WIFIGarden Legal

WiFigarden Legal

Find legal information and resources related to WiFigarden products and services.

Terms of Service

WiFigarden Inc. (“WiFigarden”) provide access to the WiFigarden website, WiFigarden devices, services, apps that facilitate their use
and any related services (“Services”), subject to the terms and conditions set
forth below, including all documents, policies, and guidelines incorporated
herein by reference. Please read this term of use carefully before entering the
site, and refer to these terms as necessary to use the Services. By visiting
the WiFigarden website and/or using the Services, you agree to these Terms of
Use.  If you disagree with any provision
contained herein, and/or do not wish to accept these conditions, do not visit
the WiFigarden web site or use the Services. 

WiFigarden is sometimes referred to herein as
"we", "us", "our", or "WiFigarden" and
the user is sometimes referred to as "you", "your",
"user" or "customer".

Although WiFigarden attempts to provide accurate information
on the WiFigarden website, WiFigarden assumes no responsibility for the
accuracy of the information. WiFigarden may change the Services mentioned at
any time without notice. Any change will be posted on the WiFigarden website.
Your continued use of the Service after this Terms of Use has changed in is your
acknowledgment and acceptance of the changed terms. As long as you comply with
these Terms of Use, WiFigarden grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.

Content; Intellectual Property Right

All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code
(collectively, “Content”), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of such
Content, contained on the site and Services are the intellectual property of
WiFigarden, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property laws, and international treaty
provisions.

Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, publicly performed by means of a digital audio or
video transmission, encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer, server, Website or other medium
for publication or distribution or for any commercial enterprise, without WiFigarden express prior written consent.

Any software that you download is governed by the license
terms accompanying the software or as otherwise specified.

You may use information on WiFigarden products and services
(such as data sheets, knowledge base articles, and similar materials) purposely
made available by WiFigarden for downloading from the Site, provided that you
(1) not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or
broadcast it in any media, (3) make no modifications to any such information,
and (4) not make any additional representations or warranties relating to such
documents.

Your Use of the Site

Unless otherwise specified, the Services are for your
personal use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from the Services.

You may use the Services only for lawful, proper and
appropriate purposes. You may not use our Services in any way that is illegal,
improper or inappropriate.

You may not use any “deep-link”, “page-scrape”, “robot”,
“spider” or other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or monitor any
portion of the Site or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any Content, to obtain or
attempt to obtain any materials, documents or information through any means not
purposely made available through the Site. WiFigarden reserves the right to bar
any such activity.

You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems or networks connected to
the Site or to any WiFigarden server, or to any of the services offered on or
through the Site, by hacking, password “mining” or any other illegitimate
means.

You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor breach the security or
authentication measures on the Site or any network connected to the Site. You
may not reverse look-up, trace or seek to trace any information on any other
user of or visitor to the Site, or any other customer of WiFigarden, including
any WiFigarden account not owned by you, to its source, or exploit the Site or
any service or information made available or offered by or through the Site, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own
information, as provided for by the Site.

You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Site
or WiFigarden's systems or networks, or any systems or networks connected to
the Site or to WiFigarden.

You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site or any
transaction being conducted on the Site, or with any other person’s use of the
Site.

You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal you
send to WiFigarden on or through the Site or any service offered on or through
the Site. You may not pretend that you are, or that you represent, someone
else, or impersonate any other individual or entity.

You agree that WiFigarden may remove or block all
communications if we suspect a violation of this Terms of Use, or if we think
it necessary in order to protect our Services, or WiFigarden, its parent,
affiliates, directors, officers, agents, and employees from harm.

We may disclose your personal information, any
communications sent or received by you, and any other information that we may
have about your account, including but not limited to, types of service, length
of service, MAC address(es), IP address(es), email address(es), and all other
account information, as follows:
(i) in response to law enforcement or other governmental agency requests;
(ii) as required by law, regulation, rule, subpoena, search warrant, or court
order;
(iii) as necessary to identify, contact, or bring legal action against someone
who may be misusing the service, the device, or both;
(iv) to protect WiFigarden's rights and property; or
(v) in emergency situations where disclosure of such information is necessary
to protect WiFigarden customers or third parties from imminent harm. 

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of the Site, including
contests, promotions or other similar features, all of which terms are made a
part of these Terms of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature. If there
is a conflict between these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion
of the Site or the specific service.
WiFigarden's obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such agreements.

