This Policy may change at any time as we improve and change our Services. We may notify you by updating the Policy’s effective date below. If there are material changes in the way we treat personal information we will place a prominent notice on this website. You should check this website frequently for updates. Prior versions of this Policy will be kept in an archive for your review and are accessible here. If you do not agree with the terms of the updated Policy, you must stop using the Services. Your continued use of the Service after any Policy changes means that you agree to the updated Policy.
SOURCES AND CATEGORIES OF INFORMATION WE COLLECT
Information You Knowingly Provide to Us
We receive and store the information you knowingly provide to us. When you register or update your account, make a purchase online, or otherwise interact with the Services, you may provide us personal information such as your name, email address, shipping and billing address, mobile, home, and work phone numbers, and credit card information. You may also provide other information that potentially could be used to identify you, such as the names and images that you associate with your locations, account users, devices, scenes, device configuration details, third-party account credentials, schedules and audio recordings.
Information We Receive from Third-Parties
Some third-party services that you choose to integrate with the Services may transmit personal information into your account with us. You authorize that such third-party information is covered under this Policy and we may use it just as we use the information we collect directly from you. This information may include, but is not limited to, account credentials, names, avatars, profile information, configuration information, images, and linked users (e.g., friends).
You may also voluntarily provide your personal information to us via third-party service providers that help us operate our Services.
Information We Collect Automatically
Some information is automatically collected as you use the Services. For example, when you connect hardware devices or third-party services to your account, those hardware devices may report usage information to the Services and the Services may read, process, and store this information for the purposes described in this policy. Such information is usually associated with the usage of the particular hardware device or third-party service, such as when a motion sensor senses motion. The Services will receive information about the device activation, as well as the information that you have chosen to associate with the device or service such as device name, group name, and location name. The type of the device or service from which information is received will change the types and quantities of information that is received.
Other information automatically collected may include your IP address, location, mobile device information, operating system, browser type, demographic information, application information, URL information such as click-through paths, identity of pages you interact with, time spent on those pages, and other information associated with how you interact with the pages and Services.
We may transfer “cookies” to your device when you interact with the Services. These cookies allow us to recognize your device and browser, and keep track of how you interact with the pages of the Services. For more information about cookies and your ability to limit or remove cookies, please see the Your Choices section below.
HOW WE USE THE PERSONAL INFORMATION
During your use of the Services, we will gather personal information from our users and will use this information in connection with the Services as follows:
To Provide Our Services and Contact You
We use personal information to deliver the basic functionality of the Services; provide functionality to certain features that you choose to use; allow you to create, modify, and view your account information; and allow you to customize, rate, and review the Services. We may use any means that you have provided us to contact you, such as the email address you use to register for and log in to your account. We may contact you in order to respond to your requests and to provide you information about your account. We may also use personal information to process claims we receive in connection with the Services.
To Market and Improve Our Services and for Other Legitimate Business Interests
We may use personal information to personalize the Services; analyze how you use the Services; and communicate promotional offers, special events, user surveys, and other marketing communications with your consent when this is required under applicable law. In certain cases as described below, we may also share some personal information with third parties for these purposes. See the Your Choices section below for information about how you can opt-out of certain communications.
To Comply with Applicable Laws and Our Policies
We use personal information to comply with our legal obligations and our policies; establish, exercise or defend a legal claim; protect against, identify and prevent fraud, criminal liability and other liabilities; and monitor and report compliance issues.
SHARING YOUR INFORMATION
Our Corporate Family
We may share the information we collect about you with our corporate family, including our affiliates and subsidiaries.
Other Entities with Your Consent
Some third-party services that you choose to integrate with the Services may receive personal information from your account. You authorize us to transmit your personal information to third parties when you choose to integrate their services with our Services. Information collected by such third-party services is subject to their own terms and policies.
Service Providers and Other Third-Parties
Your personal information may be provided to our partners for use in their promotional and/or marketing practices. This information will be anonymized so that you will not be personally identifiable by the information. We may also aggregate the anonymized information and provide it to our partners so they may use it to determine and understand how people interact with and use our Services. We will not disclose aggregated information to a partner in a manner that would identify you personally, as an individual, except as outlined below.
