FOSOO Terms of Service

Effective date: June 1st, 2021.

FOSOO Oral Care and its affiliates (collectively, “FOSOO”, “we”, “our”, or “us”) provide:

1. The websites located at www.fosoo.com and all associated web pages, websites and corresponding social media pages of FOSOO (collectively, the “Site”), your use of which is governed by these Terms of Services (these “Terms”).

2. FOSOO hardware product (the “Products”) and services accessible via the site. Your use of the products and services are governed by these Terms.

In addition to these Terms, your purchase of any product is governed by the Terms of Sale (“Terms of Sale”) below and the limited warranty set forth below.

By creating an account or accessing, purchasing, or using any of our products or services, you accept and agree to be bound by these terms. If you don’t agree to these terms, including the mandatory arbitration provision and class action waiver in section 12, do not use our products or services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes.

If you do not agree to the amended Terms, you must stop using our Services. If you have any questions about these Terms or our Services, please contact us from our support page.

1. Privacy

For information about how we collect, use, share and otherwise process information please see our Privacy Policy for fosoo.com.

2. Use of FOSOO Products and Services

● Eligibility

You must be at least 16 years of age to access, purchase, or use any of our Products or Services. If you are under 16 years of age, do not use, purchase or sign up for any Products or Services. If you are under the age of 18 (or the age of legal majority where you live), you may use our Products or Services only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) who has reviewed these Terms as required by the previous sentence, hereby agrees to be fully responsible for the acts or omissions of such user in relation to the use of our Products or Services. If you use our Products or Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you, the person, or the entity violate these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation.

Accessing the Site from territories where its contents are illegal or unlawful is prohibited.

You may not create more than one FOSOO account. You may not use, purchase or sign up for any of the Products or Services if you were previously prohibited by FOSOO from using the Products or Services.

● Account

To access and use certain parts of the Website, you may be asked to create a user account ("Account"), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Website is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If FOSOO believes in its sole discretion that the information you provide is not current, complete, or accurate, FOSOO has the right to refuse you access to the Website. For additional information, see FOSOO’s Privacy Policy.

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify FOSOO immediately of any unauthorized use of your Account. FOSOO shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by FOSOO, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

● Suspension or Termination of Account

FOSOO may suspend or terminate your Account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of the Terms, any security or other threat to our systems, technology, business or to other people, or other matters warranting such suspension or termination. We are not responsible for any loss or harm related to your inability to access or use our Services.

● Access and Use

You may access and use the Services as permitted by, and subject to, these Terms and any other applicable agreements between you and FOSOO. You are solely responsible for your conduct while using our Products or Services and you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Products or Services. Without limiting the generality of the foregoing, you will not:

1. use or attempt to use another user’s Account without authorization from that user and FOSOO;

2. permit any third party to access the Services except as permitted herein;

3. sell or resell our Products or Services, or commercially use our Products or Services;

4. copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us;

5. modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Products or Services;

6. use our Products or Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden or impair the functioning of our Products or Services in any manner;

7. reverse engineer any aspect of our Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services; 8. copy, frame or mirror any part or content of the Services, other than copying or framing in your own intranet or otherwise for your own internal business purposes; 9. use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services;

10. develop or use any applications, except those applications provided by FOSOO, that interact with our Products or Services without our prior written consent;

11. use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

12. copy any feature, function or graphic of the Products or Services;

or 13. access our Products or Services in order to build a competitive product or service, or copy any feature, function or graphic of the Products or Services.

3. User Content

● Content Submission and Use

Our Services may allow you and other users to create, post, use, share and store content, including message board posts, comments, videos, messages, photos or other preferences you express or materials you share with us or other users when using our Services (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and FOSOO.

You grant FOSOO and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content (including, for avoidance of doubt, any name, username or likeness provided in connection with your User Content or associated with your account) in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and the options you select, when you post or otherwise share User Content on or through our Services, you understand that some or all of your User Content (including your name, username or profile photo and other account information) may be visible to others.

1. be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

2. constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

3. contain or depict any statement, remark or claim that does not reflect your actual view or experience;

4. impersonate, or misrepresent your affiliation with, any person or entity;

5. contain any unsolicited promotion, political campaigning, advertising or solicitation;

6. contain any private or personal information of a third party without such third party’s consent;

7. contain any virus, corrupted data or other harmful, disruptive or destructive file or content;

or 8. in our sole judgment, be objectionable, restrict or inhibit any other person from using or enjoying our Services, or expose us or others to any harm or liability of any type.

