BY ACCESSING AND USING THE APPLICATIONS IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THE APPLICATIONS IN ANY MANNER.
Modifications to these terms
Logitech may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Applications, following the posting of any changes, will signify your acceptance of those changes.
Changes to the Applications
In an effort to continually improve the Applications and its usefulness to you, we may from time to time provide bug fixes, updates, upgrades and other modifications to the Applications (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to stop using the Applications. In the event that Logitech makes such changes, these Terms shall apply to the new services and to any changes to existing services.
To use certain parts of the Applications, you will be asked to provide information about yourself, such as your first name, e-mail address, password, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Logitech immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Logitech or any other user of or visitor to the Applications due to the use of your username, password, or account by another person. If You are submitting personal information on behalf of another individual, You represent and warrant that You have such individual’s permission to provide their personal information. You may not use anyone else's Logitech ID, password, or account at any time without the express permission and consent of the holder of that Logitech ID, password, or account. Logitech cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and the arrangement of such Content, contained on the Applications is owned, controlled, or licensed by Logitech. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), Logitech hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use. Logitech reserves all rights to Content not expressly granted herein.
No unlawful or prohibited use
While using the Applications, you may NOT do the following:
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Applications or Logitech's systems or networks, or any systems or networks connected to the Applications or to Logitech
- Use any robot, spider, scraper, or other automated means to access the Applications or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
- Transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element
Links to third party websites and services
In attempting to provide you with comprehensive and useful resources, the Applications may contain links to third-party websites, applications, or services which are not under the control of Logitech. Logitech is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Logitech is providing these links to you only as a convenience, and the inclusion of any link does not imply that Logitech endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.
In connection with your use of the Applications, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Logitech. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Logitech, is responsible for the performance of the third-party services or products.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATIONS AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THE APPLICATIONS OR LINKED FROM THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND LOGITECH AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. LOGITECH DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE APPLICATIONS. LOGITECH AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE APPLICATIONS OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. LOGITECH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATIONS WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, LOGITECH IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY LOGITECH, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOGITECH (OR LOGITECH'S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE APPLICATIONS, REMOVAL OR TERMINATION OF THE APPLICATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE APPLICATIONS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATIONS, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE APPLICATIONS, OR ANY OTHER MATTER RELATING TO THE APPLICATIONS. IN NO EVENT SHALL LOGITECH'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE APPLICATIONS EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO LOGITECH DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
You shall indemnify, defend, and hold harmless Logitech, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Applications. Logitech reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.
Disclosure of use
Logitech reserves the right at all times to disclose any information that Logitech deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Logitech may also disclose your information when Logitech determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Logitech, your sole remedy is to terminate this agreement
be governed by the laws of the United States and by the laws of the State of California, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Santa Clara County, California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.
Logitech may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of assets to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Logitech regarding this subject matter, and they govern your use of the Applications. The failure of Logitech to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Applications or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Logitech and/or UE Custom are not responsible for incomplete, incorrect or inaccurate capture of order information, including but not limited to technical malfunctions, human or technical error, omission, interruption, deletion, defect or failures of any telephone, cellular, or computer line, network, computer or equipment and/or any combination thereof. Logitech and/or UE Custom are not responsible for late or misdirected shipments. Dealers, distributors and other resellers are not eligible for this Gift with purchase Offer. This Offer may not be combined with any other offer(s).
Terms of Sales
If the FitKit with completed ear impressions is not returned to Ultimate Ears within ninety (90) days after shipment of the FitKit from Ultimate Ears, the purchase price is non-refundable. Provided the FitKit with completed ear impressions is returned to Ultimate Ears within one (1) year after the date the FitKit is shipped from Ultimate Ears, custom earphones will be manufactured to fulfill the order. The 30-day risk-free trial period will not apply for any completed FitKit received more than 90 days after shipment from Ultimate Ears.
These terms are dated April 1, 2020