We may engage third-party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, advertising serving technologies, e-mail service providers, delivery services, database management, web analytics and other services). These third parties may have access to your personal information. If they do, this access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your personal information, except to the extent required by law.
Change of Control
TP-Link may elect to buy or sell assets. When buying or selling assets, customer information may be one of the assets that is transferred. Personal information may also be transferred or acquired by a third-party in the event that TP-Link is acquired, enters bankruptcy, or goes through some other change of control.
Legal and Law Enforcement
Please be advised that we may disclose information that you have provided us if we have a good faith belief that such disclosure is necessary to (a) comply with the law or legal process served on us; or (b) protect and defend the rights and property of TP-Link or others. In any event, we will disclose information only in accordance with applicable regulations.
We have implemented measures, including encryption and SSL technology, designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Your account’s privacy and security is protected by your password. In order to prevent unauthorized access to your account and personal information, you should select a strong password and protect it by limiting access to your computer, device, browser or application and by signing off after you have finished accessing your account. If you use a third-party service to sign into your account, you should protect that account accordingly as well.
While we strive to always protect the privacy of your account and personal information in our records, we cannot always guarantee it will be completely secure. The security of your personal information may be compromised by unauthorized entry, unauthorized use, hardware failure, software failure, and other factors at any time.
You can control how and when you want to receive notifications from us by following instructions within the notices (e.g., clicking on “unsubscribe” at the bottom of notification emails). You may not opt-out of administrative emails for your registered account (e.g., emails about your transactions, policy changes, forgot password and confirmation emails).
We use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Services. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies.
You may encounter tracking technologies/cookies from our third-party service providers, such as Google Analytics, that we have allowed to assist us with various aspects of our operations and Services.
On certain pages of the website you also may encounter tracking technologies from third-parties that we do not control.
For more information about HTTP cookies and how to disable them, you can consult the information at http://www.networkadvertising.org/choices/ and www.allaboutcookies.org/manage-cookies/.
ACCESSING, REVIEWING, AND CHANGING YOUR PERSONAL INFORMATION
The Services are directed to a general audience and are not intended for children under the age of 13. We do not knowingly collect personal information via our website or online services from users in this age group.
NOTICE TO CALIFORNIA RESIDENTS
Per California Civil Code Sections 1798.83-1798.84, California residents who have an established business relationship with us are entitled to ask us to identify the kinds of personal information we share with our affiliates and/or third parties for marketing purposes, and provide contact information for such affiliates and/or third parties. If you are a California resident and would like this information, please submit a written request to:
TP-Link USA Corporation, Legal Department
145 South State College Boulevard
Brea, CA 92821
You need to provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
How We Respond to Do Not Track Signals for California Residents
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how TP-Link responds to “Do Not Track” browser settings. TP-Link does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We may adopt a standard once one is created.
If your questions are not answered online, you may email us at email@example.com.
Effective Date: March 13, 2017.
The Services defined herein are provided by TP-Link Technologies Co., Ltd., located at South Building, No.5 Keyuan Road, Central Zone, Science & Technology Park, Nanshan, Shenzhen, 518057, China, its affiliates and subsidiaries. This document may refer to the service provider as “TP-Link Technologies Co., Ltd.,” “TP-Link,” “we,” “us,” or “our.”
These are the rules and restrictions that govern your use of our website(s), products, services, mobile applications, and other software (collectively, the “Services”). Please read these Terms carefully before using the Services, because they affect your legal rights and obligations (e.g., requiring arbitration and no class action relief and limiting our liability). You acknowledge and agree that, except for physical TP-Link products that you may have purchased such as routers or switches, the Services are licensed, not sold, to you.
The Services are directed to a general audience for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.
Modifications to Terms
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this website (http://www.tp-link.com). You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on this website. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
In order to use the Services, you may be required to sign up for an account. To sign up for an account, you must provide a verifiable email address and a password. It is a condition of use of the Services that all the details you provide be correct, current and complete.
