TERMS OF SERVICE


OVERVIEW


The following terms and conditions (the “Terms” or “Terms of Service”) govern all use of the cloud.raise3d.com website (the “Site”) and the services available on or at the Site or through the use of any software and firmware (including all related documentation, the “Software”) utilized in operating any printer manufactured by Licensor, including the Pro2, the Pro2 Plus, the N2 FFF, the N2 Plus FFF and the N1 FFF (collectively “Raise3D Machine”) (herein taken collectively, all use of and services available via the Site or the Software are referred to as the “Service”). The Service, Site and Software are owned and operated by Raise3D, Inc. and its affiliated companies and subsidiaries (“Raise3D”, “we”, “our”, “us”). The Service is offered subject to your (“you”, “your”) acceptance and without modification of the Terms set forth herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Raise3D or provided to you via updates to or alerts from the Software. If you do not agree to the Terms, do not use the Site or the Service.

Please read the Terms of Service carefully before accessing or using the Site and the Service. By accessing the Site or using the Service, you agree to be bound by the Terms of Service. If you use the Service, you are consider a “User.”

Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You are encouraged review the most up-to-date version of this Terms of Service regularly. We reserve the right to update, change, amend or replace any part of the Terms of Service by posting updates and/or changes to the Site or Software without notice. It is your responsibility to check the Site periodically for changes. Your continued access and use of the Service following the posting of any changes constitutes you acceptance of those changes.

The headings used in the Terms of Service are included for convenience only and do not limit or otherwise affect this Terms of Service.

SECTION 1 – ACCEPTANCE


By accepting this Terms of Service, you certify that you are at least the age of majority in your state or province of residence. You also certify that you are legally permitted to use the Service, and take full responsibility for the selection and use of the Service. The Terms are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

You may neither access the Site or use the Service for any illegal or unauthorized purpose, nor access the Site or use the Service in the manner that may violate any laws in your jurisdiction (including but not limited to copyright laws) or laws of the People’s Republic of China (hereinafter referred to as the “PRC Laws”; for the purpose hereof, excluding laws of Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan).

A breach or violation of any of the Terms will result in an immediate termination of your access to the Service and you may be prohibited from all future use of the Service.


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse the Service to anyone for any reason at any time at our sole discretion. You understand that, in accordance with our Policy Privacy, your content (including but not limited to any information you provided on the Site or Software, or which we otherwise collect as allowed by the governing law set forth in Section 18) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. See Section 10 for a discussion of our Privacy Policies.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without express prior written permission by us.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible in whatsoever manner with respect to the contents of the Site or Software. The material on the Site and Software is only provided for general reference and you should always verify the information set out on this website or on the Software before acting or relying thereon. Any reliance on any content on this website or on the Software is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We shall by no means undertake or assume any liability for losses or damages of any kind, whether direct or indirect, that you may suffer as a result of your use of the Site, the Service or your reliance upon the contents of the Site including but not limited to computer service or system failure, access delays or interruption, data non-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the Service or the Site arising from “hacking” or otherwise.

We shall by no means undertake or assume any liability for losses or damages of any kind, whether direct or indirect, that you may suffer as a result of your use of the Service or your reliance upon the contents of the Site or Software including but not limited to computer service or system failure, access delays or interruption, data non-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the Service arising from “hacking” or otherwise.

We reserve the right to update, modify or delete any content, including but not limited to any functions provided by the Service, at any time without notice, and we have no obligation to update any information including but not limited to the functions which have been updated, modified or deleted.

You agree that it is your responsibility to monitor changes to the Service.

The Service is made available on the basis that all liabilities whatsoever for any loss or damage arising out of or in connection with your access to or usage of the Service, or reliance upon the contents of the or on the Software, is excluded to the fullest extent permitted by law, including the PRC Laws.

You use the Service at your own risk, if you are dissatisfied with the Service, do not access or use the Service.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for the Service are subject to change at our own discretion without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the Terms as modified. If you do not agree with the modified Terms, do not access or use the Service.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service (or any part or content thereof).


SECTION 5 – SERVICES


We reserve the right to limit the ability to access or use, or the sales of, when applicable, the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of the Service offered. All descriptions of pricing pertaining to the Service are subject to change at any time without notice, at our discretion. We reserve the right to suspend or stop any portion of the Service hereunder at any time. Any offer for any portion of the Service made on the Site is null and void where prohibited.

