Terms & Conditions
Terms
These Terms and Conditions constitute a binding agreement between e32 Technology Inc. (“Company,” “we,” “our,” or “us,”) and you (“user,” “you,” or “your”) in connection with the use of www.e32tech.com or www.smilewear.com (“site or “sites”), mobile or web application (“app” or “apps”), platform, or products/services. Sites, apps, platform, and products/services are collectively referred to herein as “Services.” Our Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our Services constitutes your agreement to all such Terms.
Privacy
Your use of our Services is subject to our Privacy Policy. Please review the Privacy Policy, which also governs the Services and informs users of our data collection practices.
Electronic Communications
Accessing or using our Services or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Services only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Our Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents or products/services of any Linked Sites, including without limitation any link contained in Linked Sites, or any changes or updates to Linked Sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the sites or any association with its operators.
Certain products/services made available via our Site(s), apps, or platform may be delivered by third party sites and organizations. By using any product, service or functionality originating from our Site(s), apps, or platform, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of users.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of our Services, you warrant to the Company that you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not use our Services in any manner which could damage, disable, overburden, or impair our Services or interfere with any other party's use and enjoyment
of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.
All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on our Services, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found from our Services. The Company’s content is not for resale. Your use of our Services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Our Services is controlled, operated, and administered by the Company from our offices within the U.S. If you access our Services from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use our Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Warranty Disclaimer
We hereby represent and warrant to you that Juvee products will be free from material defects in materials and workmanship under normal use and will operate substantially in accordance with the specifications and any instructions provided by the Company (“Limited Warranty”) for a period of ninety (30) days from the delivery date of Juvee products (“Warranty Period”).
The Limited Warranty will not apply if the defect(s) relate to (a) normal wear and tear, (b) defects caused by knowing or intentional misuse, (c) non-compliance with the terms of these Terms, or (d) willful or deliberate damage.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPNAY MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.
THE COMPNAY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES CONTAINED ON OUR SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITES, WITH THE DELAY OR INABILITY TO USE OUR SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OBTAINED THROUGH OUR SITES OR OTHERWISE ARISING OUT OF THE USE OF OUR SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITES.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH, OUR SERVICES, INCLUDING JUVEE PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING, OR USAGE OF TRADE PRACTICE. THE COMPANY DOES NOT GUARANTEE THAT OUR SITES, APPS, OR PLATFORM WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE FREE OF BUGS, MALFUNCTIONS, SECURITY BREACHES, VIRUS ATTACKS, OR ILLEGAL PENETRATIONS. OUR SITES, APPS, OR PLATFORM MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. THE COMPANY DOES NOT WARRANT THAT ANY OF THE AFOREMENTIONED ISSUES WILL BE CORRECTED. YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHER THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS.
YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES, INCLUDING JUVEE PRODUCTS, IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU OR OTHER THIRD PARTY THAT RESULT FROM (I) YOUR USE OF (OR INABILITY TO USE) OUR SERVICES, INCLUDING JUVEE PRODUCTS, OR (II) YOUR NEGLECT OR MISUSE OF OUR SERVICES, INCLUDING JUVEE PRODUCTS.
Termination/Access Restriction
We reserve the right, in its sole discretion, to terminate your access to our Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of our Services. Use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of our Services. Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Services or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to our Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to our Services.
Changes to Terms
We reserve the right, in its sole discretion, to change the Terms under which our Services is offered. The most current version of the Terms will supersede all previous versions.
We welcome your questions or comments regarding the Terms. Our contact information is on the Contact Us page on the Site(s).
Last Updated: Aug 2024