INF Robotics TERMS OF SERVICE Last modified: September 23, 2017 INF Robotics INC and its affiliates (collectively, “INF Robotics”) operate websites and domains (collectively, the “Sites”). Applicability and Acceptance of Terms By viewing, accessing, browsing, responding to or submitting content to, or otherwise using the Sites, or viewing, accessing, browsing, responding to, purchasing or otherwise using any service or product provided by or referenced in the Sites, you (“You”, or “Your”) acknowledge, accept, consent and agree to the terms of service and the privacy policies on the Sites, and they together constitute a binding, legal agreement between You and INF Robotics (collectively, the “Agreement”), and that You have received good and valuable consideration for entering into and accepting the Agreement. PLEASE READ THEM CAREFULLY. If You does not completely agree to this Agreement, INF Robotics asks You to please not access or use the Sites. As a binding, legal condition of this Agreement, You further acknowledge, accept, consent and agree that INF Robotics may at its option, in its sole and absolute discretion, amend, modify or otherwise change this Agreement (collectively, “Changes”) at any time and from time to time, without prior notice or cause. All Changes, will become part of this Agreement effective immediately upon INF Robotics posting of the Changes on the Sites, and You hereby automatically and unconditionally acknowledges, accepts, consents and agrees to any and all Changes. You hereby acknowledge, consent, accept and agree that You will carefully review this Agreement from time to time on a regular basis, so that You are aware of Changes. If any such Changes are not entirely acceptable and agreeable to You, INF Robotics will not alter or amend this Agreement, and You should immediately discontinue, and no longer access, or use the Sites. Using INF Robotics Sites: Your Access and View of Site Content Subject to all of the terms and conditions of this Agreement, INF Robotics hereby grants to You limited, revocable and non-exclusive permission to access and view the Sites (but not the right to create derivative works), including information, text, images, photographs, video, audio, graphics, branding, logos, content, material, software, code, interface, products or services (collectively, “Content”) intended for You to be linked, accessible or otherwise obtainable from the Sites (collectively, the “Site Content”). Your permission to access and use the Sites and Site Content can be terminated and revoked by INF Robotics at any time with or without cause or notice, and You acknowledge, accept, consent and agree that INF Robotics will not be liable to You or anyone else whatsoever for any penalty or loss for terminating or revoking Your permission to access and view the Sites and Site Content. Using INF Robotics Sites: Your Downloading and Use of Site Content Subject to all of the terms and conditions of this Agreement, INF Robotics hereby grants to You limited, revocable and non-exclusive permission to download Site Content solely for Your personal, non-commercial use (but not the right to create derivative works). Notwithstanding the foregoing, the Site Content includes Content from third parties (“Third Parties”) (collectively, “Third Party Content”). Third Party Content is owned or licensed by Third Parties and such Third Parties may impose at any time and from time to time additional, revised or changed terms and conditions on Your permission which are hereby incorporated in their entirety and without limitation. Your permission is and shall at all times remain automatically and without reservation or other limitation subject to such Third Party additional, revised or changed terms and conditions. Except to the extent expressly set forth in Section 2 and 3 of this Agreement, including all terms and conditions referenced herein, no other use by You is permitted. Your permission to download and use Site Content set forth in this Section 3 can be terminated and revoked by INF Robotics at any time with or without cause or notice and You acknowledge, accept, consent and agree that INF Robotics will not be liable to You or anyone else whatsoever for any penalty or loss for terminating or revoking Your permission to download and use Site Content. Using INF Robotics Sites: You Submission of Your Content; Use of Your Content Subject to all of the terms and conditions of this Agreement, INF Robotics hereby grants to You limited, revocable and non-exclusive permission to submit Content to the Sites (collectively, “Your Content”), but only as, when and for so long as INF Robotics shall permit in its sole and absolute discretion. Your permission to submit Your Content set forth in this Section 4 can be terminated and revoked by INF Robotics at any time