GROKING LAB, Terms of Services Agreement
These Terms to create an OZMO account and to use the Groking Lab’s Services are not subject to any amendments., you must accept these Terms by visiting www.ozmo.io before using any part of the Groking Lab’s Service
3. CHANGES TO AGREEMENT
GROKING LAB RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITE OR APPLICATION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. You will be deemed to have agreed to any such modification or amendment if you continue to use the Services and products after the date in which the modified or amended Agreement is posted.
BY USING THE SERVICES AND PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
Subject to Your compliance with the terms and conditions of this Agreement, Groking Lab grants You a non-exclusive, non-sub-licensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing our Applications. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Services, including the Website and the Applications, or any part thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Groking Lab. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Groking Lab or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. THE SERVICE AND PRODUCT DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP
Groking Lab provides the Services for information purposes only. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. Groking Lab is not a medical professional, and Groking Lab does not provide or purport any medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE SERVICES and PRODUCTS DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND GROKING LAB.
7. NUTRITIONAL INFORMATION
Groking Lab’s health information contains a combination of nutritional information entered directly by Groking Lab (“Blog” and ”Service”). Please be advised that nutritional information found in Groking Lab’s Blog and Service has not been reviewed by persons with the expertise required to provide You with complete, accurate, or reliable information. GROKING LAB DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE BLOG; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL GROKING LAB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION. You are solely responsible for ensuring that any nutritional information in the Blog is accurate, complete and useful. Nutritional information in the Blog may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Groking Lab.
8. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information, including, without limitation, food, nutrition and exercise data, made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. GROKING LAB DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL GROKING LAB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY. You also understand that by accessing and using the Services, You may encounter information, materials and subject matter that You or others may find offensive, indecent, or objectionable. You agree to use the Services at Your sole risk and that Groking Lab and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
9. RISK ASSUMPTION
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS, SERVICES AND PRODUCTS. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY GROKING LAB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES AND THE PRODUCTS.
10. CONSENT TO RECEIVE EMAIL FROM GROKING LAB
In providing the Services and Products, You may receive periodic email communications regarding the Services, new product offers and information regarding the Services and the Products, which are part of the Services and Products and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Groking Lab believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (I) following the unsubscribe instructions contained in each newsletter; or (II) changing the email preferences in Your account.
11. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by Groking Lab or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services and Products that is deemed defamatory or otherwise legally actionable. Under the Federal US Communications Decency Act of 1996 and all other International laws related to that matter, Groking Lab is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services and Products.
12. INTELLECTUAL PROPERTY
A ) Software and Products
You acknowledge and agree that the Applications and the Products and all intellectual property rights associated therewith are, and shall remain, the property of Groking Lab. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Applications are the intellectual property and proprietary and confidential information of Groking Lab and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Applications by implication, estoppel or other legal theory, and all rights in and to the Applications not expressly granted in this Agreement are hereby reserved and retained by Groking Lab.
The Applications may utilize or include third party software that is subject to third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Applications is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software. In the event of a conflict between the terms of this Agreement and the terms of such third party licenses, the terms of the third party licenses shall control with regard to Your use of the relevant Third Party Software.
You acknowledge and agree that the use of the Products didn’t give you any right on the design of the Products and that all intellectual property rights associated therewith are and shall remain the property of Groking Lab.
B ) Trademarks
Groking Lab’s logo, OZMO, (collectively, the “Groking Lab’s Marks”) are trademarks or registered trademarks of Groking Lab. Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third-parties. Neither Your use of the Services, nor this Agreement, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Groking Lab’s Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Groking Lab’s Marks generated as a result of Your use of the Services and Products will inure to the benefit of Groking Lab, and You agree to assign, and hereby do assign, all such goodwill to Groking Lab. You shall not at any time, nor shall You assist others to, challenge Groking Lab’s right, title, or interest in or to, or the validity of, the Groking Lab’s Marks.
C) Copyrighted Materials; Copyright Notice
All content and other materials available through the Website, Services and Products, including without limitation the Groking Lab’s logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Groking Lab or are the property of Groking Lab licensors and suppliers. Except as explicitly provided, neither Your use of the Services and Products nor this Agreement grant You any right, title or interest in or to any such materials.
13. CARE AND MAINTENANCE
Your Product is a product of superior design and craftsmanship and should be treated with care. If the Product does get wet, please follow the user instructions and do not accelerate drying with the use of an oven, microwave, or dryer, because this may damage the product and could damage it seriously.
Do not try to dry your product in a microwave oven. Doing so may cause a fire or explosion.
B) Dust and dirt
Do not expose your product to dust, dirt, or sand.
