Last updated: 08/05/2021
NOTE: USE OF THE SERVICES REQUIRES CONSUMERS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. THESE TERMS CONTAIN A CLASS ACTION ARBITRATION WAIVER. Please refer to the arbitration policy and waiver below.
JOICOM Corporation, its subsidiaries and/or affiliates ("Renpho", "we", "us" or "our") may provide products and services to you when you use Renpho applications for mobile, or use software provided by Renpho in connection with its products or services (collectively, "Services"). Renpho provides the Services subject to the following terms (these “Terms”).
By using the Services, you agree to these terms. Please read them carefully.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CAN'T USE OR ACCESS THE SERVICES IN ANY MANNER. YOUR USE OF THE SERVICES IN ANY WAY INDICATES YOUR ACCEPTANCE OF THESE TERMS, AND AGREEMENT THAT THESE TERMS WILL REMAIN IN EFFECT AT ALL TIMES UNLESS OTHERWISE MODIFIED BY US WHILE YOU USE THE SERVICES.
All content displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services, text, graphics, articles, photos, images, illustrations, User Submissions, and so forth is the property of Renpho and protected by U.S. and international copyright laws, and other intellectual property laws, as applicable. You understand that Renpho owns all rights, title and interests in and to the Services.
The licenses granted by Renpho herein shall automatically terminate if you do not comply with these Terms.
No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written approval of Renpho. This license does not include, and you must not:
1. Republish material from the Services (including republication on another website), sell, rent or sub-license material from the Services
2. Show any material from the Services in public
3. Reproduce, duplicate, copy or otherwise exploit material on the Services for a commercial purpose
4. Edit or otherwise modify any material on the Services
5. Redistribute material from the Services except for content specifically and expressly made available for redistribution
Unless otherwise stated, Renpho and/or its licensors own the intellectual property rights in the Services and material on the Services, and all rights not expressly granted in these Terms are reserved by Renpho. You understand that Renpho owns the Services. You will not attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
Renpho may make Mobile Applications available for use with mobile devices. To use a Mobile Application you must have a compatible mobile device. Renpho does not warrant that any Mobile Application made available to you will be compatible with your mobile device. Renpho hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Renpho may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Renpho and its third-party licensors or suppliers retain all right, title, and interest in and to any Mobile Application (and any copy of the Mobile Application) Renpho may make available to you. Standard carrier data charges may apply to your use of the Mobile Application.
SERVICE DESCRIPTIONS AND UPDATES
Renpho attempts to be as accurate as possible. However we do not warrant that descriptions are accurate, complete, reliable, current, or error-free.
The Services may change over time, as we improve them. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice
Assumption of Risk
You knowingly and freely assume all risk when using the Services. You agree that your use of the Services is at your sole risk. You will not hold Renpho or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Services may contain bugs, errors, problems, or other limitations.
You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Renpho and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
LIMITATION OF LIABILITY
The Services and mobile application are provided "AS IS" and with all faults. To the fullest extent permitted by law, Renpho, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Renpho nor its licensors or suppliers warrants that the Services will meet your requirements, or that the operation of the Services will be uninterrupted or error-free. Renpho does not warrant that the Services, information, content, materials, products (including software) or other services included on or made available through the Services, or electronic communications sent from Renpho are free of viruses or other harmful components.
To the fullest extent permitted by law, Renpho will not be liable for damages of any kind arising from Services, information, content, materials, products (including software) or other services unless otherwise specified in writing. Renpho disclaims all implied liability for damages arising out of the furnishing of the Services pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Services, whether caused by acts of commission or omission, or any other damage occurring. Renpho, and its licensors and suppliers, shall not be liable for any claims arising from your use with the Services, including any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Renpho, Company Parties, or Renpho users, or their agents or representatives. 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. 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 Renpho and you. The Services would not be provided without such limitations.
DISCLAIMER OF MEDICAL LIABILITY
YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK. THESE SERVICES AND ANY MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT PRESENTED ON THE SITES OR MOBILE APPLICATIONS. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. AS SET FORTH MORE FULLY BELOW, RENPHO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THESE THE SERVICES AND ANY MATERIALS.
Application of Disclaimers
Renpho’s 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.
If you are under 18, you may use the Services only with involvement and consent of a parent or guardian. Renpho reserves the right to refuse service, terminate accounts, terminate your rights to use Renpho Services, remove or edit content, or cancel orders in its sole discretion.
You may be asked to provide a username, password, and possibly other information to secure your Account. You are solely responsible for maintaining the confidentiality of your password and restricting access to your Account. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Services. You agree to notify Renpho immediately of any unauthorized use of your Account. Renpho shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Renpho, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new charges upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Your use of the Services following such notification constitutes your acceptance of any changed or new charges.
REVIEWS, COMMENTS, AND OTHER CONTENT
You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Renpho reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Renpho a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media format. You grant Renpho and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Renpho for all claims resulting from content you supply. Renpho has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion. Renpho takes no responsibility and assumes no liability for any content posted by you or any third party.
