Thank you for your interest https://algolaser.com/ and its affiliated companies (collectively, “AlgoLaser”) and in the various websites provided by AlgoLaser, including our website at algolaser.com and all associated sites linked to algolaser.com by AlgoLaser (collectively, the “Site”).
These Terms provide that all disputes between you and AlgoLaser will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with AlgoLaser.
You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 16 years of age;
(b) you have not previously been suspended or removed from the Site; and
(c) your access to the Site is in compliance with all applicable laws and regulations.
If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
To access certain features of the Site, such as when you participate in the AlgoLaser Community, Forum, Library, and similar services may require the registration of anAlgoLaser account.
When you register for an AlgoLaser account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your AlgoLaser account and password, and you accept responsibility for all activities that occur under your AlgoLaser account.
Purchases of goods or services, and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference.
You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services.
If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.
Certain features of the Site, such as the AlgoLaser Community, may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site.
You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.
By posting or publishing User Content, you grant AlgoLaser a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a). you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AlgoLaser and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by AlgoLaser, the Site, and these Terms;
b). your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AlgoLaser to violate any law or regulation.
AlgoLaser is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content.
AlgoLaser may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.
You understand that when accessing the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable.
You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AlgoLaser with respect to User Content.
We expressly disclaim any and all liability in connection with User Content.
If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
For clarity, AlgoLaser does not permit copyright-infringing activities on the Site.
a). DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:
Attn: DMCA Notice
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.
b). Repeat Infringers. AlgoLaser will promptly terminate without notice the accounts of users that are determined by AlgoLaser to be “ Repeat Infringers.” A Repeat Infringer is a user who has been repeatedly notified of infringing activity or has had User Content repeatedly removed from the Site.
By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms.
For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People’s Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Site Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach.
AlgoLaser reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in China.
AlgoLaser also welcomes users to report any User Content that is in violation of applicable laws or regulations.
By using the site you agree not to.
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically.
In addition, AlgoLaser may in its sole discretion terminate your AlgoLaser account or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice.
We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you.
We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site.
Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content.
You may terminate your AlgoLaser account at any time by contacting customer service via email@example.com.
Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”), such as the AlgoLaser Community Rules or the AlgoLaser Store’s Terms of Sale.
All Additional Terms are incorporated by this reference into and made a part of these Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time.
Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication.
If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective.
By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Site.
Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by AlgoLaser (“Feedback”), then you hereby grant AlgoLaser an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
You are responsible for your access to the Site.
You will defend and indemnify AlgoLaser and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “AlgoLaser Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
(a) your access to, use of, or alleged use of, the Site;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
(d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ALGOLASER ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ALGOLASER ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE ALGOLASER ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, ALGOLASER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT ALGOLASER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
IN NO EVENT WILL THE ALGOLASER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALGOLASER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE ALGOLASER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE
These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of France.
UMALL TECHNOLOGY S.AR.L
15 RUE DES HALLES, PARIS, FRANCE (THIS S NOT A RETURNING ADDRESS)
You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over AlgoLaser, either specific or general, in jurisdictions other than California.
These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and AlgoLaser regarding your access to the Site.
Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.
We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
In the interest of resolving disputes between you and AlgoLaser in the most expedient and cost effective manner, you and AlgoLaser agree that every dispute arising in connection with these Terms will be resolved by binding arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALGOLASER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:
(a) bring an individual action in small claims court;
(b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
(c) seek injunctive relief in a court of law; or
(d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and AlgoLaser will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting ALGOLASER.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”).
The Notice must:
(a) describe the nature and basis of the claim or dispute; and
(b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or AlgoLaser may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AlgoLaser must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If the dispute is finally resolved through arbitration in your favor, AlgoLaser will pay you the highest of the following:
(i) the amount awarded by the arbitrator, if any;
(ii) the last written settlement amount offered by AlgoLaser in settlement of the dispute prior to the arbitrator’s award; or
If you commence arbitration in accordance with these Terms, AlgoLaser will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules.
Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse
AlgoLaser for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
About the fees, I don’t know if the amount is within the normal range or not? But these occasions should be very few to occur. Shoud we delete the terms or should we lower down the amount or we just copy this but watch ours behaviors to avoid.
YOU AND ALGOLASER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and AlgoLaser agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If AlgoLaser makes any future change to this arbitration provision, other than a change to AlgoLaser’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to AlgoLaser’s address for Notice, in which case your account with AlgoLaser will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
You may contact us by sending correspondence to that address or by emailing us via firstname.lastname@example.org.
This website is jointly operated by UMALL TECHNOLOGY S.A.R.L and Shenzhen Algo Technologies Co., Ltd.
Business & Sales Operations Entity:
Company Name: UMALL TECHNOLOGY S.A.R.L
Company Address: 15 RUE DES HALLES, PARIS, FRANCE. (THIS IS NOT A RETURNING ADDRESS)
Advertisement Operation Party:
Company Name: Shenzhen Algo Technologies Co., Ltd.
Company Address: 4th Floor Building E5, Juyin Technology Industrial Park, Ganli Road, Longgang District, Shenzhen 518116, China