We may require payment of fees for certain features of the Services. You may elect, but are not obligated, to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new charges after providing ten days prior notice to you. This notice may be delivered by email to you or by posting it on the Services. Your continued use of the features following such notification constitutes your acceptance of any change to the fees.
Changes to the Services
The Services may change over time, as we improve them. At any time, we may suspend, discontinue, limit types of use, or restrict access to all or part of the Services. Some such changes to the Services may render certain hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice.
Trademarks and Copyrights
The Services and materials incorporated by TP-Link in the Services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (collectively, “IP Rights”). Some of the IP Rights as well as characters, logos, trade dress, symbols, emblems, designs, designations, slogans, color combinations, insignias or other images incorporated by TP-Link in the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by TP-Link or others (collectively “Marks”). TP-Link respects the intellectual property rights of others and asks users of the Services to do the same.
Your Use of Material
Your right to make use of the Services and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Services for any purpose not permitted by these Terms may be a violation of the IP Rights and/or Marks protected by law and these Terms and is prohibited.
You are prohibited from using the IP Rights and/or Marks except as specifically permitted in these Terms.
Subject to these Terms, TP-Link grants you a limited, non-exclusive and non-transferable license to download, install, and use TP-Link’s mobile applications and its other software in connection with the Services for your personal, non-commercial use on a single device owned or otherwise controlled by you. You acknowledge and agree that TP-Link’s mobile applications and its other software are provided under license, and not sold, to you. You do not acquire any ownership interest in any applications or software under these Terms, or any other rights thereto other than to use such applications and software in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. TP-Link reserves and shall retain its entire right, title, and interest in and to its applications and software, including all IP Rights therein, except as expressly granted to you in these Terms.
You may access and display Material and any other content displayed on the Service only in connection with your non-commercial, personal use on personal devices (e.g., computer, tablet or mobile phone). The Material, Marks, and all other content on the Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by TP-Link. Any authorization to copy Material granted by us in any part of the Services for any reason is subject to your keeping intact all copyright and other proprietary notices. Using any Material or Marks on any other website, app or networked computer environment is prohibited. Also, modifying, translating, adapting, or otherwise creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software in connection with the Services into a readable form in order to examine the source code or construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON USER FORUMS, BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THE SERVICES (“FORUMS”) ARE NOT NECESSARILY THOSE OF TP-LINK, ITS SUBSIDIARIES, AFFILIATED COMPANIES, PARENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, “THE TP-LINK GROUP”). THE TP-LINK GROUP DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF TP-LINK GROUP. THE TP-LINK GROUP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN THE TP-LINK GROUP’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT BELOW.
Submissions, Postings and Emails
TP-Link is interested in hearing from you regarding your questions or comments about our Services. However, the TP-Link Group does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of the TP-Link Group.
From time to time, areas on the Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Services to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL.
Our Use of Content
TP-Link will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on the Services, in which event those Additional Terms will determine how we will treat your Invited Submissions. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.
Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our Services’ features, other users may be able to request email notifications of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular users. By posting or uploading any content to the Services (including posts, responses) and/or providing any communication or material to TP-Link (collectively, “User Content”), you automatically and irrevocably:
- Grant and assign to TP-Link a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by TP-Link and/or by any person authorized by TP-Link, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
- Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
- Appoint TP-Link as your agent with full power to enter into any document and/or do any act TP-Link may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
- Warrant that you have the rights to and are the owner of the User Content and entitled to enter into these Terms;
- Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person, and that TP-Link shall not be liable for any use or disclosure of such User Content.
Claims of Infringement
If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the below identified Copyright Agent at the address listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Ginny Tong, Legal Department
TP-Link USA Corporation
145 South State College Boulevard
Brea, CA 92821
This shall confirm that TP-Link seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
Restrictions on Use
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions. You may not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else;
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your account or anyone else's;
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;
- Sends, creates, or replies to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in “spamming” (i.e., unsolicited emailing for business or other purposes);
- “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Copies or stores any significant portion of the content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services; or
- Undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.
You accept that TP-Link is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to the Services. We encourage you to be aware of such agreements when you connect third-party services to the Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party websites, applications, or services that you may be exposed to when you interact with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content in the event that you stop using the Services. You understand and agree that we may retain copies of such User Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important User Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of TP-Link.