C) Shock or vibration
Do not drop, knock, or shake the mobile device. Rough handling can break internal circuit boards
14. DISCLAIMERS; LIMITATION OF LIABILITY
A) NO WARRANTIES.
GROKING LAB, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE, APPLICATIONS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROKING LAB, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER GROKING LAB NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE, APPLICATIONS, PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, APPLICATIONS, PRODUCTS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
B) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE;
YOU AGREE THAT YOUR USE OF THE WEBSITE, APPLICATIONS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD GROKING LAB OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES AND PRODUCTS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
YOU AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND RESPONSIBILITY.
C) LIMITATION OF LIABILITY
THE LIABILITY OF GROKING LAB AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GROKING LAB OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO GROKING LAB OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF GROKING LAB AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE HKD 1.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GROKING LAB AND YOU. THE WEBSITE, APPLICATIONS, PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, ANY OTHER AGREEMENT BETWEEN YOU AND GROKING LAB OR BETWEEN YOU AND ANY OF GROKING LAB’S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. GROKING LAB’S THIRD-PARTY SERVICE PROVIDERS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website, Applications, Products and Services will be in accordance with this Agreement and any other Groking Lab’s policies and guidelines, and with any applicable laws or regulations.
A) Limited Product Warranty
GROKING LAB warrants to the original purchaser that your GROKING LAB electronic device (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, (the “Warranty Period”) subject to the terms and conditions herein.
GROKING LAB does not warrant that the operation of the Product will be uninterrupted or error-free. GROKING LAB is not responsible for damage arising from failure to follow instructions relating to the Product’s use.
If a hardware defect arises and a valid claim is received by GROKING LAB within the Warranty Period, GROKING LAB will, at its option and to the extent permitted by law, either (I) repair the Product at no charge, using new or refurbished replacement parts or (II) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by GROKING LAB itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
C) How to Obtain Warranty Service
To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by GROKING LAB. In accordance with applicable law, GROKING LAB may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. For specific instructions on how to obtain warranty service on your Product, visit the GROKING LAB website (www.GROKING LAB.com/help).
D) Exclusions and Limitations
This Limited Warranty applies only to the Product manufactured by or for GROKING LAB that can be identified by the “GROKING LAB” OR “OZMO” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) GROKING LAB products and services other than the Product, (b) non-GROKING LAB hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of GROKING LAB or if the Product is inserted or installed in a casing not provided by GROKING LAB. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-GROKING LAB products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by GROKING LAB or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of GROKING LAB. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No GROKING LAB reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
E) Implied Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
F) Limitation of Damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, GROKING LAB SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF GROKING LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless GROKING LAB and its officers, directors, employees, agents, affiliates, suppliers, representatives, sub-licensees, successors, assigns, and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (a) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (b) Your access to or use of the Website, Applications, Products or Services; (c) Your provision to GROKING LAB or any of the Indemnified Parties of information or other data; (d) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (e) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
17.GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Hong Kong, and shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES,OR THE USE OF THE PRODUCTS, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE DATE OF THE PURCHASE OF THE PRODUCT OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SECTION WILL BE OF THE EXCLUSIVE JURIDICTION OF HONG KONG ; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
A) Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by GROKING LAB. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1 to 5, 12,14 to 19 will survive any termination of this Agreement.
B) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website, Applications, Products and Services. Subsequent to termination, GROKING LAB reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website, Applications and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
C) Legal Action
If GROKING LAB, in GROKING LAB’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, GROKING LAB will be entitled to recover from You as part of such legal action, and You agree to pay, GROKING LAB’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The GROKING LAB Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. GROKING LAB shall give any notice by email sent to the most recent email address, if any, provided by You to GROKING LAB. You agree that any notice received from GROKING LAB electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH GROKING LAB IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY GROKING LAB OF AN EMAIL TO THAT ADDRESS. You shall give any notice to GROKING LAB by means of: (a) mail, postage prepaid, to GROKING LAB Block B, 1/F Chuan Yuan Factory Building, 342 Kwun Tong Road, Hong Kong; or (b) email to: email@example.com. Notice to GROKING LAB shall be effective upon receipt of notice by GROKING LAB.
This Agreement constitutes the entire agreement between GROKING LAB and You concerning Your use of the Services and Products. This Agreement may only be modified by a written amendment signed by an authorized executive of GROKING LAB or by the unilateral amendment of this Agreement by GROKING LAB and by the posting by GROKING LAB of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. GROKING LAB may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of GROKING LAB. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and GROKING LAB are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the GROKING LAB Parties and the Indemnified Parties, and GROKING LAB’s licensors and suppliers as and to the extent expressly set forth in Section, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to GROKING LAB and GROKING LAB’s licensors and suppliers, and would therefore entitle GROKING LAB or GROKING LAB’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.