We may remove any User Content at any time if we determine that it violates any of these Terms. You represent and warrant that: (y) you have all necessary rights in the User Content to make it available through the Services and grant the license rights in these Terms, and (z) our use of User Content as permitted by these Terms will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

● Prohibited Content

In connection with your use of any Product or Services, you will not:

1. engage in any harassing, threatening, intimidating, predatory or stalking conduct;

2. impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity;

3. use our Products or Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

4. send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

or 5. use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section is solely at FOSOO’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

4. Ownership and Intellectual Property

● Ownership

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and all intellectual property therein and in the Products, are owned by FOSOO or our licensors and are protected under both United States and foreign laws. We reserve all right, title and interest in and to the Products or Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

● FOSOO Trademarks

The “WELLON” “FOSOO”, “APEX”, “LUX”, “NOV” names, our logos, our other product and service names, our slogans and the look and feel of the services are trademarks of FOSOO and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

● Feedback

You may choose to or FOSOO may invite you to submit comments, suggestions or ideas about our Products or Services, including how to improve the Products or Services (“Feedback”). By submitting or providing any Feedback, you agree that your submissions are voluntary, gratuitous and without restriction, and will not place FOSOO under any obligations to you or any other party. FOSOO may use, copy, modify, publish or redistribute the Feedback and its contents for any purpose and in any way without any compensation to you. FOSOO does not waive any rights to use similar or related ideas previously known to FOSOO, developed by its employees or obtained from other sources.

5. FOSOO Terms of Sale

The following terms of sale apply to the purchase of products and services through our site. By purchasing a product or service, you accept and agree to be bound by these terms of sale. If you don't agree to these terms of sale, do not purchase products or services from the site.

● Order Eligibility

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Site (the “Territory”). We make no promise that Products or Services available on the Site are appropriate or available for use in locations outside the Territory.

● Product Availability, Display and Specifications

Details of the Products and Services available for purchase are set out on the Site. All features, content, specifications, Products, and prices of Products and Services described or depicted on the Site are subject to change at any time without notice. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Site. For example, Products or Services included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.

We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.

● Purchase Restrictions and Quantity Limits

You may only purchase Products and Services for personal use by either yourself or your intended recipient of the Products. The Products and Services are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such an order.

● Order Process; Errors

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order. Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from FOSOO. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product or Service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

● Price

Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price. All prices on the Site are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site.

● Service and Other Fees

Some Services may be provided for a fee, either now or in the future. When you select or use Services subject to a fee, you will pay the applicable fees in connection with such Service(s) in accordance with the amounts and payment terms (including due dates) specified in the applicable Supplemental Terms or on the Site. If no timing or due date for a given Service fee is specified, such fee will be due upon selection or sign up for the applicable Service. Some paid Services may be offered on a subscription basis with fees charged to you upon periodic renewals of such Service absent your termination of such Service prior to the renewal fee becoming due. Unless otherwise noted, all fee payment obligations for Services are non-cancelable and all Service fees paid are non-refundable and non-creditable. FOSOO may change any or all of its Service fees (or impose new fees) upon notification to you of such changed or new fees (except to the extent the applicable Supplemental Terms expressly state that fee rates are locked in for some period of time)

● Payment

The Site gives you different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the Products and Services, (ii) the credit card information you supply to us is true, correct and complete, (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 shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.

● Return

OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. WE WILL ACCEPT ANY ITEMS RETURNED IN ACCORDANCE WITH OUR RETURN POLICY DESCRIBED ON OUR RETURN POLICY AND LIMITED WARRANTY TERMS. WE MAY DENY ANY RETURN IF IT FAILS TO MEET OUR RETURN CRITERIA DESCRIBED IN OUR RETURN POLICY. FOR ADDITIONAL INFORMATION ON OUR RETURN PROCESS AND POLICY, PLEASE VISIT OUR RETURN POLICY AND LIMITED WARRANTY TERMS.

6. Limited Warranty and Disclaimers

● Limited Warranty

FOSOO offers a limited warranty for certain products in accordance with the terms of its published limited warranty and returns policy (the “Limited Warranty”) posted on our Return and Warranty Policy. All warranty claims are subject to the terms of this Limited Warranty.

● Intended Use of FOSOO Products and Services

Our products and services are intended to be accessed and used for non-critical, non-commercial, personal uses and not for medical or treatment purposes.

