Our Terms and Conditions
Term. These Terms will remain in full force and effect so long as You continue to access or use the Services, or until terminated in accordance with these Terms. You may discontinue Your participation in and access to the Services at any time.
Termination and Suspension. WITHOUT LIMITING OTHER REMEDIES, UBIQUITI MAY (I) TERMINATE OR SUSPEND YOUR ACCESS TO OR RIGHT TO USE ALL OR PART OF THE SERVICES WITHOUT NOTICE OR (II) TERMINATE THESE TERMS WITH RESPECT TO YOU IF UBIQUITI DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT YOU HAVE VIOLATED THESE TERMS OR HAVE ENGAGED IN ANY CONDUCT THAT UBIQUITI BELIEVES IS IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION OR IS OTHERWISE HARMFUL TO THE INTERESTS OF UBIQUITI, ANY OTHER USER OR ANY THIRD PARTY. In addition to Ubiquiti’s other legal rights and remedies, any unauthorized use or copying of the software that comprises the Services or Your failure to comply with any provisions of these Terms will result in the automatic termination of these Terms without notice to You. The Agreement will also automatically terminate if You go into liquidation, suffer or make any winding up petition, make an arrangement with Your creditors, or suffer or file any similar action in any jurisdiction in consequence of debt. If You transfer a Product to a new owner, Your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use that Product or any Services under Your Account and will need to register for a separate Account with Global Marketing.
CONSEQUENCES OF TERMINATION; SURVIVABILITY. Upon termination of these Terms or Your use of the Services, (i) Your Account and Your right to use the Services will automatically terminate, and (ii) You shall immediately cease using and shall destroy the software that comprises the Services and all other items in Your possession or control that are proprietary to Global Marketing. Termination of these Terms or Your use of the Services will not affect any rights or obligations of either party accruing up to termination nor any rights or obligations which by their nature may survive termination, including, but not limited to, those set forth in Sections II(d), II(e), II(f), II(g) and V(c) and Articles III and VI-XII.
Disclaimers
The warranty for the Product is set forth in the Limited Warranty.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBIQUITI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SERVICES AND ITS FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI DOES NOT WARRANT THAT THE OPERATION, OUTPUT OR IMPLEMENTATION OF THE SERVICES WILL: (I) MEET YOUR REQUIREMENTS; (II) BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR COMPLETE; (III) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; OR (IV) THAT UBIQUITI OR ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR FIX ANY ERRORS OR THAT SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Emergency Response; High Risk Activities.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, WHETHER STANDING ALONE OR WHEN INTERFACED WITH PRODUCTS OR THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR EMERGENCY RESPONSE, AND ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. MOBILE OR OTHER NOTIFICATIONS REGARDING THE STATUS OF THE SERVICES ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL PURPOSES.
NONE OF THE SERVICES ARE DESIGNED, MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES, HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY MISSION CRITICAL ENVIRONMENT, WHERE THE USE OR FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). YOU AGREE THAT YOU WILL NOT USE THE SERVICES FOR ANY HIGH RISK ACTIVITIES.
Delays. You acknowledge and agree that the Services are intended to be accessed and used for non-time-critical information and control of Products, and are subject to sporadic interruptions and failures for a variety of reasons beyond Ubiquiti’s control, including, without limitation, Wi-Fi intermittency, service provider uptime and carrier failures. You acknowledge these limitations and agree that Global Marketing is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
Data Storage. Global Marketing is not responsible or liable for the deletion of or failure to store or process any information or other content provided by You, including any User Submissions or Feedback, or transmitted in the course of using the Services. You are solely responsible for securing and backing up such submissions.
Versions. You acknowledge and agree that the Services provided to You under these Terms may be in “beta”, “alpha” or test form, labelled as “early access” or “UI Labs” or otherwise not intended or completed for commercial use and may therefore contain errors, bugs or similar unstable characteristics not typical of commercially released items. Such characteristics may negatively affect the operation of previously installed software or equipment. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and accompanying materials. You acknowledge that the Services may be provided to You from time to time as a program participant solely for the purpose of providing Global Marketing with Feedback on the Services and the identification of defects.
Third Party Products and Services.
Certain information, products, software and services included in, sold, distributed, displayed, or transmitted with the Services or Products may comprise third party information, products, software and services (collectively, “Third Party Products and Services”).
If You use any Third Party Products and Services, You agree and acknowledge that (i) Global Marketing does not control, and has no right to control, the providers of such Third Party Products and Services (the “Third Party Provider”), (ii) the Third Party Products and Services are solely provided by the Third Party Providers and not by Global Marketing, and (iii) You will not attempt to impose any liability on or seek any legal remedy from Global Marketing with respect to the Third Party Providers or the Third Party Products and Services. Your use of the Third Party Products and Services may be subject to separate terms and conditions from the Third Party Providers. Global Marketing does not endorse any Third Party Providers or Third Party Products and Services.
If You are a Third Party Provider, You agree and acknowledge that You shall be solely responsible for any Third Party Products and Services provided by You or Your affiliates, including all obligations related to Your tax withholding, reporting, collection and remittance requirements. You represent and warrant that (i) all information relating to the Third Party Products and Services are complete, true and correct in all respects, (ii) You, Your affiliates and Your employees, agents, and contractors who may perform any work in connection with the Third Party Products and Services, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer any Third Party Products and Services, (iii) You, Your affiliates and Your employees, agents, and contractors will perform any work in connection with the Third Party Products and Services in a timely, workmanlike, and professional manner in accordance with the highest standard of Your industry, and (iv) You, Your affiliates and Your employees, agents, and contractors will not present themselves as an employee, agent or affiliate of Global Marketing. You shall comply with all applicable laws, including any data privacy laws, in connection with any information You may receive in connection with the use of the Services and Your provision of any Third Party Products and Services. You shall indemnity, defend and hold harmless Global Marketing and its officers, employees and agents from and against any loss or liability resulting from or arising out of any claim: (a) relating to the inaccuracy, untruthfulness, or breach of any representation, covenant or warranty by You, Your affiliates and Your employees, agents, and contractors; (b) relating to actual or alleged personal injury, property loss or damage caused by any act or omission by You, Your affiliates and Your employees, agents, and contractors; or (c) relating to any act or omission by You, Your affiliates and Your employees, agents, and contractors in connection with the Third Party Products and Services.