with or without cause or notice and You acknowledge, consent, accept and agree that INF Robotics will not be liable to You or anyone else whatsoever for any penalty or loss for terminating or revoking Your permission to submit Your Content to the Sites, or terminating or revoking permission to any Third Party to submit Content to the Sites. You hereby acknowledge, consent, accept and agree that when You submit Your Content to our Sites at any time and from time to time, You automatically grants to INF Robotics, and Third Parties as INF Robotics shall determine, an irrevocable, unrestricted, unconditional, transferrable, paid up, royalty-free, perpetual, exclusive, worldwide license, with right to sub-license, to use Your Content for any purpose whatsoever in its sole and absolution discretion without notice, consent, giving You any credit or attribution, or making any payment to You or giving You any other consideration, which license shall include, without limitation, the right in INF Robotics’ sole option and discretion to access, view, download, distribute, re-distribute, copy, print, display, modify, edit, alter, abbreviate, attribute Your Content to You submitting Your Content, and to create derivate works from Your Content, and to create, develop, manufacture, formulate, advertise, market, promote, sell, distribute and license or sublicense any product or service (collectively, “Your Content Uses”). Use and Misuse of INF Robotics Sites: Site Content You hereby irrevocably and unconditionally acknowledge, consent, accept and agree to the following restrictions and limitations on use of the Sites (including, without limitation, with respect to the Site Content), and agree to strictly comply and abide by these restrictions and limitations: Compliance with all applicable laws, regulations, rules, codes, ordinances or similar determinations of any international, foreign, federal, state, city or local government, commission, public or quasi-public authority or body or public officer having jurisdiction (collectively, “Laws”); and not use the Sites for illegal purposes Refrain from, accessing, downloading and using Site Content for any commercial or solicitation purpose either for You or anyone else Refrain from accessing or using the Sites in any manner that disrupts, interferes with or harms the functioning or security of the Sites, the accessibility and use of the Sites by others, or the computer systems, networks or servers, or other rights or property of others Use and Misuse of INF Robotics Sites: Your Content You hereby irrevocably and unconditionally acknowledge, consent, accept and agree to the following restrictions and limitations on access and use of the Sites (including, without limitation, with respect to Your Content), and agrees to strictly comply and abide by these restrictions and limitations: Compliance with all Laws; and not using the Sites for any illegal purpose Refrain from uploading or using copyrighted Content without the express prior permission of the copyright owners, or that in any way infringes the intellectual property rights of anyone including, without limitation, patent, trademark, service mark, logo trade dress, trade secret, copyright or other proprietary or confidential rights (collectively, “Intellectual Property Rights”) Refrain from uploading and using the Sites for any business or commercial purpose Refrain from uploading or using the Sites in any manner that disrupts, disables, shuts down, interferes with, or harms the functioning or security of the Sites, or computer systems, networks or servers associated with the Sites; without limiting the foregoing, You shall refrain from uploading or transmitting any Virus; “Virus” means (a) any program code or programming instruction(s) or set(s) of instructions intentionally designed to disrupt, disable, harm, interfere with or otherwise adversely affect or damage or overburdens computer programs, data files, computer systems, networks or servers, or (b) other code typically described as a virus, Trojan horse, worm, back door or other type of harmful code. Refrain from uploading or using the Sites in any manner that disrupts, disables, harms, interferes with or otherwise adversely affects or damages, overburdens, or violates the accessibility and use of the Sites by others, of computer programs, data files, computer systems, networks, servers, or other rights or property of others Refrain from attempting to gain unauthorized access to any part of the Sites or any service, other account, computer system, network or server associated with the Sites Refrain from uploading or using the Sites by posting false or misleading statements, or links to any commercial or other website Refrain from uploading or using the Sites in any manner that is threatening or abusive, harassing, harmful