Jarvisen Translator Terms of Use

These terms of use (these “Terms”) govern your use of this Jarvisen™ Translator (this “Device”) and its associated accessories, materials and/or softwares, originated from Hillsdale Technology LLC (“we”). Please read these Terms carefully. By using the Device, you acknowledge that you have read and understand these Terms and that you agree with and intend to be bound by these Terms. If you do not agree with these Terms and/or do not intend to be bound by these Terms, please do not use this Device. You may have an option to return this Device, unused, to where you purchased it, however, whether you will receive a refund or how much refund you will receive will be determined by the actual distributor who served you, and we make no representation and/or guarantee whatsoever about such possibilities of refund.

1. Title and License

• Subject to limitations set forth herein and subject to rights of third parties (such as a consignor or other secured party) involved in the transaction whereunder you obtained this Device, if any, you obtain the title to this Device at the time of purchase.
• Subject to limitations set forth herein and subject to rights of third parties (such as a consignor or other secured party) involved in the transaction whereunder you obtained this Device, if any, you obtain a non-exclusive license to use any software embedded in this Device and/or any necessary software service that we maintain for the normal operations of this Device, including future updates thereof, and said license shall be co-extensive in time with your ownership of this Device. Said license does not allow you to replicate or derive from such software, or to transfer or sub-license such software independently of this Device.
• Subject to limitations set forth herein and subject to rights of third parties (such as a consignor or other secured party) involved in the transaction whereunder you obtained this Device, if any, you obtain a non-exclusive license to use any written, auditory, visual and/or audiovisual material associated with this Device, and said license shall be co-extensive in time with your ownership of this Device. Said license does not allow you to replicate or derive from such written, auditory, visual and/or audiovisual material, or to transfer, publicly display, publicly perform or sub-license such written, auditory, visual and/or audiovisual material independently of this Device, or to infringe upon the moral rights thereto.

2. Intellectual Property

2.1) We and other third parties own the intellectual properties present in this Device and its associated accessories, materials and/or softwares, including but not limited to copyrights, trademarks, trade dresses, patents, and other related rights. No title to intellectual property is transferred in the course of your purchase and/or use of this Device and its associated accessories and/or softwares, and no diminution occurs to our and other third party owners’ intellectual property rights on account of your purchase and/or use of this Device and its associated accessories and/or softwares.

2.2) We absolutely and completely disclaim any warranty, whether implicit or explicit, as to the non-infringement by this Device (including its associated accessories, materials and/or softwares) of any intellectual property right of any party.

2.3) We absolutely and completely disclaim any right or title in the contents that you and/or any third party generate in the course of your use of this Device and its associated accessories and/or softwares.

3. Conditions of Use

3.1) You may not engage in commercial rental or commercial resale or similar commercial activities of this Device except with express written approval from us. 

3.2) You acknowledge that, when using the functionalities of this Device that require Wifi data service or mobile network data service, such use will be additionally governed by the terms of service of the providers of such data services, and may incur direct and/or indirect costs to you.

3.3) You acknowledge and agree that we may from time to time remotely prompt you to update certain softwares embedded in this Device through data service, and you have the right to determine whether and how you will react to such remote prompt. You further acknowledge and agree that if you react to such remote prompt by requesting the initiation of such update, we may remotely operate on this Device and such operation requires your maintenance of data service connectivity throughout the course of operation and may incur direct and/or indirect costs to you. You further acknowledge and agree that refusal of any update and/or failure to maintain data service connectivity throughout the course of any update operation may result in disruption and/or cessation of your abilities to use this Device, and you release and hold us harmless from any liability and/or claim, whether direct or indirect, on account of such disruption and/or cessation.

3.4) You acknowledge and agree that you will be solely responsible for obtaining any approval and/or certification from governmental units or other third parties that may be necessary for your usage of this Device.

3.5) We reserve the right to unilaterally suspend or terminate your ability to continue using all or parts of the functionalities of this Device, with or without notice to you, if we reasonably believe doing so will be necessary to protect the rights of us, you, or any third party, or if we are required to do so under applicable laws and regulations.

