PLEASE READ THESE TERMS CAREFULLY THIS IS A BINDING LEGAL AGREEMENT.
1. INTRODUCTION This agreement ("Terms of Use") between you ("User" or "you") and SATUR-Appliances, (collectively "SATUR,""we," or "us") governs your access to and use of the website available at https://satur-appliances.com/ and any websites made available by SATUR to which these Terms of Use are linked (collectively, the "Website") and the content and services enabled by or through the Website and the App (collectively the "Online Services"). These Terms of Use do not apply to any other SATUR products or services.
By browsing the Website, making a purchase through the Store (defined below), or otherwise using any Online Services, you represent that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with SATUR, and (3) you have the authority to enter into these Terms of Use.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE APP.
PLEASE BE AWARE THAT THE TERMS OF USE CONTAINS PROVISIONS OBLIGATING YOU AND LG TO RESOLVE DISPUTES THAT ARISE BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE, THROUGH BINDING AND FINAL ARBITRATION. SECTION 19 CONTAINS AN ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU MAY NOT BE A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR PROCEEDING AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
PLEASE ALSO BE AWARE THAT SECTION 4 (LG COMMUNICATIONS) BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATIONS. IN SECTION 4 YOU WILL ALSO FIND OUT HOW TO OPT OUT OF THESE COMMUNICATIONS.
Please note that your use of, and participation in, certain Online Services may be subject to additional terms ("Supplemental Terms"). The Supplemental Terms are incorporated into these Terms of Use and if the Terms of Use are inconsistent with any Supplemental Terms, the Supplemental Terms will take precedence.
We reserve the right to change the Terms of Use from time to time in our sole discretion. When we do, we will revise the “last updated” date at the top of these Terms of Use. If material changes are made to the Terms of Use, we may also notify you by placing a prominent notice on the Website or App or via email at the email address we have on file for you. By continuing to use the Online Services, you have accepted the change(s) so we encourage you to periodically review the Terms of Use to stay aware of any changes to your and SATUR’s rights and obligations. 2. OUR ONLINE SERVICES. Described below are features of the Online Services that may be available to you. Additional features may be available now or in the future. Please note, however, that SATUR cannot promise and does not warrant that existing or future capabilities will be or will remain available or that availability of all features will be the same in every region.
a. The Store. You may be able to use certain areas of the Website and the App (collectively, the "Store") to browse, purchase, and pay for certain physical products manufactured or otherwise made available by SATUR ("Products") or services provided by SATUR, an SATUR affiliate or partner, or a third party ("Services").
b. Interaction with SATUR and SATUR Products. You may be able to use the Online Services to interact and communicate with SATUR. You may also be able to use the App to operate, monitor, and otherwise interact with certain Product(s). Certain Supplemental Terms may be applicable to the Products accessed through the App enabled by or through the App.
3. LICENSE GRANT. The Website, the Store, the App, and the information and Content (as defined below) available on the Website and in the App are protected by copyright laws throughout the world.
a. License to Online Services. Subject to your ongoing compliance with the Terms of Use, SATUR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Online Services.
b. License to the App. Subject to your compliance with the Terms of Use, SATUR grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a reasonable number of copies of the App on mobile devices or computers that you own or control and to run such copy or copies of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
c. Updates. You understand that the Online Services are evolving. As a result, SATUR may require you to accept updates to any Online Services that you have installed on your computer or mobile device. You acknowledge and agree that SATUR may update the Online Services with or without notifying you. You may need to update third-party software from time to time in order to use certain Online Services.
d. Certain Restrictions. The license rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Online Services or any portion of the Online Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout or form) of SATUR or a third party; (c) you shall not use any metatags or other “hidden text” using SATUR’s or a third party’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Online Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Online Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Online Services. Any future release, update or other addition to the Online Services will be subject to the Terms of Use. SATUR, its affiliates, partners, suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of any Online Services terminates the licenses granted by SATUR pursuant to the Terms of Use.
e. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Online Services, such as a mobile device in the case of the App. You are solely responsible for any fees incurred in the use of the Online Services.
4. COMMUNICATIONS FROM SATUR. By Using the Online Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your SATUR Account or the use of the Online Services, updates concerning new and existing features on the Online Services, communications concerning promotions run by us or our third-party partners, and news concerning SATUR and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.