1.Services of the Site
Some portions of the Service are provided exclusively online through the Site. Additionally, some portions of the Service that are provided exclusively online through the Site may be provided only on a subscription basis. Any amount you pay for use of the subscription-based portion of the Services is not refundable without prior written consent from us.

We neither warrant that the quality of the Service purchased or obtained by you will meet your expectations, nor warrant that any errors in the Service will be corrected to the extent allowable by law.

2.Services of the Software
Some portions of the Service are provided exclusively through the Software. Details of the portions of the Service that are provided exclusively through the Software are set forth in the End User License Agreement. To view the End User License Agreement, please visit https://www.raise3d.com/pages/raise3d-software-firmware-license-agreement.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order pertaining to the Service that you place with us. We may, at our sole discretion, limit or cancel your use of or access to any portion of the Service for which payment has been received. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address, etc. We reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made using the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 7 - OPTIONAL TOOLS


We may also, in the future, offer new services and/or features through the Site or Software (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms of Service.


SECTION 8 - THIRD-PARTY LINKS


Certain content, products and services available via the Service may include materials from third-parties. In addition, we may provide you with access to third-party tools or services, however, we do not monitor, provide input regarding or have any control over such third-party tools or services.

You acknowledge and agree that we provide access to such tools or services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools or services.

Any use by you of such third-party tools or services offered through the Site or in any way related to your use of the Service is entirely at your own risk and discretion and you agree to be bound by the terms and conditions set forth for such third-party tools or services including but not limited to their terms of service.

Third-party links accessible via the Service may direct you to third-party websites and such third-party websites shall not be deemed as affiliates of us unless specifically noted. We do not endorse or approve and have no responsibilities for the content of such third-party websites and you access these at your own risk. We do not make any representation regarding accuracy, legality or authenticity of any information presented by such third-party websites. We do not accept any liability for losses or damages suffered as a result of access to or use of such third-party websites. Please note, such third-party websites may have their own terms of service, conditions and privacy policies, which will apply to your access and use thereof; we are not responsible for any such third-party website content or conduct. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

No authority (implied or expressly) is given by us or the contributors to any portion of the Service to deep link, frame or similar any of the content that appears on the Site or to use a representation of any of our names or logos, trademarks, brand names contained on the Site. We reserve the right to prohibit links to the Site, at any time at our absolute discretion.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (hereinafter collectively referred to as the “Comments”), you agree that we may, at any time and permanently, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any the Comments that you forward to us. We are and shall be under no obligation to: (1) maintain any of the Comments in confidence; (2) pay compensation for any of the Comments; or (3) respond to any of the Comments.

We may (but are not obliged to) evaluate any of the Comments you provide to us. We may (but are not obliged to) monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes any party’s intellectual property or the Terms of Service.

You warrant that the Comments do not violate any right of any third-party, including copyright, trademark, privacy, personal privacy or other personal or proprietary right. You further agree that the Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of the Comments. You are solely responsible for the Comments and their accuracy, legality and authenticity. We take no responsibility and assume no liability for the Comments.


SECTION 10 - PERSONAL INFORMATION


Your submission of personal information to the Site is governed by our RaiseCloud Privacy Policy. To view our RaiseCloud Privacy Policy, please visit:https://cloud.raise3d.com/html/privacy.html. In addition, your submission of personal information to the Software is governed by our General Privacy Policy. To view our General Privacy Policy, please visit https://www.raise3d.com/pages/terms-conditions.

Unless otherwise indicated herein or set forth in our Privacy Policies, we neither solicit nor do we wish to receive any confidential, secret or proprietary information or materials from you through the Service, by email, or in any other way. Any information or material submitted by you to us through the Site that has not been specifically requested by us will be deemed not to be confidential, secret or proprietary. You hereby acknowledge and agree that any information or materials submitted by you through the Service, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatsoever purpose we deem appropriate and without payment of any sum or acknowledgement of you as their source.

You warrant that any moral rights in any material that you post to the Service have been irrevocably waived by the corresponding authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW.

