This is a binding contract between you and SHENZHEN HANWUJI INTELLIGENT TECHNOLOGY CO.,LTD. (with its affiliates, ” HANWUJI “, “we” and “us”) and describes the rules and restrictions that apply to our websites, products, and services, including the HandiBlox devices and its associated applications (the “Services”). Please read these Terms carefully. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of by litigation in court.
By using the Services, you agree to be bound these terms, the HANWUJI Privacy Policy and Copyright Dispute Policy, as well as other rules, policies, and other terms available through the Services (collectively, “Terms”). If you do not accept the Terms, then you do not have a right to use the Services, and you may return the products if allowed under the applicable return policy. If you reside in France or Germany, some of these terms do not apply to you. Please scroll to the end of these Terms for additional terms.
You understand that HANWUJI exclusively owns the Content and the Services and intellectual property in them (except that you own your User Submissions and physical hardware devices you have purchased, but not software or other materials we may license to you under these Terms even if such materials reside on your devices). You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. We reserve the right to delete or disable Content alleged to be infringing.
If there is a dispute between participants on this site, or between users and any third party, HANWUJI is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you release HANWUJI, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Furthermore, either you or HANWUJI may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work.
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND HANWUJI ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Both you and HANWUJI acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, HANWUJI’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