to minors, defamatory, libelous vulgar, hateful, or contains sexually explicit language, or involves or promotes expressions of bigotry, racism, discrimination or hate, promotes a cause or movements (e.g. political, religious) or is otherwise objectionable. You hereby represent, warrant, covenant and agree with the following with respect to You Content: You are either (a) the original author of Your Content with sole rights, title and interest in and to Your Content, or (b) have the right to submit Your Content to the Sites without charge, and are in compliance with all copyrights of the original author Have full power and authority to grant the license to Your Content set forth in this Agreement You will indemnify and hold INF Robotics harmless from and against any claim, demand, litigation, proceeding, liability or loss (including reasonable attorneys’ fees) due in any way to or arising from any Your Content that You submits, posts, uploads or transmits on the Sites including, without limitation, any alleged infringement of Intellectual Property Rights or other right of any person involving or relating to Your Content, Your violation of these Terms of Service, or any other act or omission involving or relating to the Sites INF Robotics, and any contract or operational providers that conduct, operate and/or manage any portion of the Sites will not be responsible for the action of any users or third parties with respect to any of Your Content that You posts, uploads or transmits on the Sites INF Robotics has and reserves the right, in its sole discretion, at any time and from time to time to monitor any access or use of the Sites, including access or use by You, and to gather, evaluate, analyze, aggregate and disclose to others for any purpose, including any of Your Content submitted or provided to the Sites, or in any way involving or related to Your access or use of the Sites in any manner or capacity. Intellectual Property Rights in INF Robotics Sites You hereby acknowledges, consents, accepts and agrees that the Sites contain, display and reflect Intellectual Property Rights of INF Robotics and Third Parties that may not be used by You or others without the express prior written approval of INF Robotics in its sole and absolute discretion. INF Robotics is a trademark and service mark protected by Laws. You may not use the INF Robotics trademark without INF Robotics’ express prior written approval in its sole and absolute discretion, nor in any event in any way that is likely to cause confusion to others. Linked Sites The Sites may at any time and from time to time display, provide, refer to or contain links to other websites of third parties. INF Robotics bears no responsibility whatsoever for Content that may at any time and from time to time be available on or through such websites. By providing access to such websites, INF Robotics does not represent, warrant or guarantee that such access will continue or anything regarding the quality thereof, or recommend or endorse products or services that may be provided by or through such websites. INF Robotics does not guarantee, make any representations or warranties, and shall have no liability for, any Content on, or delivered through such websites or by any third party. You hereby acknowledges, consents, accepts and agrees that Your access and use of such links and website is and shall at all times remain entirely at Your own risk and for Your sole account. INF Robotics hereby reserves the right in its sole and absolute discretion to limit or entirely discontinue links to any other website at any time and from time to time without notice and for any or no reason and shall bear no penalty or liability as a result of any such action. DISCLAIMER OF WARRANTIES THE SITES AND THE CONTENT, INCLUDING THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY INF ROBOTICS, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, ORDERS AND SUBMISSIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INF ROBOTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, EXPRESSLY DISCLAIM WITH RESPECT TO THE SITES AND THE CONTENT ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM VIRUS AND INPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. INF ROBOTICS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITES OR IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, CONTENTS OR THE COMPUTER SYSTEMS, NETWORKS OR SERVERS THAT MAKE, OR ASSIST IN MAKING, THE SITES AND CONTENT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INF ROBOTICS DOES NOT REPRESENT OR WARRANT WHATSOEVER REGARDING THE ACCESS, USE OR THE RESULTS OF THE USE OF THE SITES OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT INF ROBOTICS) ASSUMES THE ENTIRE COST AND EXPENSES OF ANY AND ALL NECESSARY ACTIONS INCLUDING, BUT NOT LIMITED