FOSOO Terms of Service
Effective date: June 1st, 2021.
2. Use of FOSOO Products and Services
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.
● 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:
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.
● Prohibited Content
In connection with your use of any Product or Services, you will not:
4. Ownership and Intellectual Property
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.
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.
● 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.
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)
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.
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.
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.
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
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.
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
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.
12. Dispute Resolution and Arbitration/Waiver of Class Action and Jury Trial
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).
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.
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.
13. GOVERNING LAW
When completing your purchase, a billing statement including ‘fosoo.com’ and the country code such as 'US’,'UK’, etc. would be displayed on the payment page and/or your card statement. All purchases are governed by the Local Law of the corresponding country as indicated by the country code in the billing statement.
● 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.
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.
If you have questions, comments, or concerns regarding this Terms of Service, please contact us at firstname.lastname@example.org and we will respond to your request within 48 hours.