Product Specifications, Pricing, Typographical Errors
We do our best to describe every product or service offered on the Services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, TP-Link shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from TP-Link is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Any usernames and passwords used for the Services are for individual use only. You shall be responsible for the security of your username and password (if any). TP-Link shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that TP-Link considers insecure, TP-Link will be entitled to require your username or password to be changed and/or terminate your account.
Violation of Security Systems
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, disabling code, virus, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TP-Link reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
TP-Link reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. TP-Link may seek to gather information from the user who is suspected of violating these Terms and from any other user. TP-Link may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If TP-Link believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. TP-Link will fully cooperate with any law enforcement authorities or court order requesting or directing TP-Link to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE TP-LINK GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE TP-LINK GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE TP-LINK GROUP OR LAW ENFORCEMENT AUTHORITIES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS PROVIDED BY THE WARRANTIES THAT MAY ACCOMPANY CERTAIN TP-LINK PRODUCTS, THE SERVICES AND ALL THE MATERIALS, INFORMATION, WEBSITES, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT RELATED TO THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TP-LINK GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE TP-LINK GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TP-LINK GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ABILITY TO MEET YOUR REQUIREMENTS OR OTHERWISE. THE TP-LINK GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE TP-LINK GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW .
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TP-LINK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TP-LINK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Risk of Loss; Insurance
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES, AND EXPENSES ARISING OUT OF SUCH USE. TP-LINK IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE, OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES, OR ANY OTHER FORM OF LOSS, DAMAGE, OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
TP-Link is or may be the seller of various goods and services available on the Services. All items purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon TP-Link’s delivery to the carrier.
You agree to indemnify and hold the TP-Link Group harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), (b) your violation of these Terms, and (c) your intentional infringement of third-party intellectual property rights. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Choice of Law; Arbitration
To the fullest extent permissible by law, with the exception of disputes pertaining to TP-Links’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and TP-Link arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to TP-Link. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, TP-Link shall pay the costs and fees of JAMS and the arbitrator. TP-Link agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
All non-arbitrable disputes in connection with these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, and the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California.
Reservation of Rights
TP-Link reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use.
TP-Link makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
U.S. Government Rights
The TP-Link’s mobile application and other software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
The Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TP-Link, and you acknowledge that (whether or not such sites are affiliated in any way with TP-Link) the TP-Link Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by TP-Link Group or any association with its operators.
TP-Link cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from TP-Link since the third-party sites are owned and operated by independent retailers. TP-Link does not endorse any of the merchandise purchased from any third-party site, nor has TP-Link taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. TP-Link does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
TP-Link may from time to time in its sole discretion develop and provide updates to its Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, if any, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: a) the Services will automatically download and install all available Updates; or b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
You may not assign, delegate, or transfer these Terms, this Agreement or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TP-Link’s prior written consent. We may transfer, assign, or delegate these Terms, this Agreement and our rights and obligations without consent.
Additional Terms and Conditions
The following additional terms apply to our applications available via the Apple, Inc. (“Apple”) App Store (the “Apple Application”):
- The Apple Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;
- Both you and TP-Link acknowledge that the Terms are concluded between you and TP-Link only, and not with Apple, and that Apple is not responsible for the Apple Application or the content;
- You will only use the Apple Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
- In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application.
- You acknowledge and agree that TP-Link, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Apple Application;
- You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third-party’s intellectual property rights, TP-Link, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and TP-Link acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and TP-Link acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
The following additional terms apply to our applications available via the Google Inc. (“Google”) Google Play store (the “Android Application”):
- You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Android Application;
- In the event of any failure of the Android Application to conform to any applicable warranty, including those implied by law, you acknowledge that Google has no warranty obligation whatsoever with respect to the Android Application;
- You acknowledge and agree that TP-Link, and not Google, is responsible for addressing any claims you or any third-party may have in relation to the Android Application and that Google will not be liable to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Android Application.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents who use the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
How to Contact Us
Please forward any comments or complaints about the Services to firstname.lastname@example.org.
Effective Date February 14, 2017.