TERMS OF SERVICE
1. Legally binding agreement. By clicking the “I Agree with the Terms & Conditions” button on TryARobot.com as part of the order process for Robots provided by TryARobot, LLC (“TryARobot”), or by otherwise submitting a TryARobot order form, the person or entity for which customer information is provided in the cart or order form (“Customer”) accepts and agrees to, and intends to be legally bound by, these Terms of Service. TryARobot may change these Terms of Service from time to time, effective upon notice to Customer that an updated version is available on TryARobot.com.
2. Robots. TryARobot will provide Customer with use of the products selected by Customer in the cart or order form, as such products are described on TryARobot.com from time to time (the “Robots”). TryARobot reserves the right not to accept Customer’s order or otherwise to decline to provide Customer with the Robots.
3. Cancellation. The term of Customer’s use of the Robots will commence on the date of delivery of the Robots and will continue for the term selected by Customer in the cart or order form (the “Term”). However, Customer may cancel the Term within the first 30 days of the Term by returning the Robots to TryARobot, as provided below, within such period. In such event, Customer will be liable only for the first month’s charges and for any loss, theft or damage to the Robots, as provided below.
4. Delivery. TryARobot will ship the Robots to the locations specified by Customer in the cart or order form. TryARobot will send the Robots for shipment, via ground shipping service, within 3 business days from the order date, but TryARobot does not guarantee a delivery date to Customer. The Robots will be deemed accepted by Customer upon delivery to such location by TryARobot’s shipping company. TryARobot will bear risk of loss until such delivery, and Customer will bear risk of loss thereafter.
5. Setup. TryARobot will provide Customer with telephone support, during normal business hours, to assist with the setup and operation of the Robots.
6. Damage. Customer will be responsible for, and shall pay all costs associated with, any loss, theft or damage to the Robots (including, without limitation, repair or replacement), as determined by TryARobot in its reasonable discretion. Without limiting the foregoing, Customer will return the Robots, as provided below, in the condition in which the Robots were delivered by TryARobot.
7. Malfunction. In the event of a malfunction of a Robot that does not result in any way from an act or omission of Customer (or any user of the Robot), TryARobot will replace or repair the Robot within 5 business days after Customer returns the Robot to TryARobot, as provided below. In the event that TryARobot fails to replace or repair the Robot within such period, Customer will be entitled to abatement of the monthly charges, on a per diem basis, until TryARobot has replaced or repaired the Robot. The foregoing constitutes TryARobot’s sole obligation and Customer’s exclusive remedy in the event of any malfunction of a Robot.
8. Return. TryARobot will include with its delivery of the Robots a prepaid shipping label for return of the Robots by Customer, which will include the required return date that is 5 business days after expiration or termination of the Term and the address of TryARobot to which the Robots must be shipped. Customer will return the Robots to TryARobot at such address, prior to the required return date included on the shipping label (or upon notice to Customer of recall by TryARobot), via the shipper included on the shipping label, using in the original packaging provided by TryARobot. Customer will bear risk of loss until delivery to TryARobot at such address, and TryARobot will bear risk of loss thereafter. In the event the Robots are not received by TryARobot prior to the required return date, TryARobot may elect to automatically extend and renew the Term on a month to month basis until the Robots are returned or terminate the Term and, among other things, deem the Robots lost or stolen (and charge Customer’s credit card for the costs associated with such loss or theft).
9. Purchase Option. Customer will have the option, exercisable by providing notice to TryARobot during the Term, to purchase any of the Robots at the MSRP of the applicable manufacturer. In such event, TryARobot will credit Customer against such purchase price the amount of fifty percent (50%) of the monthly charges paid by Customer, excluding monthly damage insurance, through the date of exercise of the purchase option.
10. Charges. Customer will pay all charges set forth in the cart or order form. In addition, Customer will pay all costs of shipping and return of the Robots, including the cost of the prepaid shipping label provided by TryARobot. Charges are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery or use of Robots, all of which will be the responsibility of Customer. Customer will be liable for all costs (including, without limitation, reasonable attorney fees) incurred by TryARobot in connection with collecting any charges or other amounts to which it may be entitled or enforcing its rights under these Terms of Service.
11. Billing arrangements. Customer will provide TryARobot with valid major credit card information and will pay by such credit card all charges (including, without limitation, upon any acceleration of charges), shipping and return costs, the purchase price for the purchase option, for any loss, theft or damage to the Robots, or any other amounts to which TryARobot may be entitled pursuant to these Terms of Service. TryARobot will charge Customer’s credit card in advance of Robot delivery for shipping and return costs, in advance of each month for recurring charges and as incurred for any loss, theft or damage costs or other amounts. Customer authorizes TryARobot to charge Customer’s credit card as provided above and agrees not to dispute or cancel charges of TryARobot properly made in accordance with these Terms of Service.