TO, SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. LIMITATION OF LIABILITY IN NO EVENT AND UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INF ROBOTICS , OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER LOSS OR INJURY THAT RESULT FROM THE ACCESS OR USE OF THE SITES OR THE CONTENT, OR THE INABILITY TO ACCESS OR USE THE SITES OR THE CONTENTS (EVEN IF INF ROBOTICS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN ANY ACTION ON THE BASIS OF CONTRACT, TORT, NEGLIGLENCE OR ANY OTHER THEORY. INF ROBOTICS WILL NEITHER BEAR OR ASSUME ANY LIABIILTY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT OR AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO OR ON ACCOUNT OF YOU ACCESSING OR USING THE SITES OR CONTENT. INF ROBOTICS WILL NEITHER BEAR NOR ASSUME ANY RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SITES, FOR ANY ERROR, HARM, LOSS TO PERSON OR PROPERTY CAUSED THEREBY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL INF ROBOTICS HAVE OR BEAR ANY LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON ACCESSING OR USING THE SITES OR THE CONTENTS, OR ENGAGING THE SERVICES OF, OR PURCHASING PRODUCTS OR SERVICES OF A THIRD PARTY THROUGH OR AFTER ACCESSING THE SITES OR THE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN NO EVENT SHALL INF ROBOTICS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO INF ROBOTICS OR THE AMOUNT PAID BY YOU TO A THIRD PARTY THROUGH OR WITH ASSISTANCE FROM INF ROBOTICS, THE SITES OR THE CONTENT, IF ANY, OR (B) US$50 (FIFTY US DOLLARS). YOU HEREBY ACKNOWLEDGE, CONSENT, ACCEPT AND AGREE THAT THE DISCLAIMER OF WARRANTY AND THE LIMITATIONS OF LIABI.ITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONBLE, AND HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING WHETHER TO ENTER INTO AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE OR ARE DISSATISIFED WITH THE SITES IN ANY WAY, OR YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF WARRANTY AND THE LIMITATIONS OF LIABILILTY, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND THE CONTENT. General Governing Law. This Agreement shall be governed by, and construed in accordance with, the internal laws of the Commonwealth of Virginia, USA, without regard to its conflict of law provisions. Remedies; Exclusive Forum for Dispute Resolution. You hereby irrevocably acknowledge, consent and agree that INF Robotics has the right and option, at any time and from time to time, in its sole and absolute discretion, to seek and obtain all remedies that may be available at law and in equity for Your failure to strictly comply with, or any violation of, this Agreement. INF Robotics and You hereby irrevocably acknowledge, consent, accept and agree that (a) any legal proceeding involving or arising out of or in connection with this Agreement shall be exclusively brought and maintained in a federal or state court located within the Commonwealth of Virginia, USA, and (b) within twelve months of the time in which the events giving rise to such claim began Your claim (but no any INF Robotics claim) shall be null and void and forever waived and barred. INF Robotics and You each hereby further irrevocably acknowledge, consent, accept and agree that INF Robotics and You each irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of any litigation; and INF Robotics and You hereby irrevocably and unconditionally surrender and waive any jurisdictional, venue or inconvenient forum objections to those courts that either of them have or may have, and hereby irrevocably acknowledge, accept, consent and agree to extraterritorial service of process in such manner as shall be determined by such courts. Entire Agreement. This Agreement constitutes the entire agreement between You and INF Robotics concerning the matters set forth herein, and supersedes all prior contracts, agreements and understandings concerning such matters, whether oral or in writing. No Waiver. The failure of INF Robotics to exercise or enforce any right, remedy or provision of this Agreement shall not constitute or interpreted as a waiver of such right, remedy or provision of this Agreement. Force Majeure. INF Robotics shall not be deemed to be in default or breach of any of the provisions of this Agreement, or liable whatsoever as a the result of acts or events beyond its reasonable control including, without limitation, acts of God, interruption or disruption of internet or other telecommunications services or equipment, civil unrest, acts of war or terrorism or internet hacking, or strikes, fires, hurricanes or floods. Construction. The section headings and titles in this Agreement are for convenience purposes only, and are not intended to have any contractual meaning or impact. The provisions of this Agreement shall not interpreted or construed against either INF Robotics or You.
