TOUCHJET TERMS OF SERVICE

These Terms of Service (“Terms”) set forth the terms by which you use this website (“Website”), and purchase and use the Touchjet Pond™ Projector (“Projector”) and associated accessories (each, a “Product” and collectively, the “Products”) of Touchjet Pte Ltd. and its affiliates, including Touchjet, Inc., a Delaware corporation (collectively, “Company,” “we” or “us”).  Please read these Terms carefully.  By using the Website or purchasing Products thereon, you agree to these Terms, as updated from time to time in accordance with its terms.  If you do not agree to these Terms, you must not use the Website or purchase Products thereon.

Privacy Policy.  Please refer to Company’s Privacy Policy (incorporated herein by reference) for information about how Company collects, uses, shares and protects the information you supply to Company.

Product Purchases.  If you are under the age of 18, you may purchase a Product only with the involvement of a parent or guardian.  All orders for Products placed through the Website are binding and may not be cancelled or modified.  You agree to pay the price for Products listed on the Website by credit card, PayPal or such other payment method as specified, in accordance with the payment procedure described.  All payments are final.  By submitting your payment-processing information through the Website, you grant us the right to provide such information to third parties for purposes of facilitating the completion of payment transactions initiated by you or on your behalf.  Notwithstanding the foregoing, we reserve the right to refuse service or cancel orders in our sole discretion.

Risk of loss in any purchased Product passes to you upon our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point.  Title to the Product passes to you upon our receipt of payment for the Product, although we maintain all right, title and interest in and to the Product’s software (“Software”) and any intellectual property relating thereto.

Product Use and Restrictions.  Your use of any purchased Product will be governed by the following Terms and Conditions of Use and One-Year Limited Warranty:

Terms and Conditions of Use

License. Company hereby grants to “you,” the first user of the Product and any transferee of the Product (in whole but not in part) a limited, non-exclusive, non-transferable, non-sublicensable license to make personal and non-commercial use of the Software.  Such license shall terminate without notice upon your non-compliance with these Terms and Conditions of Use.  All rights not expressly granted to you are reserved and retained by Company.  Company owns all right, title and interest in and to the Software and all intellectual property relating thereto.  The Software is the property of Company and protected by United States and international copyright laws.

Restrictions. The Product and Software or any component thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express written consent of Company.  You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another product or service or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to it in whole or in part.  You may not, and you will not encourage, assist or authorize any other person to, copy, modify, reverse engineer, decompile or disassemble or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.  You may not misuse the Product or Software or use the Product or Software for any illegal purpose, including, without limitation, the display (in part or in whole) of protected content as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement or violate any other applicable right).  You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States and other governmental agencies and authorities that may apply to the Software.

Data Collection and Privacy.  By using the Software, you agree to permit Company to collect and use for its internal purposes information about your internet connection (including, without limitation, IP address, operating system and browser type) and how you use the Product (including, without limitation, browsing actions and patterns, traffic data, location data, logs and other communication data, as well as the resources and apps that you access, download and use).  Please refer to Company’s Privacy Policy for more information about how Company collects, uses, shares and protects the information you supply to Company.

Limitation of Liability. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE PRODUCT OR SOFTWARE, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  If in any case Company does have a liability, Company does not accept any liability for (i) any loss of profits or use or for the restoring or recovering of any data corrupted or lost or (ii) any amount greater than the price paid by you for the Product. In jurisdictions which do not allow liability for certain kinds of damages to be limited or excluded, some or all of the above limitations or exclusions may not apply to you.

One-Year Limited Warranty

Company offers the following commercial warranty to “you,” the first user of the Projector. This warranty is in addition to any legal rights you have against Company or any other person. These rights vary by jurisdiction and are not affected in any way by this warranty. If you transfer the Projector to another person they will also have the benefit of this warranty.

Company warrants the Projector against defects in materials and/or workmanship under normal use for a period of ONE (1) YEAR from the date of purchase by the original purchaser (“Warranty Period”). If a defect arises and a valid claim is received within the Warranty Period, Company will either, at its option: (a) repair the defect at no charge, using new or refurbished replacement parts; or (b) replace the Projector with a new Projector that is at least functionally equivalent to the original. A replacement Projector or part, including a user-installable part installed in accordance with instructions provided by Company, assumes the remaining Warranty Period of the original Projector. When a Projector or part is exchanged, any replacement becomes your property and the replaced item becomes Company’s property.