12. Breach by Customer. TryARobot may, in its sole discretion, elect to terminate the Term (and Customer’s use of the Robots) upon and after (a) Customer's failure to make timely payment in full of any charges or other amounts, (b) any breach or noncompliance by Customer (or any user of the Robots) of any of the provisions of these Terms of Service, (c) Customer's failure to continue to function as a going concern or to operate in the ordinary course of business, or if Customer commits an act of bankruptcy within the meaning of the federal bankruptcy laws, or if bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or other similar proceedings will be instituted by or against Customer, or (d) Customer's (or any user of the Robot’s) use of the Robots in any manner that, in TryARobot’s reasonable discretion, could adversely affect TryARobot’s public image, goodwill, reputation or contractual relations (including, without limitation, its agreements with manufacturers of the Robots), or could subject it to liability.
13. Acceleration of Charges. In the event TryARobot terminates the Term as provided above, Customer will pay to TryARobot an early cancellation fee in an amount equal to the entire amount that Customer would otherwise have been obligated to pay to TryARobot over the remainder of the then-current Term. Customer acknowledges that such payment is not a penalty but is in the nature of liquidated damages, to be paid in addition to other obligations of Customer. In addition, in such event, TryARobot may take possession of the Robots without demand, notice or legal process, wherever they may be located.
14. TryARobot Ownership. These Terms of Service, and the provision/use of the Robots, do not convey any rights of ownership or title to Customer in or related to any Robot. No right or license is granted to Customer to use any TryARobot name, mark or logo. TryARobot will have the right to fully exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Robots.
15. Customer Responsibilities
16. Indemnification by Customer. Customer will indemnify, defend and hold harmless TryARobot and its members, managers, employees and representatives from and against any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including, without limitation, court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses), and damages of any kind, nature or description whatsoever (“Damages”) arising out of (i) any misrepresentation, breach of covenant or warranty or other breach or violation of these Terms of Service by Customer, (ii) use of the Robots by Customer or any user of the Robots, and (iii) any other act or omission of Customer, its affiliates or any of their owners, officers, representatives, employees or users or such third parties (including, without limitation, personal injury or damage to property).
17. Warranty of TryARobot. TryARobot warrants that the Robots will be delivered to Customer in good condition and working order. EXCEPT FOR THE FOREGOING, TRYAROBOT DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE ROBOTS OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE ROBOTS, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE PRACTICE.
18. Limitations of TryARobot’s Liability
19. Public Announcements. TryARobot may use Customer’s name, marks and logo in TryARobot’s client list, case studies or in other promotional information, including, without limitation, press releases, brochures, letters and electronic media such as e-mails and websites.
20. Miscellaneous provisions. Customer must be at least 18 years old to order or use the Robots. These Terms of Service will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of laws. TryARobot and Customer each hereby submits (and waives the right to contest on any grounds) to the exclusive, personal jurisdiction of either the Federal District Court for the Eastern District of Pennsylvania or any state, municipal or local court located in Philadelphia County, PA for all claims, disputes or controversies involving such parties and relating to the Robots or these Terms of Service; provided, however, nothing herein will prevent TryARobot from asserting a claim for indemnification or any other claim hereunder in connection with a third party action in the same jurisdiction where a third party action has been brought. No terms or information set forth on any document (other than an order form accepted by TryARobot) will add to or vary these Terms and Condition. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. Except for the payment of charges by Customer, neither party will be liable for any failure to perform, or any delay in performing its obligations under these Terms of Service to the extent such failure or delay is caused by or results from an event beyond such party's reasonable control, including, without limitation, acts of God, acts of war and terrorism, accidents, fires, floods, unusual weather conditions, strikes, labor disputes, governmental actions and telecommunications failures. TryARobot will not be liable in the event that it does not have products available to provide to Customer. No joint venture, partnership, employment, or agency relationship exists between Customer and TryARobot as a result of the provision/use of the Robots or these Terms of Service. The failure of TryARobot to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. All remedies of TryARobot under these Terms of Service, including, without limitation, TryARobot’s right to accelerate charges, take possession of the Robots, or terminate use of the Robots, will be cumulative and not in limitation of any other remedies. These Terms of Service comprise the entire agreement between Customer and TryARobot and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof. Customer may not assign its rights to the Robots without TryARobot’ prior written consent. TryARobot may give legal notice by means of electronic or other mail to Customer's address on record in TryARobot account information. Sections 11 and 16 through and including 20 will survive the termination or expiration of the Term or these Terms of Service.