Arbitration notice: except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and Senic will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Senic Products shall mean the Senic hardware products, the Senic service, or any applications (including mobile applications) made available by Senic.
Product Failure shall mean any sort of error or failure that results in Senic Products not working as intended or as expected.
Service shall mean the Senic service, or any applications (including mobile applications) made available by Senic.
*2. Basic Terms *
2.1 You may not use Senic Products for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Senic Products.
2.3 We reserve the right to modify or terminate the Senic service, or any applications (including mobile applications) or your access to the Senic service for any reason, without notice, at any time, and without liability to you.
2.6 We reserve the right to refuse access to the Service to anyone for any reason at any time.
3. Disclaimer of Warranties
3.1 The Service is provided on an "as is", "as available" and "with all faults" basis. to the fullest extent permissible by law, neither Senic nor any of their employees, managers, officers or agents (collectively, the "Senic parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to the service.
3.2 The Senic parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.
4. Product Usage and Indemnity
4.1 Senic is not responsible for how you use Senic Products, how this might affect you, and the risks that you are exposed to due to the usage of Senic Products, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected to your use of Senic Products.
4.2 You acknowledge and agree that Senic Products and Services are not manufactured, designed or authorized for use and shall not be used, sold for use, or incorporated into modules for use in any medical application or life support or safety equipment or any application where performance of the product (either by itself or in conjunction with other components) can result in personal injury or death. Any use or sale or incorporation into modules of Senic products shall be fully at your own risk.
4.3 You agree to NOT use Senic Products where Product Failure might lead to personal injuries, deaths, damage to or destruction of tangible property, or where Product Failure risks your or anyone else’s personal health in any way.
4.4 You confirm that you are aware of and understand that Senic Products will NOT function at all times and that Product Failure will occasionally occur. (For example, you confirm that you understand that using the Nuimo will not always trigger your desired action or functionality.) This includes, but does not limited to, use of Senic products in relation to health or safety.
4.5 Senic strongly advise you to always verify that the use of Senic Products gives you the expected results.
4.6 You shall indemnify and hold harmless Senic and any of its employees, directors, officers or agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees), which are caused by, are related to, or arise out of usage of Senic Products, claims of Senic Products liability or similar claim regarding the marketing, manufacturing, performance or design of Senic Products, including, but not limited to, any failure or alleged failure to warn of a hazard, defect, or alleged hazard or alleged defect of a Product, which results in personal injury, including death, or damage to or destruction of tangible personal property. You will cooperate as fully required by Senic in the defense of any claim. Senic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Senic.
5. Limitation of Liability; Waiver
5.1 Under no circumstances will the Senic parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) your use of, inability to use, or the performance of the Service or Senic Products; (c) any action taken in connection with an investigation by the Senic parties or law enforcement authorities regarding your or any other party's use of the service; (d) any action taken in connection with copyright or other intellectual property owners; (e) any errors or omissions in the service's operation; or (f) Product Failure. In no event will the Senic parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the Senic parties total liability to you for all damages, losses or causes or action exceed one hundred united states dollars ($100.00).
6. Governing Law and Arbitration
6.2 Any arbitration award shall be final and binding and may, if necessary, be enforced by any court or authority having jurisdiction. The arbitration award and the arbitration proceedings shall be governed by confidentiality.