FIGUR8, INC. (“FIGUR8,” “WE,” “US,” OR “OUR”) PROVIDES ITS PRODUCTS AND SERVICES TO YOU THROUGH ITS WEBSITE LOCATED AT WWW.FIGUR8TECH.COM. BY VISITING OUR SITE AND/ OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE.

  1. GENERAL TERMS
    You agree not to reproduce, duplicate, copy, sell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

  2. PRODUCTS
    We reserve the right to limit the sales of our products 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 quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
  1. PERSONAL INFORMATION
    Your submission of personal information through the store is governed by our Privacy Policy.
  1. ERRORS, INACCURACIES AND OMISSIONS
    Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate 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 in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law.
  1. USE SERVICE AT YOUR OWN RISK
    Use of the figur8 service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the figur8 service.
  1. RESEARCH AND DEVELOPMENT PURPOSE ONLY
    The product is for research and development purpose only, for use by trained personnel in approved environments. Residential use is prohibited.

  2. NO MEDICAL ADVICE
    This product is not a medical device, and is not intended to diagnose, treat, cure, or prevent any medical condition. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
  1. RETURNS AND WARRANTY
    There are no product returns or refund after an order placement. Figur8’s Returns and Warranty Policy apply to purchases made from www.figur8tech.com. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Figur8’s acceptance. We may accept, decline, or place limits on your order for any reason.
  1. CHANGES TO THE FIGUR8 SERVICE
    Figur8 may change or discontinue, temporarily or permanently, any feature or component of the figur8 service at any time without notice. figur8 is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the figur8 service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by figur8 products without prior notice to you.
  1. DISCLAIMERS
    THE FIGUR8 SERVICE AND FIGUR8 CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE FIGUR8 SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the figur8 service or figur8 Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the figur8 service or any figur8 Content.
  1. INDEMNITY
    You will indemnify and hold harmless figur8 or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the figur8 service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  1. LIMITATION OF LIABILITY
    NEITHER FIGUR8, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FIGUR8 SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FIGUR8 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIGUR8 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    IN NO EVENT WILL FIGUR8’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FIGUR8 SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FIGUR8 FOR USE OF THE FIGUR8 SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FIGUR8, AS APPLICABLE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  1. GOVERNING LAW
    This Limited Warranty shall be governed by the laws of the State of Massachusetts, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
    1. CONTACT INFORMATION
      Please contact us at info@figur8tech.com if you have any questions about these terms.