4. Privacy Policy

You acknowledge that you have read the document posted at https://www.jarvisen.com/jarvisen-translator-privacy-policy on the date of July 1, 2019 and named “Privacy Policy”, and that you agree to our collection and use of data from you under the terms and conditions stated therein, or in any future update thereto.

5. No Warranty

5.1) The translation contents generated by your use of this Device in response to your or other parties’ input to this Device are generated and provided to you on an “as is” basis, and we absolutely and completely disclaim any warranty, promise or covenant, whether explicit or implicit, as to the accuracy, completeness, correctness, timeliness, fitness, aesthetic pleasantness and other qualities of such translation contents, whether in textual, auditory, visual or audiovisual form, and as to the non-infringement of your or any third party’s rights, in intellectual property or otherwise, on account of the content or form or other characteristics inherent in such translation contents.

5.2) This Device and its associated accessories, materials and/or softwares are provided to you on an “as is” basis, and we absolutely and completely disclaim any warranty, promise or covenant, whether explicit or implicit, including but not limited to the warranty of merchantability, warranty of fitness for a particular purpose, warranty of quiet enjoyment, and warranty of non-infringement.

5.3) We absolutely and completely disclaim any warranty, promise or covenant, whether explicit or implicit, as to availability and/or quality of software services and/or data connectivity necessary for the operations of this Device in any particular location and/or at any particular time.

5.4) You understand that your use of this Device and its associated accessories, materials and/or softwares, especially any unauthorized and/or non-conforming use, may create certain risks to you or to third parties, and you release and hold us harmless from any liability and/or claim, whether direct or indirect, on account of your use of this Device and its associated accessories, materials and/or softwares, except for bodily injury or death directly caused by our intentional wrongdoing or gross negligence.

6. Prohibited Activities

6.1) You may not use this Device or its associated accessories, materials and/or softwares to:

• Infringe our or any third party’s intellectual property rights;
• Reverse engineer or otherwise attempt to discover technologies proprietary to us or to any third party;
• Physically duplicate, dissemble, modify or re-engineer this Device or its associated accessories, materials and/or softwares;
• Engage in activities prohibited by applicable laws and regulations, including but not limited to piracy, defamation, harassment, extortion, fraud, criminal conspiracy, and other crimes and misdemeanors.

6.2) You may not attempt to use this Device or its associated accessories, materials and/or softwares in the fashion described in Section 6.1 above, or solicit any party to do so, or conspire with any party to do so.

7. Limitation of Liability

7.1) To the extent permitted by applicable laws and regulations, you agree that our total aggregate liability to you on account of your use of this Device and its associated accessories, materials and/or softwares, and/or on account of our actions covered under these Terms, from however many causes of action, shall be capped at the total amount you actually paid for this Device.

7.2) In no case shall we be liable to you or to any third party on account of your use of this Device and its associated accessories, materials and/or softwares, and/or on account of our actions covered under these Terms for any indirect, consequential or incidental damages, or for any expenses and/or fees incurred by you or any third party in judicial process or other conflict resolution process.

8. Miscellaneous

8.1) These Terms are governed by the laws of California, without regard to the principles of conflict of laws contained therein.

8.2) Any claim, action or dispute arising out of or on account of these Terms shall be exclusively adjudicated between federal or state courts sitting in San Mateo County, California, and you waive, renounce and disclaim any defense or claim based on forum non conveniens or similar principles.

8.3) You waive, renounce and disclaim any right to bring or join any arbitration proceedings against us for any claim, action or dispute arising out of or on account of these Terms.

8.4) Any title, header or caption contained in these Terms are for convenience only and are not to be relied upon for construction of the provisions of these Terms.

8.5) If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms shall continue in full force without any diminution or impairment.

8.6) You acknowledge and agree that these Terms may not be construed against us solely on the principle of construction against drafters.

8.7) Reference to any law, regulation or other document in these Terms is reference to the latest revision and/or update thereof.

8.8) These Terms and the documents referred to therein represent the whole and complete agreement between you and us for the subject matter therein, and any and all prior communication, representation, promise, undertaking, agreement, and covenant, whether explicit or implicit, whether written or oral, have been replaced and superseded by these Terms and the documents referred to therein.