You understand that you are responsible for maintaining the confidentiality of your username and password for any portion of the Service where required. We are not responsible for any loss of information if you provide your username and password to any person who uses your username and password to access information you have provided to the Service. We reserve the right to require you to change your password at our discretion. Additionally, you understand that if you participate in a transaction with a third-party to sell any device that stores information pertaining to Raise3D and you do not remove the information prior to the transaction, we are not responsible for any lost information, including a loss of confidentiality thereof, if the third-party obtains such information.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information provided while using the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided by the Service, while using the Service or on any related website is inaccurate at any time without prior notice (including cancellation thereof after you have submitted your order(s)).

We undertake no obligation to update, amend or clarify information provided the Service or on any related website concerning, including without limitation, pricing information, except as required by law. We make no warranty on the timeliness of any update pertaining to the Service.


SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet; (l) to make any use of this website so that this website is interrupted, damaged or rendered less efficient, or the functionality of the Site is in any way impaired. We reserve the right to terminate your right to use or access the Service or any related website for violating any of the prohibited uses.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received such third party’s consent in relation to such disclosure and that such third party has been informed of, and agrees to, our RaiseCloud Privacy Policy, our General Privacy Policy and the uses which we may make of such information.

You must not transmit any worms, viruses or any software code of a destructive nature.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We are not responsible for any third party’s infringement claim against you. We make no warranty or representation on the timelines, persistence, accuracy, security or validity of your use of the Service.

You agree that from time to time we may remove or suspend access to the Service for indefinite periods of time. With respect to payment received for access to portions of the Service requiring a subscription, a refund will be provided on a pro rata basis when such portions of the Service have been removed or suspended for 30 days. You agree that we may cancel the Service at any time, and with respect to payment received for access to portions of the Service requiring a subscription, a refund will be provided on a pro rata basis.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service delivered to you hereof (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:

1. the Service will be secure or available at any particular time or location;

2. any and all errors for which are we responsible will be corrected;

3. the Service will always be free of viruses or other harmful materials; or

4. the results of using the Service will meet your expectations. You use the Service solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

In no case shall Raise3D, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by the governing law as set forth in Section 18.




SECTION 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Raise3D, Inc., and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of the Terms of Service or the documents they incorporate by reference, (ii) your use (or misuse) of the Service, (iii) your infringement of someone else’s rights as a result of your use (or misuse) of the Service, or (iv) or your violation of any law or the rights of a third-party. You agree to cooperate with us in the defense of any claim, although we retain the exclusive right to settle. You shall not settle any such claim without our prior written approval. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.


SECTION 15 - SEVERABILITY


In the event that any provision of the Terms of Service is determined to be unlawful, invalid or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service. A determination to severe a portion of the Terms of Service shall not affect the legitimacy, validity and enforceability of any other remaining provision.


SECTION 16 - TERMINATION


The Terms of Service are effective with respect to your access and use of the Service unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms of Service, we may terminate your right to access and use the Service at any time without notice and you will remain liable for any damage or liability incurred leading up to or as a result of the termination.


SECTION 17 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service and any policies or operating rules posted on the Site, through the Software or with respect to use of the Service constitutes the entire agreement and governs your access and use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of this Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW


The Terms are governed by and construed as follows:



(a) Except to the extent expressly provided in this Section 18, the Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Orange County. You waive any and all objections to the exercise of jurisdiction over you by those courts and to venue in those courts;

(b) If (i) you are a non-US citizen; (ii) you reside outside of the US; (iii) you are a non-citizen of the People’s Republic of China; and (iv) you are accessing or using the Service outside of the People’s Republic of China, you hereby agree that any dispute or claim arising from the Terms shall be governed by, without regard to any conflict of law provisions, the governing law and forum shall be the laws and courts of your usual place of residence, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located therein;

(c) If (i) you are a citizen of the People’s Republic of China; or (ii) you are accessing or using the Service in the People’s Republic of China, the Terms shall be interpreted in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Any dispute arising from or relating to the Terms, including the existence, validity or termination of the Terms, shall be adjudicated by the Hong Kong International Arbitration Centre (HKIAC). This tribunal shall be formed by one (1) arbitrator nominated by the chairman of the HKIAC and the proceedings shall be conducted in English.




SECTION 19 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at legal@raise3d.com.