● Disclaimer of Warranty

Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and Services and any content therein, including User Content, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, FOSOO does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While FOSOO attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law requires.

● Release

To the fullest extent permitted by applicable law, you release FOSOO, its subsidiaries and affiliates, and each of our respective licensors, officers, directors, agents, partners and employees, from responsibility, losses, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, personal injury or loss of life), arising out of or related to (i) your use of the Products and Services, (ii) disputes between users and (iii) the acts or omissions of third parties, including as they may relate to Third-Party Materials or Third Party Content. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

7. Indemnity for Third-Party Actions

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless FOSOO, our affiliates and each of our respective officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “FOSOO Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (i) your access to or use of the Products or Services; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with the Products or Services. Nothing contained herein will be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. However, your indemnification obligation will not apply to any willful, wanton, intentional or reckless misconduct of the FOSOO Parties, or gross negligence of the FOSOO Parties in those states that do not permit indemnification for gross negligence. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FOSOO or the other FOSOO Parties.

You will promptly notify FOSOO Parties of any third-party Claims, cooperate with FOSOO Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). FOSOO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FOSOO, and you will cooperate with our defense of such third-party Claims. You will not settle any third-party Claim without FOSOO’s prior written consent. FOSOO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. Modification or Termination of Services

FOSOO reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any aspect of the Products and Services without advance notice. All modifications and additions to the Products and Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by FOSOO in writing. FOSOO will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Products and Services or any part thereof.

9. No Warranties; Limitation of Liability

User Account

FOSOO, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither FOSOO nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. FOSOO disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. FOSOO shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of FOSOO, Company Parties, or FOSOO users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of the Website is at your sole risk. You will not hold FOSOO or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall FOSOO or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to FOSOO or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between FOSOO and you. The Website would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and FOSOO or between you and any of FOSOO’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. FOSOO’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.

No Advice

Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

10. Consent to Receive Electronic Communications from FOSOO

By creating an Account and providing your email address to FOSOO, you expressly consent to receive electronic and other communications from FOSOO, over the short term and periodically, including email communications. These communications will be about your purchases, your customer service inquiries, new product offers, promotions and other matters. You may opt out of receiving promotional electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting FOSOO at one of our customer service numbers as listed here: https://www.fosoo.com/contact. Your unsubscribe request will apply to promotional communications only and will not limit FOSOO’s ability to contact you regarding your purchases, Account, or to provide you with updates to this Agreement or the Privacy Policy. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

11. Other Parties

The Website may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with FOSOO and some of whom may not. FOSOO does not have control over the content and performance of Third Party Websites. FOSOO has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third Party Websites. Accordingly, FOSOO does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third Party Websites. FOSOO disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.

You accept that, as a limited liability entity, FOSOO has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FOSOO’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect FOSOO’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FOSOO and the Company Parties.

12. Dispute Resolution and Arbitration/Waiver of Class Action and Jury Trial

Binding Arbitration

If you, on the one hand, and FOSOO and Company Parties (collectively, “Arbitration Parties”), on the other hand, cannot resolve a dispute or other Claim through negotiations, any party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. This Terms of Use will be governed by local laws and regulations.

The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The Arbitration Parties may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.

Restrictions Against Joinder of Claims

You and the Arbitration Parties agree that any arbitration shall be limited to each Claim individually. Parties to arbitration under this agreement may only bring claims against the other in your or an Arbitration Party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or the Arbitration Parties from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or the Arbitration Parties from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

13. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.

14. Gerneral

● Severability; Waiver

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure or delay of FOSOO to exercise or enforce any right, remedy or provision of the Terms will not constitute a waiver of such right, remedy or provision. All waivers of any terms or conditions in these Terms must be in writing signed by the waiving party.

● Notifications

FOSOO may provide notices to you with respect to these Terms, the Products or Services, or as required by law, by posting such notices on the Site and/or by sending them to you via email to the primary email address associated with your Account (if any) and/or to the mobile number or messaging address (if any) you provided to us in connection with your Account. Any such notices will be deemed properly and timely given to you hereunder. FOSOO is not responsible for any automatic filtering that you or your network provider may apply to email or mobile notifications. FOSOO recommends adding @FOSOO.com email addresses to your email address book to help ensure that you receive email notifications from FOSOO. You consent to the use of: (i) electronic means to provide you with any notices given pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Products or Services.

Contact Us

If you have questions, comments, or concerns regarding this Terms of Service, please contact us at service@fosoo.com and we will respond to your request within 48 hours.