NY 10018
cs@iottie.com
This web page represents a legal document and is the Terms and Conditions (Agreement) for our Website, www.iottie.com. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
Definitions
The terms “us”, “we”, and “our” refer to iOttie, Inc., the owner of this Website. A “Visitor” is someone
who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
The term “Product” refers to any products we sell or give away. The term “Claim” means any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses).
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”
Acceptance of Agreement
This Agreement is between you and iOttie, Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and iOttie, Inc. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
1. Return- Warranty Policy
iOttie, Inc. provides our customers with top-rated, high-quality products that are assured to satisfy the needs of our customers. At iOttie, Inc., only offers a manufacturer warranty for the products that are considered to be defective in physical nature. We reserve the right to refuse for return and reserve the right to charge a restocking fee for damaged or incomplete returns. Therefore, when returning products, please e-mail us at cs@iOttie.com and contact our customer representatives before you decide to ship the product to us. Keep in mind that without consent from iOttie, Inc., returns may not be applicable; therefore, it is crucial that our customers review the return policy with our representatives before furthering in any return processes. Please e-mail us at cs@iOttie.com for return confirmation.
Return Address:
iOttie, Inc.
470 7th Ave, 6th FL
New York, NY 10018
2. Privacy Policy
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.iottie.com Privacy Notice, do not use this Website or our Services.
3. Shipping
For us customers, our products are shipped via USPS Priority or UPS Ground in the continental United States, we also offer expedited shipping for an additional charge. For International customers, our products are shipped via DHL international and/or customers’ own shipping accounts. If you place your order before 12:00 pm eastern time, it will usually be shipped within 7~10 days of the date you place your order, not including weekends and holidays. Orders placed after 12:00 pm central time or over a weekend or holiday, will be processed the next business day and usually shipped within 7-10 days of being processed. International, Alaska, Hawaii, and less accessible areas’ orders require additional handling fees to cover the processing of customs paperwork and special shipping arrangements, plus payment of actual shipping costs. Insurance is required and based on the total package value. b. iOttie, Inc. will not be held responsible for lost items during the delivery process. If items are lost during the delivery process, all complaints and inquiries should be handled and cleared directly with the shipping provider’s customer service department. Once the items are shipped and the tracking number is given, all responsibility is held by the postal service. c. To lessen the complications and confusion, and to accelerate the shipping and handling process, we advise our customers to check for spelling, and other typographical errors, and make sure the credit card information entered is correct. All labels and addresses are printed and copied exactly the way customers enter them during the order process. If this is the case, and the item becomes lost, iOttie, Inc. will not be held liable for the lost item.
4. DISCLAIMER OF WARRANTIES
iOttie cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
The site and all information, content, materials , products, services, and user content included on or otherwise made available to you through the site (collectively, the “site contents”) are provided by iottie on an “as is,” “as available” basis, without representations or warranties of any kind. iottie makes no representations or warranties of any kind, express or implied, as to the operation of the site, the accuracy or completeness of the site contents, or that emails sent from iottie are free of malware or other harmful components. You expressly agree that your use of the site is at your sole risk. To the full extent permitted by law, iottie disclaims any and all representations and warranties with respect to the site and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
5. Limitation of Libility
Under no circumstances shall iottie or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if iottie has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
6. Indemnification
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless iOttie and its respective employees, directors, officers, agents, vendors, and suppliers from and against any Claims arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
7. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with iOttie, or in any way relating to your use of the iOttie Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving iOttie or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
8. Arbitration.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in New York, NY, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, NY necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.
9. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
10. Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of iOttie. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
11. Link to Other Websites
Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. iOttie. has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those sites to fully understand what information is collected and how it is used.
12. Correcting Information
You can view your registration, payment, and other personal information. If you need to make changes to your information, you can modify them through your Account with iOttie.com.
13. Severability
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement
14. Your Feedback and Questions
iOttie.com provides our customers with necessary products, but we also serve to assist, satisfy, and serve to make internet purchasing easy. We welcome all feedback on our products, customer service, and any criteria that our customers would like to speak on. Send us your comments, opinions, and any questions to our e-mail address at cs@iOttie.com. Our customer representatives will write back to you as soon as possible.
15. Change to Terms and Conditions