WiFigarden may make changes to any products or services
offered on the Site, or to the applicable prices for any such products or
services, at any time, without notice. The materials on the Site with respect
to products and services may be out of date, and WiFigarden makes no commitment
to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective
immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site
may require you to registering a WiFigarden account (including setting up an
WiFigarden ID and password) to use the Services. You need to provide some
required personal information and proceed with related verifications, as may be
required by the communication regulations and statutes of different countries. You
agree to:
(a) provide true, accurate, current, and complete information about yourself.
(b) complete additional verification of your personal information as may be
required.
(c) maintain and promptly update your registration data to keep it true, accurate,
current, and complete. WiFigarden reserves the right to contact you directly to
provide assistance should you encounter problems using the Services. Accurate
information is very important for us to resolve your problems and improve our
service. You are responsible for all liability that may arise from your failure
to provide true, accurate, current and complete information and to maintain and
promptly update such information. If you provide any information that is, or we
have reasonable grounds to believe is, untrue, inaccurate, misleading, not
current, or incomplete, we may suspend or terminate your account and/or the
Services, or any portion thereof.


If any Services require a login email or password, then you
are entirely responsible for maintaining the confidentiality of the information
you hold for your account, including your password, and for any and all
activity that occurs under your account as a result of your failing to keep
this information secure and confidential. You agree to (i) notify WiFigarden
immediately of any unauthorized use of your account or password, or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session of online services. WiFigarden reserves the right to take any
and all action, as it deems necessary or reasonable, to ensure the security of
your account and our Services, including, without limitation, terminating your
account, changing your password, or requesting additional information to
authorize transactions on your account. You may be held liable for losses incurred
by WiFigarden or any other user of or visitor to the Services due to someone
else using your WiFigarden ID, password or account as a result of your failing
to keep your account information secure and confidential. WiFigarden will not
be liable for any loss or damage arising from your failure to comply with this
section.

You may not use anyone else’s WiFigarden ID, password or
account at any time without the express permission and consent of the holder of
that New Garden ID, password or account. WiFigarden cannot and will not be
liable for any loss or damage arising from your failure to comply with these
obligations.

Confidentiality

The Services contain proprietary and confidential
information of WiFigarden and its third party partners, including engineering
documents, manuals, software, program listings, data file printouts, and other
technical and marketing information. You agree to keep this information
confidential and to use the information solely for the purpose of using the
Services in accordance with this Terms of Use. You will not alter, decompile,
disassemble, reverse engineer, or modify any WiFigarden confidential and
proprietary information that you receive. 


Privacy

“WiFigarden's Privacy Policy” describes how we collects and
uses your personal information. WiFigarden's Privacy Policy applies to use of
this Site, and its terms are made a part of these Terms of Use by this
reference. We encourage you to carefully review the Policy before providing any
personal information on the WiFigarden website. To view New
Garden's Privacy Policy, click here. Additionally, by using the
Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there is a
special notice that a particular transmission (for example, credit card
information) is encrypted.

Links to Other Sites and to the WiFigarden Site

This Site may contain links to other independent third-party
Web sites that we think may be relevant and interesting to our users (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under WiFigarden's control, and WiFigarden
is not responsible for the content on the Linked Sites, and is not responsible
for the accuracy of the information and intellectual property notices therein. Some
of these Linked Sites may provide you with opportunities to purchase products.
We do not endorse any of the Products nor do we make any representations or
warranties in connection with the Products. You will need to make your own
independent judgment regarding your interaction with these Linked Sites.

Disclaimers

WIFIGARDEN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT,
SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. To THE MAXIMUM EXTENT PROVIDED BY LAW, The INFORMATION ON THE WIFIGARDEN
WEBSITE, AS WELL AS THE SERVICES,  ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” BASIS for YOUR use without
WARRANTIES or conditions of any kind. ALL INFORMATION PROVIDED ON THE SITE
IS SUBJECT TO CHANGE WITHOUT NOTICE. WIFIGARDEN CANNOT ENSURE THAT ANY FILES OR
OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION
OR DESTRUCTIVE FEATURES. NEW GARDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANT
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE or any warranty arising by usage of
trade, course of dealing or course of performance. WIFGARDEN
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY
NEW GARDEN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NEW GARDEN FOR DISSATISFACTION
WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
In addition, we do not warrant that the WiFigarden website, Services will be
without any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction of or unauthorized access to, alteration of, or
use, whether for breach of contract, tort, negligence or any other cause of
action.
WiFigarden reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site,
or any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance, error correction, or other
changes.