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in any manners that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions:
You may not use the Services or interact with the Services in a manner that:
1. Infringes or violates the intellectual property rights or any other rights of anyone else;
2. Violates any law or regulation;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your account or anyone else’s;
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
7. Runs any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
8. “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
9. Copies or stores any significant portion of the Content (as defined below);
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
THIRD PARTY WEBSITES, APPS, AND SOFTWARE
Renpho disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third party websites.
You accept that Renpho has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Renpho’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the Services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the disclaimers in these Terms will protect Renpho’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Renpho and the Company Parties.
The Indemnitees each have the individual 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 any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
CHANGES TO THESE TERMS
These Terms may change at any time during our Services. In the event that we need to change these Terms, we may place a notice on the Website and may also send you a notification via electronic mail. If you do not agree with any new terms, you may reject them and discontinue use of the Services. If you do not accept any changes, additional or modifications to these Terms you cannot continue to use the Services.. Your continued use of the Service after any change to these Terms means you agree to all of the changes.
Changes, amendments, or modifications made to these Terms are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.
You are free to stop using the Services at any time. Without limiting any other provision of this Agreement, Renpho reserves the right to, in Renpho’s sole discretion and without notice or liability, deny use of the Services to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Renpho.
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 Services. Upon termination, Renpho may, but has no obligation to, in Renpho’s sole discretion, rescind any Services and/or delete from Renpho’s systems all your Personal Information and any other files or information that you made available to Renpho or that otherwise relate to your use of the Services. You understand and agree that we may or may not delete your Content in the event that you stop using the Services. You understand and agree that we may retain copies of personal submissions and/or device submissions and other content indefinitely, subject to applicable law.
Upon termination, you shall cease any use of the Services. After termination, Renpho reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.
If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
For the limited product warranty for Renpho products, please see https://renpho.com/pages/warranty-terms-and-conditions. Additionally, if you purchased the Product in the EU, then your purchase is subject to your statutory right to have it replaced or repaired within a two (2) year period of receipt of the Product if the Product develops a fault or does not operate as advertised.
If you have purchased the product while you are located in Spain, then your purchase is subject to your statutory right to have it replaced or repaired within a Three (3) year period of receipt of the Product if the Product develops a fault or does not operate as advertised.
When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign, subcontract, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Renpho’s prior written consent. We may transfer, sub-contract,assign, or delegate these Terms and our rights and obligations without consent or notice
Opt-out. You retain the right to opt out of arbitration entirely and litigate any dispute otherwise subject to arbitration if you provide us with written notice of your desire to do so by regular mail sent to the attention of Renpho’s Customer Service, located at Renpho Customer Support, 14129 The Merge Street, Building 3 Ste A, Eastvale, CA 92880 within 30 days of when You first agree to these terms.
Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to Renpho Customer Support, 14129 The Merge Street, Building 3 Ste A, Eastvale, CA 92880. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 60 days after receipt of the Notice, then you or we may initiate arbitration proceedings.
Arbitration Rules. You and we mutually agree that any Disputes shall be settled by binding arbitration before a single arbitrator. In the U.S., the arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any claim. Any claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and us, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of small claims matters as described below, you and we hereby waive the right to assert any claim in any court. As set out in below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator. During the arbitration, both you and we may take one deposition of the opposing party, limited to 4 hours. Unless we and you agree otherwise, any arbitration hearings for claims of $10,000 or less, will be conducted solely on the basis of (i) documents submitted to the arbitrator, or (ii) through a telephonic hearing, except if the arbitrator requires otherwise. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Judgment on the award rendered by the arbitrator may be entered in any Court of Competent Jurisdiction.
Class Action Waiver. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.
Severability. If an arbitrator or court of Competent Jurisdiction decides that any part of this arbitration provision is invalid or unenforceable, the other parts of the provision will still apply.
Export Control. You agree to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to assure that neither the mobile applicable nor any direct product thereof or Service is (1) exported, directly or indirectly, in violation of Export Laws; or (2) are used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
GOVERNING LAW; VENUE FOR ANY JUDICIAL PROCEEDING
For U.S. Disputes that are not required to be arbitrated, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in California and shall be governed by and construed in accordance with the laws of California without regard to its conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Orange County, California. The parties stipulate to and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
For International Disputes that are not required to be arbitrated, 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. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Hong Kong. The parties stipulate to and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
All notices required or permitted to be given under this Agreement must be in writing. Renpho shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Renpho. You agree that any notice received from Renpho 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 Renpho is accurate and current, and notice to you shall be deemed effective upon the sending by Renpho of an email to that address. You shall give any notice to Renpho by submitting said notice to us at email@example.com.
NO THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Renpho’s licensors and suppliers (to the extent expressly stated in this Agreement.
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.