Obtaining Service. To make a claim to obtain warranty service, send an email to Company at cs@touchjet.com (a) describing the Projector’s defect (b) with a copy of the Projector’s purchase receipt. Service options, parts availability and response times will vary. If Company approves your claim, you will be responsible for the return (and associated shipping costs) of the Projector or any defective parts to Company’s authorized service center.

Limits and Exclusions. This Limited Warranty does not cover: (a) damage caused by failure to follow instructions relating to the Projector’s use or the installation of components, including, without limitation, in the User Guide (incorporated herein by reference) or these Terms; (b) damage caused by accident, abuse, misuse, fire, floods, earthquake or other external causes; (c) damage caused by service performed by anyone who is not a representative of Company; (d) accessories used in conjunction with the Projector, whether or not provided with the Projector; (e) a Projector or part that has been modified to alter functionality or capability; (f) items intended to be periodically replaced by you during the normal life of the Projector, including, without limitation, batteries and light bulbs; (g) any Projector sold “as is,” including, without limitation, floor demonstration models and refurbished items; or (h) a Projector that is used contrary to the User Guide or these Terms, including, without limitation, commercially or for a commercial purpose.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF COMPANY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. Some jurisdictions disallow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction.

Intellectual Property.  Company owns all intellectual property rights in and to the Products and Software. You will acquire no interest or rights in or to such intellectual property by virtue of these Terms.

The Website and their entire contents, features and functionality are owned by Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  These Terms permit you to use the Website for your personal and non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any of the material on our Website.

Touchjet, the Touchjet logo and all related names, logos, product and service names, designs and slogans are trademarks of Company.  You must not use such marks without the prior written permission of Company.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Company shall be free to use, disclose, reproduce, license and otherwise distribute and exploit any suggestions, comments or feedback that you provide to Company as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Third-Party Links.  When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier, mobile platform provider or application store (e.g., Google Play).  In fact, to use certain features of the Software, you will need working wireless Internet access and a Google account, which requirements are your responsibility.  For your convenience only, links to other sites and resources provided by third parties (including links in banner advertisements and sponsored links) may also be accessed from the Website.  We have no control over the contents of such services, sites or resources, including, without limitation, any applications downloaded to the Products, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  Your use of third-party services, sites or resources is at your own risk and may be subject to the separate policies, terms of use and fees of third parties.    

Limitation of Liability and Indemnity. WE TRY TO KEEP THE WEBSITE RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK.  WE PROVIDE THE WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SAFE, SECURE OR ERROR-FREE OR THAT IT WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.  WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES.

WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DUE TO VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR ELECTRONIC EQUIPMENT, PROGRAMS OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY CLAIMS, LOSSES OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR VIOLATION OF THESE TERMS.

Governing Law.  Except where prohibited or provided otherwise by applicable law, (a) these Terms shall be governed by and construed in accordance with the laws of the State of California, USA without regard to the provisions thereof pertaining to conflicts of laws; and (b) disputes and controversies arising out of or in connection with these Terms, the Website or the Products may be resolved by the state or federal courts located in San Francisco, California, USA, and each of you and Company agrees to submit to the jurisdiction of such courts.

Miscellaneous.  These Terms make up the entire agreement between you and Company regarding the Website and supersede any prior agreements.  If any portion thereof is found to be unenforceable, the remaining portion will continue in full force and effect.  If Company fails to enforce any provision of these Terms, such failure will not be considered a waiver.  You may not transfer any of your rights or obligations under these Terms without our consent.  All of Company’s rights and obligations under these Terms are freely assignable in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.  These Terms do not confer any third-party beneficiary rights.  Nothing in these Terms shall prevent Company from complying with the law, and you agree to comply with all applicable laws when using the Website.

Changes to these Terms.  Company may, in its sole discretion, amend these Terms at any time, and posting a notice on the Website shall render any such amendments effective.  Because these Terms are binding on you, it is your responsibility to review them periodically and discontinue using the Website or the Products if at any time you find them unacceptable.  YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.