Due to the continual development of new techniques for
intruding upon and attacking networks, as well as capturing ingoing and
outgoing data, WiFigarden does not warrant that the services, or any equipment,
system or network on which the services are used will be free of vulnerability
to intrusion, attack or capturing of data. THE SERVICES MAY INCLUDE OR BE
BUNDLED WITH A THIRD PARTY PRODUCT, SOFTWARE OR SERVICE OFFERING. WE DO NOT
PROVIDE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE FOR SUCH THIRD
PARTY PRODUCT, SOFTWARE OR SERVICE OFFERING. WE DO NOT GUARANTEE ANY CONTINUED
AVAILABILITY OF A THIRD PARTY’S SERVICE FOR WHICH THIS SERVICE’S USE OR
OPERATION MAY REQUIRE. You hereby acknowledge some WiFigarden Services are
not encrypted and that information may be intercepted during transmission, you
hereby agree to assume any and all risk associated with the unauthorized access
to your information during transmission of such information. 

Neither WiFigarden nor its officers, directors, employees, affiliates,
suppliers or agents, or any other service provider or vendor who furnishes
services, devices, or products to the customer for our service will be liable
for unauthorized access to our or your transmission facilities or premises
equipment or for unauthorized access to, or alteration, theft, or destruction
of, your data files, programs, procedures, or information through accident,
fraudulent means, devices, or any other method, regardless of whether such damage
occurs as a result of WiFigarden's or its service providers' or vendors'
negligence. 

ANY INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR
DATA.  IT IS YOUR RESPONSIBILITY TO BACK
UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY DATA THAT YOU MAY USE OR
POSSESS IN CONNECTION WITH THE SERVICES. 


Limitation of Liability

In no event shall WiFigarden, its officers, directors,
affiliates, employees, licensors or network service providers be liable for any
damages whatsoever, including any direct, indirect, incidental, special,
consequential or exemplary damages, claims, or costs, such as but not limited
to loss of goodwill, profit or data or business interruption, arising out of or
related to this Terms of Use and/or the transactions contemplated hereunder,
including the use of or inability to use the WiFigarden website and Services,
and unauthorized access to or alteration of your transmissions or data, even if,
even if WiFigarden has been advised of the possibility of such damages.

In no event shall WiFigarden's total liability to you for
all damages, losses, and causes of action (whether in contract, tort (including
negligence) or otherwise) arising in connection with this Terms of Use exceed
the amount of $100 USD

Some jurisdictions prohibit exclusion or limitation of
liability for implied warranties or consequential or incidental damages, so the
limitations set forth in this section may not apply to you. You may also have
other legal rights that vary from jurisdiction to jurisdiction. These
limitations apply to the maximum extent permitted by law.

 

Indemnity

You agree to indemnify and hold harmless WiFigarden, its
officers, directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries, 
affiliates, licensors, and any other service provider who furnishes
services to you for our Services, from and against any and all demands, loss,
liability, claims, fines, penalties, costs or expenses (including, without
limitation, attorneys’ fees): (a) made by any third party due to or arising out
of your breach of this Terms of Use, or your violation of any law or the rights
of a third party, and (b) incurred by, or on behalf of, you or any third party
or user of our Services, relating to our Services, including, without
limitation, emergency dialing, or your device, or use of our Services by you or
others using your account (whether or not such usage is expressly authorized by
you). 

WiFigarden  shall not be responsible for any infringement related to or
resulting from, either directly or indirectly, use of the WiFigarden web site,
the Services, or otherwise. 


Termination of Services

You agree that WiFigarden may, in its sole discretion and
without prior notice, terminate your access to the Site and/or block your
future access to the Site if we determine that you have violated these Terms of
Use or other agreements or guidelines which may be associated with your use of
the Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to WiFigarden, for which monetary damages would be inadequate, and you
consent to WiFigarden obtaining any injunctive or equitable relief that WiFigarden
deems necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies WiFigarden may have at law or in equity.
You agree that WiFigarden may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies, (2) a
request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.

If WiFigarden does take any legal action against you as a
result of your violation of these Terms of Use, WiFigarden will be entitled to
recover from you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to WiFigarden.
You agree that WiFigarden will not be liable to you or to any third party for
termination of your access to the Site as a result of any violation of these
Terms of Use.

Force Majeure.

