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Terms and Conditions

These Terms and Conditions of Use ("Agreement") is a legal agreement between you on the one hand, and Tomofun, LLC ("Tomofun"), the owner, operator and developer of Furbo.com, on the other hand. By accessing, using, or registering for any service provided on Furbo.com you become a customer ("Customer") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement.


IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR ANY SERVICE ON FURBO.COM.


Your visit to Furbo.com is also governed by its Privacy Policy. Please review the Privacy Policy at https://shopus.furbo.com/pages/terms-and-conditions.

  1. Limitations of Liability.

By accessing Furbo.com or using any services provided by Furbo.com, you agree that in no event will Furbo.com, Tomofun, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Furbo.com or Tomofun shall be a return of any fees paid to Furbo.com or Tomofun for any services provided under this Agreement.

  1. Indemnification.

You agree to indemnify, defend and hold harmless Furbo.com, Tomofun, its and their officers, employees, agents, affiliates, licensees and web hosting services and third

parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Furbo.com, and including any breach by you of the Terms contained in this Agreement.

  1. Responsibility for Use of Website.

You understand and agree that you are solely responsible for your use of any information contained on the website, and for your actions by virtue of any

services provided on Furbo.com.

  1. Do Not Rely on Furbo.com.

Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Furbo.com or Tomofun. Furbo.com and Tomofun do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

  1. Confidentiality.

It is agreed that all personal information given to Furbo.com or Tomofun, will be kept confidential by Furbo.com and Tomofun, with the following exceptions: (1) Furbo.com and Tomofun reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing furbo.com to disclose the identity or release the information of a customer. (2) Furbo.om and Tomofun reserve the right to release a Customer’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the right, property or safety of our customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold Furbo.com and Tomofun harmless from any claims resulting from any action taken by Tomofun during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Tomofun or law enforcement authorities.

  1. Ownership, Copyrights, Trademarks, Licenses.

Furbo.com and Tomofun own and retain all proprietary rights to the Furbo.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Furbo.com and Tomofun. By posting information to Furbo.com and Tomofun you represent that you have the right to grant permission for use by Furbo.com and Tomofun.

  1. No Warranties.

Furbo.com and Tomofun provide the services on Furbo.com on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Furbo.com and Tomofun do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

  1. Jurisdiction.

This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the Superior Court of California, County of Los Angeles, and you hereby consent to the jurisdiction of any such court.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. Severability.

If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

  1. Certification.

If you register for any service provided by Furbo.com, you certify that you are at least 18 years of age and that your answers to the registration materials on Furbo.com are truthful.

  1. Entire Agreement.

This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you on the one hand, and Furbo.com and Tomofun on the other hand, with respect to Furbo.com and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use Furbo.com services or enter sweepstakes on Furbo.com. Tomofun may revise these Terms and Conditions of Use at any time. Your continued access and use of Furbo.com after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

  1. Waiver.

The failure of Furbo.com or Tomofun to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Furbo.com or Tomofun must be in writing and signed by an authorized representative of Tomofun.

Furbo App Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Furbo mobile application (the "Service") provided by Tomofun, LLC ("us", "we", or "our").  By accessing, installing or using our Service, you certify that you are of the legal age of majority in the jurisdiction in which you reside, and you agree to be bound by the Terms.

The Terms will govern any and all upgrades and updates to the Service, which we may make available at our discretion at any time, unless such upgrades or updates are accompanied by a separate agreement in which case you agree that the new or additional terms of the separate agreement will govern such upgrades or updates.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the Service.

If you do not agree with any of the Terms, you may not use, install or access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of Purchases or providing relevant services to you.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules  shall apply.

Content

Our Service allows you to create, share and otherwise make available certain information, graphics, videos, or other material ("Content"). You are responsible for the Content that you create or share on and through the Service, including its legality, reliability, and appropriateness.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tomofun, LLC and its licensors (“Tomofun’s Intellectual Property”). Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tomofun, LLC.  

Under the Terms, You may not:  (i) transfer or sublicense Tomofun’s Intellectual Property to another person or entity; (ii) rent, lease, loan, auction, or resell Tomofun’s Intellectual Property; (iii) modify, adapt, translate, or create derivative works of Tomofun’s Intellectual Property; (iv) reverse engineer, de-compile, or disassemble Tomofun’s Intellectual Property in whole or in part, or otherwise attempt to reconstruct or discover the source or object code or underlying ideas, algorithms, file formats, programming or interoperability interfaces.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Tomofun, LLC.

Tomofun, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tomofun, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Tomofun, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

The Service is intended to be accessed and used for non-time-critical information and non-emergency purposes through control of the Furbo Dog Camera. Furthermore, you agree that you shall not access or use the Service for any critical, life safety or home security purposes. Our Service is provided on an "AS IS" and "AS AVAILABLE" basis.  We do not guarantee any service uptime, degree of accuracy, or level of reliability.

Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Tomofun, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California in the United States without regard to its conflict of law provisions. All controversies and disputes arising out of or relating to these Terms shall be must be settled by binding arbitration in the State of California of the United States. The parties consent to the exclusive venue in and jurisdiction of the State of California in the United States.

Severability Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to revise these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the revised terms, you may not use the Service.

Contact Us

If you have any question about these Terms, please contact us at support@furbo.com.

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