Online Services Usage Agreement ("Terms of Service")
For All Neato Robotics Websites and Services
Updated July 31, 2015
These Terms of Service govern your use of NeatoRobotics.com and, unless other terms and conditions expressly govern, any other electronic services, provided by or made available through Neato Robotics, Inc. ("Neato") that may be available from time to time (collectively, the "Services"). Use of the Services is acceptance of these Terms of Service.
THESE TERMS OF SERVICE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, A CHOICE OF LAW, A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH NEATO. PLEASE READ THEM.
Overview. Neato offers two types of access to its Services: (1) Website Visitor (you browse the Website but have not registered); and (2) Registered Neato Robot Owner or Potential Owner (you have created a My Neato account)Section 1 of these Terms of Service applies to everyone who use our Services. Section 2 applies only to individuals with My Neato accounts. Section 3 - legal notices – applies to everyone.
General: Your use of the Services constitutes your agreement to these Terms of Service. If you do not agree with these Terms of Service, please do not use the Services. Neato reserves the right to change, modify, add, or remove portions of these Terms of Service at any time. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.
Ownership: The content on and the technology driving the Services are the property of Neato or its licensors and are protected by international copyright, patent, and trademark laws.
License: Neato grants you a limited, non-exclusive, non-transferable license to (1) access and view the content on the Neato Services and (2) access and use the software and mobile applications provided by the Neato Services. Your use of the software embedded into Neato products is governed by the Neato End User License Agreement (“EULA”).
Use of Content: You may print or download content on the Services only for your personal, non-commercial use. You may not publish, distribute, retransmit, sell or provide access to the content on the Services, except as permitted under applicable law or as described in these Terms of Service. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services, except with our express written permission. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, insert any code or product or manipulate the content of the Services in any way.
Feedback and Submissions. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you.
Termination. If you violate these Terms of Service, we reserve the right to deactivate your account or deny you access to the Services, at our sole discretion, at any time and without notice or liability to you.
Registration. Some of the Services are available only to My Neato account holders. The minimum information we need to register you is your email address and a password.
By registering, you agree that:
Upon any such termination, we may delete your account and other information related to your account. You may cancel your account at any time by contacting Customer Support.
You acknowledge and agree that the availability of the Neato App is dependent on the third party websites from which you download the Neato App, namely, the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Neato and not with an App Store. Each App Store may have its own terms and conditions to which you much agree before downloading Neato Apps from it. You agree to comply with, and your license to use the Neato Apps is conditioned upon your compliance with, such App Store terms and conditions.
You acknowledge that the availability of the Service is dependent on (i) your computer, mobile device, Wi-Fi network, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of service, and other policies of your ISP and Carrier.
Section 4: Legal Terms
All content of the Services is © 2015 Neato Robotics, Inc. or its licensors. All rights reserved.
Neato claims no compilation copyright in images or materials that are subject to the GNU Free Documentation License or similar licenses.
NEATO ROBOT and NEATO ROBOTICS and other marks that appear throughout the Services belong to Neato Robotics, Inc. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Services without express written consent.
Disclaimer of Warranties: THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH NEATO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. The WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH in the MANUFACTURER’S LIMITED WARRANTY AND THE EULA, RESPECTIVELY.
Limitation of Liability: NEITHER NEATO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEATO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NEATO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NEATO SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO NEATO FOR USE OF THE NEATO SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEATO AND YOU.
Indemnification: To the fullest extent permitted by law, you agree to indemnify and hold Neato, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of (i) your use or unauthorized copying of the Services or (ii) your violation of these Terms of Service or any applicable laws or regulations.
You agree that any dispute between you and Neato arising out of or relating to these Terms of Service, the Services, or any other Neato products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Severability. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Survival. The provisions of these Terms of Service which by their nature should survive the termination of these Terms of Service shall survive such termination.
Waiver. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Entire Agreement. These Terms of Service constitute the entire agreement between Neato and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic).
If you have any questions about these Terms, please contact Neato at:
Neato Robotics, Inc.
8100 Jarvis Avenue
Newark, California 94560