Terms of Ordering
Dated: September, 2018
The following terms (the “Terms”) govern all orders for Subscription Services by you, the original end user (“you” or “your”) from Angee, Inc., a Delaware corporation (“Angee”, “we,” “us,” or “our”) placed through our Website or any App, for your personal consumer use and not for resale. In these Terms, the following capitalized terms have the following meanings:
“Products” means the Angee hardware products you have selected to receive with your Subscription Services provided without a separate charge;
“Services” mean our online software services you have selected to receive on a subscription basis provided through our website located at www.meetangee.com (the “Website”) or any application that may be downloaded to your smartphone or tablet to access services (an “App”) for use in conjunction with the Products;
“Sites” means our Website and App collectively, and “Site” mean either the Website or App;
“Subscription Services” means the Products and the Services you have ordered on a subscription basis through a Site.
PLEASE READ SECTION 4 BELOW CAREFULLY PRIOR TO ORDER. Our Products are provided as part of the Subscription Services without a separate charge and you will not be charged monthly Subscription Fees until you activate your Subscription Services after receipt of your Angee Products from us. You have thirty (30) days from the date of our shipment of Products to activate your Subscription Services or to return the Angee Products to us at your cost. FAILURE TO ACTIVATE OR RETURN MAY RESULT IN YOU BEING CHARGED A NON-ACTIVATION AND NON-RETURN FEE OF $349.00 PER PRODUCT AND YOU HEREBY AUTHORIZE US TO CHARGE TO YOUR PAYMENT METHOD SUCH AMOUNT AND YOU AGREE TO PAY SUCH AMOUNT.
This is a Legal Agreement. Your submission of an order through a Site means you are accepting and agreeing to be bound by these Terms. Our Products and Services are offered and available to users who are 18 years of age or older who reside in the United States. You represent and warrant that you are of legal age and have the capacity and authority to agree to these Terms and that you reside in the United States. If you do not meet these requirements, do not place an order with us. We disclaim all liability for use of our Products and Services outside of the United States which is at your sole risk.
IMPORTANT LIFE SAFETY NOTICE. YOU ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES ARE NOT DESIGNED FOR, SOLD FOR, OR CERTIFIED FOR EMERGENCY RESPONSE. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM, A 911 SERVICE, OR A LIFESAVING SOLUTION FOR PEOPLE AT RISK IN THEIR HOME OR OTHERWISE. ANGEE DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME OR OFFICE IN THE EVENT OF AN EMERGENCY. IN ADDITION, THE PRODUCTS AND SERVICES CANNOT BE CONSIDERED A LIFESAVING SOLUTION FOR PEOPLE AT RISK IN THE HOME, AND THEY ARE NO SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING AND EMERGENCY EVENTS SHOULD BE DIRECTED TO THE APPROPRIATE RESPONSE SERVICES.
- Other Agreements that Apply
By submitting an online order you are also accepting and agreeing to be bound by:
- and Our Terms of Subscription Services governing your access to and use of our Products and Services subject to your Subscription Services available at https://www.meetangee.com/legal/terms-of-subscription-services/ (the “Terms of Services”).
- Changes to the Terms
We may revise or change these Terms at any time in our sole discretion including as our business develops. Every time you order Subscription Services from us, the then existing Terms as posted on our Sites will apply to you.
- Acceptance of Orders; Reservations
3.1 General. We reserve the right to accept, decline, or place limits on any order for any reason. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us when placing an order. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount. You may cancel your order at any time prior to our shipment to you of Products ordered in your Subscription Services and you will not be charged or we’ll refund you the full amount.
3.2 Acceptance. If we accept your order, we will notify you using the e-mail address you provide to us when placing an order, and charge you a one-time handling fee to process your order and arrange for shipment of the Products you ordered. We may obtain authorization from your payment card company to confirm necessary funds are available to subscribe to the Subscription Services ordered but we will not charge you for Subscription Services until you have activated your account with us. This authorization may stay open for several days or weeks before a charge is actually made.
3.3 Reservations. Products and corresponding Subscription Services available for reservation are not offered for subscription or sale by us. Your placement of a reservation does not create a contract for sale. By placing a reservation, you make an offer to us to purchase your selected Subscription Services subject to these Terms and we may obtain authorization from your bank or credit card used for reservations for no charge. This authorization may stay open for several days or weeks before a charge is actually made.
- Subscription Services Ordering and Payment Terms
4.1 Subscription Services. Our Products and Services are provided on a subscription services basis. Subscription Services plans with applicable subscription service fees (“Subscription Fees”) are set forth on our Sites. We reserve the right to modify or terminate any of our offered Subscription Services plan at any time. You will not be charged monthly Subscription Fees until you activate your Subscription Services following receipt of your Angee Products from us. You have thirty (30) days from the date of our shipment of Products to activate your Subscription Services or to return the Angee Products to us at your cost. FAILURE TO ACTIVATE OR RETURN MAY RESULT IN YOU BEING CHARGED A NON-ACTIVATION AND NON-RETURN FEE OF $349.00 PER PRODUCT AND YOU HEREBY AUTHORIZE US TO CHARGE TO YOUR PAYMENT METHOD YOU SUCH AMOUNT AND YOU AGREE TO PAY SUCH AMOUNT.
4.2 Processing, Shipping, Handling and Applicable Taxes. Stated prices for our Subscription Services may not include a one-time handling charge which is charged when you place an order. Stated priced do not include shipping and handling, sales, use, value added, and excise, federal, state, local or other taxes that may apply and which may be added to your order. Depending on the order, we calculate, charge and collect such applicable taxes in accordance with applicable laws.
