Terms of Use

Aliph, Inc. ("Aliph", "Jawbone", or "We") grants you the right to use this website ("Site") subject to the terms and conditions of use ("Terms of Use" or "Agreement") set forth below. THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE SITE IS GOVERNED BY THE TERMS OF SALE.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

  1. LICENSE. Aliph owns and operates the Site. The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. Aliph grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Aliph. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Aliph and its suppliers reserve all rights not granted in these Terms of Use.


  2. TRADEMARKS. "Jawbone" and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Aliph and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.


  3. MODIFICATION. Aliph reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Aliph will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.


  4. FEEDBACK. Aliph will treat any feedback or suggestions you provide to Aliph as non-confidential and non-proprietary. THUS, IN THE ABSENCE OF A WRITTEN AGREEMENT WITH ALIPH TO THE CONTRARY, YOU HEREBY ASSIGN ALL RIGHTS IN ANY FEEDBACK OR SUGGESTIONS YOU PROVIDE TO ALIPH.


  5. PRIVACY. Aliph's Privacy Policy, which is available at http://www.jawbone.com/privacy.aspx, is hereby incorporated into these Terms of Use.


  6. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of Aliph. Aliph is not responsible for the content of any third party web site or any link contained in a third party web site. Aliph provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.


  7. LIMITED WARRANTY. Aliph provides a limited one year warranty on Products purchased through the Site, as described on our Warranty page [http://www.jawbone.com/warranty.aspx]. EXCEPT AS PROVIDED ON OUR WARRANTY PAGE (WHICH IS HEREBY INCORPORATED INTO THESE TERMS), ALIPH DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFIRNGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY./li>

  8. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. EXCEPT PURSUANT TO THE TERMS OF SALE, COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).


  9. AMENDMENT. Aliph may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.


  10. GENERAL PROVISIONS. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any principles that require the application of the law of a different jurisdiction. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for San Francisco county, California, and you agree that any claim brought by you pursuant to these Terms of Use will be brought solely in those courts and no other court.


If you have any questions about the foregoing, please contact us at the following e-mail address: info@aliph.com.
 
TERMS OF SALE
These Terms of Sale (these "Terms") apply to the sale of products and services (collectively, "Products") by Aliph, Inc. through the Site. Any capitalized terms not defined herein are defined in the Terms of Use. By purchasing any Product from Aliph, you agree to these Terms.

  • Price and Payment. You agree to pay the price for the Product(s) you order, as specified on the Site. All prices are quoted on the Site exclusive of federal, state, or local excise, sales, use, or similar taxes, or any export or import fees, customs duties and similar charges applicable to the sale or to the products sold, except taxes based upon Aliph's net income ("Taxes"). Aliph may collect Taxes with respect to certain jurisdictions. You agree to pay any and all Taxes, applicable shipping and handling fees, and other charges incidental to the purchase or sale of the Product. Without limiting other remedies, Aliph reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.


  • Orders; Delivery; Title, and Risk of Loss. Your order is subject to cancellation by Aliph, in its sole discretion. Aliph is not responsible for pricing, typographical, or other errors in any offer by Aliph and reserves the right to cancel any orders resulting from such errors. Delivery dates are estimates only. Delivery of each order is subject to availability of the Products. Aliph may deliver partial shipments. The risk of loss and title to Products passes from Aliph to you upon shipment from our facility.


  • Acceptance and Returns. Pursuant to the terms of this Section, you may return any Product purchased through the Site, for any reason or no reason, within sixty (60) days of the date the Product is shipped to you. You must obtain an RMA (return merchandise authorization) before returning or exchanging your Product, for which you will need a receipt and proof of purchase. You may request an RMA by sending a message via our support form within sixty (60) days after we shipped your Product to you. You must follow the RMA return procedures provided by Aliph. You must pay any costs of shipping and insuring the Product to Aliph. After Aliph has received your return and confirmed that all components of the Product are included in your return and undamaged, Aliph will refund you the amount you paid Aliph for the Product (excluding shipping and handling fees and other charges (to the extent you paid any). If we do not receive an RMA request from you within sixty (60) days after the ship date, the Product will be deemed to be irrevocably accepted by you.


  • Limited Warranty. Aliph provides a limited one year warranty on Products purchased through the Site, as described on our Warranty page [http://www.jawbone.com/warranty.aspx]. EXCEPT AS PROVIDED ON OUR WARRANTY PAGE (WHICH IS HEREBY INCORPORATED INTO THESE TERMS), ALIPH DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFIRNGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY.


  • Limitation of Liability. IN NO EVENT SHALL ALIPH OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, EVEN IF ALIPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF GOODWILL, OR LOSS OF PROFITS, ARISING OUT OF OR IN RELATION TO THESE TERMS, WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL ALIPH'S TOTAL, CUMULATIVE LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY HEREIN.


  • Governing Law; Jurisdiction and Venue. These Terms and any issues arising from or relating to the transactions governed hereby shall be governed by the law of California without regard to principles of law that would require the application of the laws of a different jurisdiction. The parties agree to the exclusive jurisdiction of the courts located in California for any action or proceeding arising from or relating to these Terms. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms and is hereby disclaimed.


  • General. If any provision hereof is held invalid, unenforceable or void in any respect, such provision shall be construed so as to render it enforceable and effective to the maximum extent possible, and the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. You agree to adhere to all legal requirements applicable to the Products, including U.S. export laws. The parties are independent contractors and nothing herein shall be construed to imply a partnership, joint venture, principal-agent, or employer-employee relationship between the parties. Neither party shall have the right, power, or authority to create any obligation, expressed or implied, on behalf of the other party. You may not assign, by operation of law or otherwise, any of its rights, or delegate any of its duties, under this Agreement to any third party without Aliph's prior written consent. Any assignment, delegation or transfer in violation of the foregoing will be null and void. This Agreement constitutes the entire agreement between the parties as to the subject matter hereof and supersedes and merges all prior or contemporaneous oral or written agreements, representations, statements, negotiations, understandings, proposals, and undertakings with respect to the subject matter of this Agreement.