5. TERMS OF PURCHASE. Any purchases made by you through the Online Services are governed by our then-current Terms of Purchase. If you disagree with any applicable portion of the Terms of Purchase, you may not purchase the applicable Product or Service through the Online Services. 6. INTELLECTUAL PROPERTY RIGHTS. You agree that you have no rights, title or interests in the Online Services, including but not limited to, any information graphics, logos, text, editorials, reviews, computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, and software (collectively, "Content"). You may have limited rights, title or interests to your User Content (defined below). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Online Services. Neither you nor anyone acting on your behalf acquire any intellectual property rights or other proprietary rights (including patents, designs, trademarks, copyrights or trade secrets) relating to the Online Services or any Product or Service except as expressly set forth in a written agreement between you and SATUR. 7. USER CONTENT. a. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to SATUR through its suggestion, feedback, reviews, or similar pages ("Feedback") is at your own risk and that SATUR has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to SATUR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of the Services and/or SATUR’s business.
b. User Content. By sending, posting or transmitting any information to SATUR or through the Online Services ("User Content") you grant SATUR and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, and otherwise exploit the User Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you, subject to applicable law. All User Content is deemed non-confidential and non-proprietary. Any User Content that you choose to post on the Website, including reviews of Products or Services, may be visible to the public. Please do not post User Content you do not want visible to the public on the Website.
c. Responsibility for User Content. You are responsible for the content of the User Content. SATUR has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any User Content, including consumer reviews. You acknowledge that SATUR has no obligation to pre-screen User Content, including without limitation any consumer reviews, and SATUR takes no responsibility and assumes no liability for any information posted by you or any third party nor for your or any third party’s reliance on any User Content. SATUR strongly encourages you not to disclose any personal information in public areas of the Website. By sending, posting or transmitting any User Content, you represent and warrant that:
• You own or otherwise control all of the rights to the User Content, including without limitation all copyrights and trademarks;
• The User Content is true and accurate;
• The User Content does not violate or infringe the rights of any other person or entity, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights; and
• The User Content complies with applicable laws, rules and regulations.
d. No Responsibility to Backup or Maintain User Content. SATUR is not responsible to backup or maintain User Content and is not responsible for any damage or loss of data or other User Content for any reason, including the implementation of measures by SATUR in accordance with these Terms of Use, such as restriction of User’s use of the Online Services or termination of your SATUR Account. User is responsible to create backups of User Content.
e. No Obligation to Pre-Screen Content and User Content. You acknowledge that SATUR has no obligation to pre-screen Content or User Content. However, SATUR reserves the right in its sole discretion to pre-screen, refuse, or remove any Content or User Content. By entering into the Terms of Use, you hereby provide your irrevocable consent to SATUR monitoring User Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation in-app chat, text, or voice communications. In the event that SATUR pre-screens, refuses, or removes any Content or User Content, you acknowledge that SATUR will do so for SATUR’s benefit, not yours. 9. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe your copyright-protected materials or other intellectual property have been posted on any of SATUR Electronics’ websites without your authorization, please review our policies as available on the SATUR copyright notice page. 8. THIRD-PARTY SERVICES. a. Third-party Services. We collaborate with global business partners to provide useful contents via the Online Services. The Online Services may include Content (e.g., information, links, and advertisements), products, services, apps, and other materials provided by a third party (each, a "Third-party Service"). When you click on a link to a Third-Party Service, we will not warn you that you have left the Online Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Third-party Services are not under the control of SATUR. SATUR is not responsible for any Third-party Services; provides these Third-Party Services only as a convenience; and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Online Services, the Terms of Use and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
b. Third-party Ads. SATUR reserves the right to display advertisements for third parties ("Third-party Ads") on the Online Services, including targeted advertisements, which may be served or provided based on certain Users’ preferences. The Services may include advertisements and marketing information provided by us or a third party, and for those advertisements and marketing information provided by third-party advertisers, we are unable to control the usefulness, accuracy, or completeness of such information. You hereby agree that we are not responsible for any liability arising out of communications or transactions between you and third-party advertisers, including any damage that may arise out of any reliance by you on such advertisements. You acknowledge and agree that SATUR has no obligation to you in connection with Third-Party Ads (including, without limitation, any obligation to share revenue received by LG as a result of such advertising). 9. RELEASE. You hereby release SATUR and its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Company Party" and collectively, the "Company Parties") and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Online Services, including but not limited to, any interactions with or conduct of other Users or Third-party Services or websites of any kind arising in connection with or as a result of the Terms of Use or your use of any Online Services or purchase of any Product or Service. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR RULE IN YOUR JURISDICTION, WHICH STATES IN SUBSTANCE, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for a Company Party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Online Services. 10. COMPLAINTS. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 11. ENFORCEMENT. If SATUR becomes aware of any possible violations by you of the Terms of Use, SATUR reserves the right to investigate such violations. If, as a result of the investigation, SATUR believes that criminal activity has occurred, SATUR reserves the right to refer the matter to, and cooperate with, any legal authority. SATUR is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Online Services, including your User Content, in SATUR’s possession, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms of Use, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of SATUR, its Users or the public, and all enforcement or other government officials, as SATUR in its sole discretion believes to be necessary or appropriate. Please see Online Services Privacy Policy (https://www.satur-applainces.com/privacy) for additional information. 12. INDEMNIFICATION. You agree to indemnify and hold Company Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any Online Service; (c) your violation of the Terms of Use; (d) your violation of any rights of another party, including any other Users; or (e) your violation of any applicable laws, rules or regulations. SATUR 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 LG in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Online Services. You agree that the provisions in this section will survive any termination of your LG Account, the Terms of Use and/or your access to the Online Services. 13. WARRANTY AND DISCLAIMERS. a. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK, AND THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE ONLINE SERVICES OR ANY PRODUCTS OR SERVICES ENABLED THEREBY. This section does not affect in any way our return policy or limited warranty for Products purchased by you.
b. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
c. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ONLINE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM, MOBILE DEVICE, AND ANY OTHER DEVICE YOU USE TO ACCESS THE ONLINE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
d. THE ONLINE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO ANY ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF ONLINE SERVICES.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LG OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
f. FROM TIME TO TIME, LG MAY OFFER NEW “BETA” FEATURES OR SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR SERVICES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LG’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
g. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR SERVICES SUCH AS LG’S PAYMENT PROCESSOR(S), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
h. YOU UNDERSTAND AND AGREE THAT WHEN YOU PURCHASE A PRODUCT OR SERVICE, YOU ARE NOT PURCHASING THE APP. THE APP IS A SERVICE THAT WE PROVIDE FREE OF CHARGE, AND WITHOUT WARRANTY OF ANY KIND. 14. LIMITATION OF LIABILITY. a. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT LG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, THE ONLINE SERVICES, OR ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF THE ONLINE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE ANY ONLINE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ONLINE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE SERVICES (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY REVIEWS); OR (e) ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
b. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO LG BY YOU IN THE TRANSACTION OR INCIDENT GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
c. Exclusion of Damages. Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens’ advice bureau or equivalent.
d. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SATUR AND YOU. 15. TERM, TERMINATION, AND SURVIVAL. a. Term. The term of this agreement (the Terms of Use) commences on the earlier to occur of (a) the date you first used the Online Services or (b) the date you otherwise accepted the Terms of Use, and will remain in full force and effect while you use any Online Services, unless earlier terminated in accordance with the Terms of Use.
b. Termination of Services by SATUR. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms of Use, or if Company is required to do so by law (e.g., where the provision of the Website, the App, or software is, or becomes, unlawful), LG has the right in its sole discretion to immediately, and without notice, suspend or terminate the Online Services. You agree that SATUR will not be liable to you or any third party for any termination of your SATUR Account.
c. Termination of Services by You. If you want to terminate the Services provided by SATUR, you may do so by terminate the specific Services or by closing your SATUR Account for all of the Online Services that you use. You may terminate any Services associated with your SATUR Account, distinct from the termination of the SATUR Account itself. Termination of a specific Service will only result in the cessation of that Service, and the SATUR Account remains in effect unless all of the Services are terminated. ANY SUBSCRIPTIONS WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION.
d. Effect of Termination. Upon termination of any Online Service, your right to use such Service will automatically terminate immediately. Termination of all Services may also include deletion of your password and some or all related information, files and Content and/or User Content associated with or inside your SATUR Account. SATUR will not have any liability whatsoever to you for any suspension or termination of your access to the Online Services.
e. Suvival. Certain provisions of the Terms of Use will survive termination, including: Sections 4 (COMMUNICATIONS FROM SATUR, i.e. opt-in consent to communications subject to your right to opt-out), 5 (TERMS OF PURCHASE), 6 (INTELLECTUAL PROPERTY RIGHTS), 7 (USER CONTENT), 8 (THIRD-PARTY SERVICES), 9 (RELEASE), 10 (ENFORCEMENT), 11 (INDEMNIFICATION), 13 (WARRANTY AND DISCLAIMERS), 14 (LIMITATION OF LIABILITY), 15 (TERM, TERMINATION, AND SURVIVAL) 19 (DISPUTE RESOLUTION) (i.e. binding arbitration), and 20 (APPS DOWNLOADED FROM THIRD-PARTY APP STORES). 16. INTERNATIONAL USERS. The Online Services can be accessed from countries around the world and may contain references to Services, Products and Content that are not available in your country. These references do not imply that SATUR intends to announce such Services, Products or Content in your country. The Online Services are controlled and offered by SATUR from its facilities in the United States of America (the “US”) and are only intended for users in the US. SATUR makes no representations that the Services are appropriate or available for use in other locations, and if you access or use any Online Services from other countries you do so at your own volition and are responsible for compliance with local law.
16. CONTACTING SATUR. Should you have any issues or questions regarding the Online Services, please contact us below.
SATUR
To report a problem on the Store, email us at info@satur-appliances.com, or call us at 312-978-5524.