4.3 Payment Method. At the time of any order, you are required to provide us with a current, valid, accepted method of payment (“Payment Method”) and other additional information as prompted. By providing a Payment Method, you authorize us to use the designated Payment Method, and you authorize us or our third-party payment processor to charge your Payment Method, for Subscription Fees associated with your selected Subscription Services any applicable taxes, shipping, handling, and other charges applicable to your selected Subscription Services.
4.4 Processing Fee. We will charge to your Payment Method a one-time processing fee at the time we accept any order.
4.5 Recurring Subscription Fees. We will to charge to your Payment Method recurring Subscription Fees when you activate your Subscription Services following receipt of your Angee Products from us. You expressly acknowledge and agree that (a) we are authorized to charge your monthly, quarterly or annual Subscription Fees in advance of service on the billing cycle and subscription plan you choose for as long as your Subscription Services continue including applicable taxes, and (b) your Subscription Services are continuous until cancelled by you or terminated by us as set forth in our Terms of Services. You acknowledge that the recurring amount billed may vary for reasons such as you changing your Subscription Services or purchasing additional Products or Subscription Services or changes in applicable taxes. If you do not pay any charges when due, we may, in our sole discretion, terminate and/or discontinue Subscription Services without notice.
4.6 Product Charge for Your Failure to Activate. After we have accepted your order, we will ship your Product to the shipping address in the order and you have thirty (30) days from shipment to activate your Subscription Services. Upon activation of Subscription Services, we will commence recurring billing as set forth in Section 4.5 above. If you do not activate your Subscription Service or return the Products to us at your cost within such thirty (30) days from shipment, we will attempt to contact you using the e-mail address you provide to us when placing an order or by phone. HOWEVER, WE RESERVE THE RIGHT TO CHARGE YOUR PAYMENT METHOD A NON-RETURN FEE OF $349.00 PER PRODUCT AND YOU HEREBY AUTHORIZE US TO CHARGE TO YOUR PAYMENT METHOD YOU SUCH AMOUNT AND YOU AGREE TO PAY SUCH AMOUNT.
4.7 Prices May Change; Cancellation Right. Prices for Subscription Services are subject to change any time. If we change our prices for any Subscription Services, we will give you advance notice. After receiving this notice, you will be deemed to have accepted the change in pricing unless you cancel your Subscription Services at any time as set forth in our Terms of Services. You are also required to return the Angee Product to us as set forth in our Terms of Services.
- Term of Services
Your access to, and use of, our Products and Services for ordered Subscription Services are governed by our Terms of Services available at https://www.meetangee.com/termsofservice which you will be required to accept to activate your Subscription Services. Please read these terms carefully as the Terms of Services govern your access to, and use of, the Angee Products, Services and Your Subscription Services. THE TERMS OF SERVICE CONTAIN IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY AND IN SECTION 4.7, YOUR INDEMNITY OBLIGATION. THEY ALSO REQUIRES THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR GROUP/CLASS ACTIONS AS DESCRIBED IN SECTION 11 OF OUR TERMS OF SERVICE. YOU WILL ABLE TO OPT OUT OF ARBITRATION AS SET FORTH IN SECTION 11 OF OUR TERMS OF SERVICE.
- Title to Products
We retain ownership and title of the Products at all times. At all times, title to any software embedded in the Products remains with us and your right to use such software is set forth in and subject to our Terms of Service.
7. Limited Product Service Warranty
So long as you are using the Subscription Services pursuant to a subscription plan and paying the applicable Subscription Fees, we provide a limited product service warranty as set forth in Section 6 of our Terms of Service.
- Return of Products at End of Subscription
At the end of your Subscription Services for any reason, you shall promptly return the Products to us within thirty (30) days at your cost in their original condition, reasonable wear and tear excepted, in accordance with Section 3.2 of our Terms of Services. FAILURE TO RETURN THE PRODUCTS IN GOOD CONDITION TO US WILL RESULT IN YOU INCURRING A NON-RETURN FEE OF $349.00 PER PRODUCT AND YOU HEREBY AUTHORIZE US TO CHARGE TO YOUR PAYMENT METHOD OR OTHERWISE COLLECT FROM YOU SUCH AMOUNT AND YOU AGREE TO PAY SUCH AMOUNT.
9. Warranty Disclaimers, Limitation of Liabilities and Dispute Resolutions Provisions.
Our Disclaimers of Warranties, Limitation of Liabilities and Dispute Resolutions Provisions contained in our Terms of Services are incorporated herein by reference and apply to these ordering Terms and any Subscription Services you order.
10. General Provisions
10.1 Entire Agreement. These Terms and any document made a part of these Terms represents the entire agreement between you and us with respect to the Products, Services and Subscription Services and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products, Services and Subscription Services.
10.2 No Amendment or Waiver. No provision of these Terms will be deemed waived, amended or modified unless made in writing and signed by you and us. No waiver of rights shall constitute a subsequent waiver of any rights whatsoever. The failure of either party to enforce any provision hereof shall not constitute the permanent waiver of such provision.
10.2 Severability. The provisions of these Terms are severable and any provision determined to be void or unenforceable shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of these Terms and such invalid provision shall be replaced with an enforceable provision which achieves to the greatest extent possible your’s and Angee’s original intent.
10.4 Governing Law. These Terms shall be governed by the State of Delaware without regard to its or any other jurisdiction’s conflicts of law principles. The interpretation of these Terms shall not be construed against us as the drafter.