WiFigarden shall not be liable for any failure or delay in
the performance of its obligations due to strikes, riots, fires, explosions,
acts of God, war, terrorism or cyber-terrorism, governmental action, shortage
of labor or materials, or any other cause which is beyond its reasonable
control. 

Furthermore, WiFigarden shall not be liable for the following service outages
should they, or any of them, cause the loss of services: (a) Power failure or
disruption. If there is an interruption in the power supply, Services will not
function until power is restored. (b) Internet outage or suspension or
termination of your broadband service or ISP Service. (c) Your ISP or broadband
provider's blocking of ports or other acts. (d) Maintenance by your ISP,
broadband provider or WiFigarden. 

Governing Law; Dispute Resolution

You agree that claims related to or arising under this Terms
of Use shall be governed by the laws of the Taiwan, Republic of
China, without regard to its conflicts of laws provisions. Please note
that your use of the WiFigarden web site, services may be subject to other
local, state, national, and international laws. Unless waived by WiFigarden, You hereby agree to submit to exclusive jurisdiction of
Taiwan Shi-Lin District Court for any claim or dispute arising out of or
related to this Terms of Use, including claims related to the WiFigarden web
site, services, and you further agree and expressly consent to the exercise of
personal jurisdiction in Taiwan Shi-Lin District Court in connection with any
such dispute, including any claim involving WiFigarden or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.

Void Where Prohibited

WiFigarden does not guarantee the availability of any
Services in a particular country or region and specifically reserves the right
to offer or withdraw any Service at anytime.

WiFigarden administers and operates the
www.wifigarden.com Site from its location in Taiwan, Republic of China;
other WiFigarden sites may be administered and operated from various locations
outside the Taiwan, Republic of China. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in
all geographic locations, or appropriate or available for use outside the
Taiwan, Republic of China. WiFigarden reserves the right to limit, in its sole
discretion, the provision and quantity of any feature, product or service to
any person or geographic area. Any offer for any feature, product or service
made on the Site is void where prohibited. If you choose to access the Site
from outside the Taiwan, Republic of China, you do so on your own initiative
and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including without
limitation Taiwan, Republic of China export laws and regulations.

If any of the provisions of these Terms of Use are held by a
court or other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and WiFigarden
with regard to your use of the Site, and any and all other written or oral
agreements or understandings previously existing between you and WiFigarden
with respect to such use are hereby superseded and cancelled. Other than as provided
in a purchase agreement you enter into with WiFigarden, WiFigarden will not
accept any counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. WiFigarden's failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by WiFigarden
of any provision or any right it has to enforce these Terms of Use, nor
shall any course of conduct between WiFigarden and you or any other party be
deemed to modify any provision of these Terms of Use. These Terms of Use shall
not be interpreted or construed to confer any rights or remedies on any third
parties.

WiFigarden provides access to WiFigarden international data
and, therefore, may contain references or cross references to WiFigarden
products, programs and services that are not announced in your country. Such
reference does not imply that WiFigarden in your country intends to announce
such products, programs or services.

Feedback and Information

WiFigarden welcomes your comments and feedback regarding our
products, Services, and website. With respect to all information and materials
transmitted or posted to this website, including but not limited to comments,
feedback, ideas, questions, designs, suggestions, data, and graphics
("Contributions"), you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information; (b) WiFigarden
is not under any obligation of confidentiality, express or implied, with
respect to the Contributions; (c) WiFigarden shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any purpose,
in any way, in any media worldwide; (d) WiFigarden may have something similar
to the Contributions already under consideration or in development; (e) your
Contributions automatically become the property of WiFigarden without any
obligation of WiFigarden to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from WiFigarden under any circumstances. 

Your Representations and Warranties

You represent and warrant that you possess the legal rights
and ability to enter into this Terms of Use and to comply with its terms. You
will use the WiFigarden website, Services for lawful purposes only in accordance
with this Terms of Use and all applicable laws. You agree you will not use any
device or process to interfere with the proper working and security mechanism
of the WiFigarden website, Services. Without limiting other remedies, we may
limit, suspend, or terminate our service and user accounts, prohibit access to
our website, delay or remove hosted content, and take technical and legal steps
to prevent users from accessing the website if we think that they are creating
issues or possible legal liabilities, or are acting inconsistently with the
letter or spirit of our policies. We also reserve the right to cancel
unconfirmed accounts or accounts that have been inactive for a long time. 


Contact

If you have any questions or concerns about this Terms of
Use or any issues raised in this Terms of Use or on the WiFigarden website,
please contact us at legal@wifigarden.com