THIS LEGAL NOTICE CONTAINS A MANDATORY ARBITRATION PROVISION, CLASS ACTION AND CLASS ARBITRATION WAIVER, AND JURY WAIVER, ALL OF WHICH AFFECT YOUR RIGHTS. PLEASE READ THIS LEGAL NOTICE CAREFULLY.
- GENERAL SCOPE.
This Legal Notice of the Munevo Landing Page (this “Legal Notice”) governs your pre-order (“Pre-Order”) of the Product (as defined below) on sale by Munevo Inc. (“Munevo”, “us”, “we”, or “our” as the context may require) on the landing page (“Landing Page”) [Munevo.com] website (our “Site”).
Our proportional head control device, which connects to an electric wheelchair (“Wheelchair”) to assist with a wheelchair user’s mobility, utilizes Bluetooth and a D-Sub 9 cable (the “Cable”) to connect our Munevo adapter box (the “Adapter Box”) to a Google Glass device (the “SmartGlasses”), in which its software is installed with Munevo DRIVE Control (the “Software”) to control the Wheelchair (collectively, the “Product”).
Please read this Legal Notice carefully before submitting your Pre-Order of the Product. By submitting your Pre-Order, you agree to be legally bound by the terms of this Legal Notice, the General Terms and Conditions, and the General Terms & Conditions for the Sale of Products (collectively, “Commercial Documents”). The sale of any Product is expressly conditioned on your assent to these Terms. We expressly object to any additional or different terms proposed by you. You may not modify these Terms, nor shall any course of dealing operate as a modification or waiver of these Terms.
When you visit our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site, including any updates to this Legal Notice. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby certify that you are at least 18 years old
II. PRE-ORDER RESERVATION AND ELIGIBILITY
When placing a Pre-Order for the Product, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Munevo shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by sending an e-mail to firstname.lastname@example.org.
You acknowledge and agree that Munevo may decline or delay reservations to avoid oversubscription or as it deems appropriate. Any such changes to the reservations shall be governed by the General Terms and Conditions for the Sale of Products found here.
III. PRE-ORDERS OF PRODUCTS
Your Pre-Orders of the Products, including its purchase price, delivery, and refund policy shall be governed by the General Terms and Conditions for the Sale of Products found here.
IV. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MUNEVO SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATED TO THIS LEGAL NOTICE, THE LANDING PAGE, OR OUR SITE. IN THE EVENT MUNEVO IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS LEGAL NOTICE, THE LANDING PAGE, OR OUR SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LANDING PAGE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE LANDING PAGE AND OUR SITE. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LANDING PAGE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE LANDING PAGE. WE DO NOT WARRANT THAT THE LANDING PAGE AND OUR SITE, OUR SERVERS, OR EMAIL SENT FROM US, OR OUR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PURCHASES OF THE PRODUCT SHALL BE GOVERNED BY THE GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS FOUND HERE.
VI. MISCELLANEOUS PROVISIONS
Entire Agreement. This Legal Notice constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations, and understandings of the parties.
Modification. We reserve the right to make changes to our Site and Commercial Documents, including this Legal Notice, at any time.
Severability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Force Majeure. Munevo shall not be liable for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
Governing Law. This Legal Notice shall be governed by and shall be construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
Venue. The venue for any actions relating to the subject matter or enforcement of this Legal Notice shall be in the State of Delaware, and you and Munevo consent to the jurisdiction of the state and federal courts in the State of Delaware for any actions relating to the subject matter of this Legal Notice.
Arbitration, Class Action/Arbitration, and Jury Waiver.
You agree that any dispute or claim relating in any way to this Legal Notice, the Landing Page, or our Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Legal Notice as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.