Product Information

19Version 01. SMACGI-D05-A1
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I)
THE USE OR THE INABILITY TO USE THE SERVICE OR PRODUCT PURCHASED THROUGH
THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED (INCLUDING, WITHOUT LIMITATION ANY CHEMICALS OR OTHER PRODUCT
PURCHASED THROUGH THE SERVICES) OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE
LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE
OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SERVICE.
Furthermore, in no event will SmartAC, its Representatives, Employees, Investors, or
Distributors be liable to you in the event: (I) you sustain or incur any damages, expenses,
costs, loss of savings, loss of property, loss or interruption of power supply, arising from
any act or omission in performing your obligations under this Agreement, (II) for any loss
or damages in connection with the third party equipment during performance or non-
performance of your SmartAC Services, (III) if you modify the SmartAC device for any
purpose not identied or contrary to the terms and conditions of this Agreement, (IV) for the
failure of your air conditioning, cooling units or any other machinery or equipment that the
SmartAC Hardware is installed on, (V) any failure or inability to save or reduce the cooling
energy costs due to malfunction or defect in the air conditioner, cooling unit, machinery,
equipment, or as result of environmental factors, or happening of any event or any other
reason whatsoever not directly connected or associated with the SmartAC Device, (VI) for
any damage sustained to the SmartAC Device or any delay or failure to perform Services
due to Force Majeure. For the purpose of this clause Force Majeure shall mean unforeseen
circumstances beyond the reasonable control of SmartAC (or its Representatives),
including but not limited to any act of God, enactment or change of any law or regulation, act
of government or any authorities, hostilities between nations, war, riot, civil commotions,
civil war, insurrection, blockades, import or export regulations or embargoes, rainstorms,
national emergency, earthquake, res, explosion, flooding, hurricane or other exceptional
weather conditions or natural disaster, acts of terrorism, accidents, sabotages, strikes,
shortages in material or supply, infectious diseases, epidemics, as well as travel restrictions
or travel warnings due to any such events.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS
IT AFFECTS YOUR RIGHTS.
A. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service
as the “Arbitration Agreement.” You agree that any and all disputes or claims that have
arisen or may arise between you and the Company, whether arising out of or relating to
this Terms of Service (including any alleged breach thereof), the Services, any advertising,
any aspect of the relationship or transactions between us, shall be resolved exclusively
through nal and binding arbitration, rather than a court, in accordance with the terms of