Maven | Terms of Service
“YOU” AND “YOUR” REFER TO THE PERSON ACCESSING OR USING THE SERVICES, OR IF YOU CREATE AN ACCOUNT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDES YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, AND (III) YOU AGREE TO THIS AGREEMENT ON THE ENTITY’S BEHALF.
In order to use the Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) when due, and create an account (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Maven will not be liable for any loss or damage arising from your failure to comply with this Section.
If you are under 13, or 16 where applicable, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. If you believe that a child under 13, or 16 where applicable, may have provided us Personal Data, please contact us at email@example.com.
4. USE OF THE SERVICES
Maven software, text, graphics, images, video, audio, data and other material are made available to you through the Services (collectively referred to as the “Content”). Subject to this Agreement and your Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services and (ii) use the Maven software embedded within the Pet Health Tracker (the “Tracker”), in each case solely for purposes of using the Services.
Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by intellectual property rights, including copyright under both United States and other laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content, and you may not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of this Agreement, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you, are not an endorsement by us of the content on such External Services and may be subject to separate legal terms and conditions between you and third parties. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by Maven. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (iii) use of web scraping, web harvesting, or web data extraction methods from Maven even if the Account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of this Agreement.
Unless otherwise prohibited by law, and without prejudice to Maven’s other rights or remedies, Maven shall have the right to immediately terminate (i) your Membership if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of this Agreement, we will provide you with a pro rata refund of any Membership Fee paid by you in advance reflecting the period where you did not benefit from the terminated Services as a result of such termination.
You must maintain an active Membership to continue using the Services. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.
If you have obtained a free Membership, Maven reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice. Unless modified or discontinued by Maven in its sole discretion, your free Membership shall continue until the end of the applicable free Membership period, or until you cancel or upgrade to a paid Membership.
Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services. Your Membership will begin once you connect your Pet Health Tracker, or twenty (20) days after shipment of your Tracker, whichever is soonest. In the case of a monthly Membership, you authorize Maven to charge your credit card after each one (1) month pre-paid period ends and, subject to our Return Policy and limited product warranty below, you may only cancel your monthly Membership after your initial commitment period of six (6) months or twelve (12) months, as applicable, ends. In the case of six (6), twelve (12), eighteen (18), and twenty-four (24) month Memberships, the initial non-refundable (subject to the terms found in our Return Policy and limited product warranty below) Membership Fee covers the first six (6), twelve (12), eighteen (18), or twenty-four (24) months of your Membership (“Initial Membership Fee”), respectively. The Initial Membership Fee also covers the cost of your Tracker, and you will retain ownership of your Tracker after you stop or cancel your Membership and after payment of the Initial Membership Fee.
If any Membership Fees that are due are outstanding for a period of three (3) days or more, your Account will go into an inactive state. In this inactive state, you will be unable to upload data from your Tracker. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your Tracker.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content, as defined below, will no longer be available to you through the Services.
You shall receive the support and maintenance, if any, as set forth in Mavens’s FAQs or as provided with your Subscription.
7. USER CONTENT
The Services may include functionality to permit the submission of your Content, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available, any information collected by the Pet Health Tracker. You understand that Maven does not guarantee any confidentiality with respect to User Content that you submit and make available to others.
You shall be solely responsible for User Content you submit or allow to be collected and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, prepare derivative works of, modify, display, perform, publish and otherwise commercially exploit all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content with social media platforms (i.e., posting User Content to Twitter or Facebook if enabled in your Account’s sharing settings) with our business partners and licensees for informational and analytical purposes.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
8. PAYMENT OF FEES
- a. You agree to pay (i) the Membership Fees as described in this Agreement and during the purchase and payment process; and (ii) the non-refundable Initial Membership Fee (as described above). Any payment terms presented to you in the process of obtaining your Membership are deemed part of this Agreement and are incorporated herein by reference.
- Billing. We may collect payments from you directly or we may use a third-party payment processor ( “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Membership. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Membership, you agree to pay us, either directly or through a Payment Processor, all Membership Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
- Payment Method.The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing.The Membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Membership Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, ANNUALLY, OR EVERY TWELVE MONTHS, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS AT [insert link]
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS AT [insert link]. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS SET FORTH ABOVE.
- Auto-Renewal. The Membership will be automatically extended for successive monthly renewal periods in the event you have purchased a monthly Membership or successive twelve (12) month periods in the event you have purchased a twelve (12) or eighteen (18) month Membership at the then-current non-promotional rate. In the case of a twelve (12) or eighteen (18) month Membership we will notify you by email at least thirty (30) days prior to such automatic extension taking effect. To change or terminate your Membership, go to Account settings at [insert link]. If you terminate your Membership, you may continue to use your Membership until the end of your then-current term and your Membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Membership before the end of the then-current term. Your Membership cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Maven will not refund any amounts that you have already paid.
- Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your User Content, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iv) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. DISCLAIMER OF WARRANTY
EXCEPT AS STATED IN SECTION 16, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT) OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOUR USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WHOOP STRAP, THE BATTERY PACK, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE A USER FROM NEW JERSEY, SECTION 10 (DISCLAIMER OF WARRANTY) AND SECTION 11 LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.
12. CHANGES TO SERVICES
The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement will inure to the benefit of our successors and permitted assigns.
- Governing Law; Venue. This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Newark in the State of Delaware.
- Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
- Headings. The section headings are provided merely for convenience and shall not be given any legal import.
- Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.
- Third Party Distribution Channels. Maven offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
- Maven and you acknowledge that this Agreement is concluded between Maven and you only, and not with Apple Inc. (“Apple”), and that as between Maven and Apple, Maven, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Maven’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Maven and you acknowledge that Maven, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Maven and Apple, Maven, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Maven at the e-mail address, phone number or mailing address set forth in Section 15 of this Agreement.
Maven and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
If you have any questions regarding the Services, please contact Maven via e-mail at firstname.lastname@example.org or call +1 302-318-1300. Our mailing address is Maven Pet, Inc., 200 Continental Dr Ste 401, Newark, DE 19713.
16. RETURN POLICY AND LIMITED PRODUCT WARRANTY
Only products purchased from Maven or Maven authorized resellers are covered by the return policy and limited warranty. Products purchased from unauthorized resellers and used products cannot be returned to Maven and are not covered by the limited product warranty.
Maven will not accept any returns of products and will not provide any exchanges or refunds of products except in strict compliance with this return policy and limited product warranty, including the terms of no-questions-asked returns and warranty returns.
Types of returns
Returns of a Product by you to Maven may be either (a) No-Questions-Asked Returns (defined below), or (b) Warranty Returns (defined below) but cannot be both. Maven reserves the right to treat a return of a Product as either a No-Questions-Asked Return or a Warranty Return in its sole discretion based on the Product’s condition upon receipt thereof. Maven will reject any return of a Product that is not either a No-Questions-Asked Return or a Warranty Return and reserves the right to return such Product to you in its sole discretion.
You may return any Product to Maven for any reason whatsoever regardless of the Product’s condition (a “No-Questions-Asked Return”) within thirty (30) days from the date the item is received (the “No-Questions-Asked Return Period”) if all of the following occurs:
- a return authorization request is received by Maven Support Team indicating that the return is a No-Questions-Asked Return at email@example.com (for feedback, we would greatly appreciate if you could provide us the reason, although you don’t have to);
- the Product is returned to Maven with all of its original packaging unopened and with its shrinkwrap intact and using the prepaid return shipping label emailed to you;
- a Return Merchandise Authorization (RMA) is provided by email, in PDF format, which must be printed and included with the return Products;
- the Product has not been used in any way;
- Maven must receive the return items within fourteen (14) days after the RMA number has been issued. An assigned RMA number will expire on the 15th day after the date of issuance, at which time any returned Product will be refused;
- the Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
- such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the Product within the No-Questions-Asked Return Period.
For valid No-Questions-Asked Returns, Maven will refund the purchase price for the Product. However, Maven retains the right to refuse acceptance of any return or charge you a restocking fee of 15% of the original price or the retail value of missing part and accessories, whichever is higher, in the following cases:
- return without the shipping label and RMA provided by Maven;
- return of the Products without all parts and accessories originally included in your purchase.
Maven will not accept any Product for a No-Questions-Asked Return beyond the No-Questions-Asked Return Period or that does not otherwise comply with the above terms. Naven reserves the right to return a Product to you in its sole discretion for any No-Questions-Asked Return that does not comply with the above terms.
By your shipment of a Product to Maven for a No-Questions-Asked Return, you agree that Maven may contact you if necessary to obtain further information regarding the Product.
Maven warrants to the original purchaser that Products shall be free from defects in materials and workmanship under normal use (the “Limited Product Warranty”) for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”).
If such a defect arises, all of the following must occur prior to Maven’s acceptance of a return of a defective Product for warranty service (a “Warranty Return”):
- a return authorization request is received by Maven indicating that the return is a Warranty Return;
- the defective Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
- such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the defective Product within the applicable Warranty Period.
