AGREEMENT BETWEEN USER AND ARSTEMLABS.COM - AR STEM LABS INC.
Welcome to arstemlabs.com. The arstemlabs.com website (the "Site") is comprised of various web pages operated by AR STEM LABS Inc. ("AR STEM LABS"). arstemlabs.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of arstemlabs.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Arstemlabs.com is an E-Commerce Site, and we sell STEM Education learning products for home and school use.
PRIVACY
Your use of arstemlabs.com, products and software apps made by the company are subject to AR STEM LABS's Privacy Policy and Terms of Use. Please review our Privacy Policy, which also governs the Site, Mobile Apps and Products and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting arstemlabs.com or sending emails to AR STEM LABS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER 13
AR STEM LABS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use arstemlabs.com only with permission of a parent or guardian.
CANCELLATION/REFUND POLICY
14 DAY RETURN POLICY: If you are not satisfied with your purchase of the Physical Product, AR STEM LABS return policy allows you to return the Product purchased by you directly from AR STEM LABS after obtaining a AR STEM LABS return material authorization (“RMA”) during the 14 day period following date of shipment by AR STEM LABS. If the Product is returned unused, undamaged, in its original condition, and in the original packaging in accordance with this policy, we will exchange it or offer a refund of the purchase price paid, which refund will be made by crediting the account used to make the original purchase. The RMA may be obtained by contacting support@arstemlabs.com. The Product must be received by AR STEM LABS within 7 days after issuance of the RMA.
All Products must be packed in the original, unopened and unmarked packaging including any accessories, manuals, documentation, and registration that shipped with the Product. A $15.00 open box fee will be assessed on any opened hardware or accessory, and damage and missing part restocking fees may apply. The RMA number must be included with the returned Product.
Shipping and handling charges, gift wrap fees, and taxes paid (e.g., state, customs, VAT) are not refundable. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to AR STEM LABS. If you return Product to AR STEM LABS (a) without a RMA from AR STEM LABS, (b) beyond the 7 day RMA issuance period, or (c) without proper packaging, AR STEM LABS retains the right to either refuse delivery of such return or charge you a restocking fee. The time to credit your account may vary, depending on processing time. Please allow a minimum of 21 days for AR STEM LABS to credit the account used to make the original purchase.
LINKS TO THIRD PARTY SERVICES/THIRD PARTY SITES
arstemlabs.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of AR STEM LABS and AR STEM LABS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AR STEM LABS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AR STEM LABS of the site or any association with its operators.
Certain services made available via arstemlabs.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the arstemlabs.com domain, you hereby acknowledge and consent that AR STEM LABS may share such information and data with any third party with whom AR STEM LABS has a contractual relationship to provide the requested product, service or functionality on behalf of arstemlabs.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
AR STEM LABS mobile applications in conjunction with the physical products sold are authorized for use by one customer and two devices - for customers who purchase a physical product. If (you) a paid customer changes devices, you may reach out to support@arstemlabs.com to have your username/email updated in the mobile application for the new use or addition of devices.
You are granted a non-exclusive, non-transferable, revocable license to access and use arstemlabs.com and its applications strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AR STEM LABS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as apps, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AR STEM LABS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AR STEM LABS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AR STEM LABS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AR STEM LABS or our licensors except as expressly authorized by these Terms.
AR STEM LABS mobile applications in conjunction with the physical products are authorized and designed for use for one customer and two devices, who purchases the physical a physical product. If a customer changes devices, you may reach out to support@arstemlabs.com to have your username/email updated for the new use of mobile applications for new devices.
INTERNATIONAL USERS
The Service is controlled, operated and administered by AR STEM LABS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AR STEM LABS Content accessed through arstemlabs.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AR STEM LABS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AR STEM LABS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AR STEM LABS in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AR STEM LABS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AR STEM LABS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AR STEM LABS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AR STEM LABS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AR STEM LABS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
AR STEM LABS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AR STEM LABS as a result of this agreement or use of the Site. AR STEM LABS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AR STEM LABS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AR STEM LABS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AR STEM LABS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AR STEM LABS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
AR STEM LABS reserves the right, in its sole discretion, to change the Terms under which arstemlabs.com is offered. The most current version of the Terms will supersede all previous versions. AR STEM LABS encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
AR STEM LABS welcomes your questions or comments regarding the Terms of Use.
AR STEM LABS Inc.
One Alhambra Plaza, Floor PH
Coral Gables, Florida 33134
Email: support@arstemlabs.com
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Updated January 11, 2021