For valid Warranty Returns that are not found to be subject to any exclusion or limitation (as described below), Maven will, at its option and to the extent permitted by law, either: (i) repair the Product at no charge, using new or refurbished replacement parts; (ii) replace the Product with a new or refurbished Product; or (iii) refund the purchase price for the Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Maven itself or through any authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
By your shipment of a defective Product to Maven for a Warranty Return, you agree that Maven may contact you if necessary to obtain further information regarding the defective Product.
Refunds are processed and paid within two (2) weeks of Maven’s reception of the Product. All refunds are processed via the same payment method used to make the purchase. Shipping, processing, handling charges, and taxes are not refundable. All return’s shipping charges will be discounted from the amount refunded (up to 10% of the total order), and you assume the risk of loss and damage of the return while in transit to Maven. If you purchased Products from a third-party, such a party will provide information about eligible returns. Returns to resellers are subject to the reseller’s return policy, which may differ from Maven’s.
How to obtain warranty service
Request for Return Authorization and Proof of Authorized Purchase
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact us at firstname.lastname@example.org. This request must include proof that you purchased your Product from either Maven or an authorized reseller. This can be an order number or a receipt sent as a .pdf, screenshot, photo, or other human-readable format. As may be required by applicable law, Maven may require you to furnish additional proof of purchase details and/or comply with other requirements before receiving warranty service.
Return Authorization Number
If your request for return authorization is accepted, you will receive a return authorization number. The return authorization number must be included along with your returned Product when you ship it to us.
You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Maven.
Backup of Data
It is your responsibility to back up any data, software, or other materials you may have stored or preserved in connection with the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Maven will not be responsible for any such loss.
Shipment Only From and to Certain Countries
Maven’s “Authorized Shippers” are the United States Postal Service, DPD, DHL, or any other delivery service authorized and designated by Maven in its sole discretion from time to time.
Maven ships regularly to the following countries
United States, Canada, New Zealand, Australia, United Kingdom, Germany, France, Austria, Ireland, Portugal, Spain, Belgium, Netherlands, Italy, Romania, Sweden, and Denmark.
If you are not located in any of the above countries, you must arrange for shipment of the Product from your home country to Maven and then from Maven back to your home country entirely at your expense. Maven will not be responsible whatsoever for any costs of inbound or outbound shipping of any Product outside of the above countries.
You are solely responsible for providing Maven with correct addresses and contact information for shipment. Maven will not provide paid shipping for any reshipment that results from incorrect addresses or contact information and any such reshipment will be at your expense.
Exclusions and limitations
Maven does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover Software embedded in any Product (other than firmware for device components) or any related services. See the Terms of Service for details of your rights with respect to use of the Software and related services.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from the Maven Online Store, or an authorized reseller or sales channels, and manufactured by or for Maven. This Limited Product Warranty does not apply to purchasers of any resold Product that was not purchased from an authorized reseller. Without limiting the foregoing, the Limited Product Warranty does not apply to any: (a) Maven products and services other than the Products; (b) non-Maven products, even if included or sold with a Product, including, without limitation, any counterfeit products; (c) Products that are, or Maven reasonably believes to be, stolen; or (d) consumables (such as batteries).
This Limited Product Warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Maven, nor does it apply to any cosmetic damage such as scratches, or dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by: (i) use with non-Maven products; (ii) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (iii) normal wear and tear or aging of the Product; or (iv) operating the Product outside the permitted or intended uses described by Maven or not in accordance with instructions provided by Maven.
No Maven reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Except to the extent prohibited by applicable law, all implied warranties (including, without limitation, warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of the limited product warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
National statutory rights
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, in its latest version. These rights are not affected by the warranties in this limited warranty.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment and devices (e.g. ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment and devices, and you accept that lack of compatibility is not a valid claim under the Limited Product Warranty.
Limitations on liability
In no event will Maven be liable for any punitive, exemplary, special, consequential, or incidental damages (including, without limitation, loss of revenue, use, profits, data, or goodwill) or costs of procuring substitute products, arising out of, relating to, or in connection with these terms or the purchase, sale, use, operation, or performance of the products, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, whether or not Maven has advised of the possibility of such loss or damage. Maven and you have agreed that these limitations will survive and apply even if any limited remedy specific in these terms is found to have failed of its essential purpose, in no event will Maven’s liability to you arising out of, relating to, or in liability, exceed the actual amount paid to Maven by you for the product that gives rise to the claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
17. NOTICE FOR CALIFORNIA MEMBERS
Under California Civil Code Section 1789.3, California users of 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 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.