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THYNC GLOBAL, INC. TERMS AND CONDITIONS

Last Updated: May, 2017

PLEASE READ THIS DOCUMENT CAREFULLY - IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT ALSO CONTAINS AN ARBITRATION CLAUSE THAT APPLIES TO YOUR PURCHASES.

The following Terms and Conditions of Sale (the “Agreement”) is a legal contract between you, an individual customer ("You" or "Customers"), and THYNC GLOBAL, INC. (“We” or “THYNC”) regarding Your purchase of products ("Products") sold by THYNC on the http://www.thync.com/ website or other websites associated with THYNC (collectively, "Site") or through a representative or sales agent of THYNC. BY PURCHASING THE PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.

  1. Purchases and Subscriptions; Fees. We will charge you a fee for each purchase you make through the Site. IF YOU SELECT A SUBSCRIPTION OPTION, YOU ACKNOWLEDGE AND AGREE THAT THE TERM “SUBSCRIPTION” AS USED ON THE SITE MEANS A ONE-TIME PURCHASE CONTRACT FOR THE PRODUCTS AND ACCESSORIES INDICATED, WHICH IS PAYABLE IN REGULAR IN INSTALLMENTS INSTEAD OF A SINGLE PAYMENT, AND THAT THE TERM “SUBSCRIPTION” AS USED ON THE SITE IS NOT USED TO MEAN A MONTH-TO-MONTH SUBSCRIPTION CANCELLABLE AT ANY TIME. For one-time purchases, rather than Subscriptions, payment is due in full in advance. As used herein, Subscription payments and with the fees payable for one-time purchases, are referred to herein as “Fees”. Fees displayed to you are inclusive of all THYNC charges for the Products and consumable accessories provided to you as part of your purchase or under the term of your Subscription, but do not include taxes or any applicable shipping charges, which will be displayed to you upon check-out.
  2. Ordering Procedures. By placing an order through our Site, You represent and warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In addition, if you are buying any Products on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement. Our order process allows You to check and amend any errors before submitting your order to us. Please take the time to read and check Your order at each page of the order process. After placing an order, You will receive an "Order Confirmation" e-mail from us acknowledging that We have received Your order and containing details of the order made. You are required to promptly notify us of any inaccuracy or error in the terms of any Order Confirmation. All orders are subject to acceptance by THYNC and We will confirm such acceptance to You by sending you an e-mail that confirms that the Product has been dispatched (this constitutes the “Dispatch Confirmation”). If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site, We will inform you of this by e-mail and We will not process your order. If you have already paid for the Products, We will refund you the full amount as soon as possible.
  3. The Site currently uses third parties to process payments. Our third-party payment processors may accept payments through one or more of the following: various credit or debit cards or third-party payment services such as PayPal, as detailed on the applicable payment screen.
  4. United States Dollars. All monetary transactions on the Site take place in U.S. dollars.
  5. Cancellation Terms. As indicated in Section 1 above, Subscriptions are not cancellable and once Subscription is in effect, You are responsible for all payments indicated at the sign-up for the duration of the Subscription term. Certain Subscription plans may provide for an initial trial period (typically, a 30-day trial period), during which you may cancel your Subscription and return the purchased Products to THYNC for a full refund.
  6. Software. Any software that is included in the Products is licensed and not sold to You and such software is subject to the additional written terms included in the Product. Title to any software that may be contained in or a part of the Products will remain with THYNC or the applicable licensor(s). You agree to comply with any software licenses that accompany any Products or software provided by THYNC.
  7. Shipping Charges; Taxes. Separate charges for shipping and handling will be assessed on all Products. You are responsible for sales and all other taxes associated with the purchase, however designated, except for THYNC’ franchise taxes and taxes on THYNC’s net income.
  8. Title; Risk of Loss. Title to the Products (other than any software that may be included in the Product) passes from THYNC to You upon shipment from THYNC. Loss or damage that occurs during shipping by a carrier selected by THYNC is THYNC’S responsibility. Loss or damage that occurs during shipping by a carrier selected by You (e.g., a return of Product for refund, exchange or repair) is Your responsibility.
  9. Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN THE DOCUMENTATION PROVIDED WITH CERTAIN PRODUCTS SOLD BY THYNC, PRODUCTS ARE SOLD ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. THYNC HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, UNINTERRUPTED USAGE, LACK OF VIRUSES AND NON-INFRINGEMENT. If an implied warranty is created under applicable law, and cannot be (or has not been) effectively disclaimed by THYNC in this Agreement, THYNC hereby limits the term of any such implied warranty to ninety (90) day period following sale to You.
  10. Returns Policy. You may return the Products within thirty (30) days from the date of purchase as more particularly detailed on THYNC’s Returns Policy available at http://www.thync.com/returns.
  11. Limitation of Liability. THYNC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THYNC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONECTION WITH THIS AGREEMENT OR THE PRODUCTS, EVEN IN THE EVENT OF THYNC’S FAULT AND EVEN IF THYNC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THYNC’S SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR CONNECTED WITH THE PRODUCTS, THE WEBSITES AND THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU TO THYNC FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  12. Applicability of Limitations on Warranties and Remedies to Certain Customers Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply and You may have additional rights to those contained herein.
  13. Applicable Law; Not For Resale THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all applicable government export laws and regulations including those which apply to export of data. You agree and represent that You are buying for Your own internal use only, and not for resale.
  14. Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own personal use only, and not for resale or export.
  15. Amendment and Modification. This Agreement may only be amended or modified by a written agreement signed by both parties.
  16. Headings. The section headings used herein are for convenience of reference only and do not form a part of this Agreement, and no construction or inference shall be derived therefrom.
  17. Severability. If any provision of this Agreement shall be illegal, invalid or unenforceable to any extent under applicable law, such provision shall be fully severable. The remainder of this Agreement will remain in full force and effect and will not be terminated.
  18. Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND THYNC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "THYNC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between You and THYNC. NEITHER YOU NOR THYNC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. THYNC will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any Customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO ARBITRATION, YOU ARE AGREEING TO GIVE UP RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR BE EXAMINED IS MORE LIMITED THAN IN A LAWSUIT IN COURT AND YOUR RIGHTS TO APPEAL OR CHANGE ANY ARBITRATION AWARD IN ANY COURT ARE STRICTLY LIMITED.
  19. Additional Limits on Pricing and Product Availability. Pricing, specifications, and availability are valid in continental United States, Alaska and Hawaii only and are subject to change without notice. Taxes, fees, shipping, handling and any applicable restocking charges, other than free shipping if applicable, are extra and vary. Discounts cannot be retroactively applied. Supplies are limited to stock on hand. Available configurations may vary. The Site, and any offers contained herein, are valid only for fixed price items purchased on the Site. Offers listed on the Site are not valid for resellers and/or online auctions. THYNC reserves the right to cancel orders arising from typographical or mathematical errors. With supplies limited, THYNC reserves the right to cancel any orders in which the payment method used is not authorized within two (2) business days of order creation. All orders are subject to cancellation by THYNC, at our sole discretion.
  20. Use of Customer Data and Privacy. THYNC may retain and use, subject to the terms of its privacy policy, information collected from your use of THYNC products. Typical uses include (i) analysis of usage data to ship out consumables, and (ii) analysis of usage data to improve customer experiences. THYNC will not share your customer data with any third parties unless THYNC (i) has your consent to share such customer data; (ii) concludes it is required by law or has a good faith belief that access, preservation, or disclosure of customer data is reasonably necessary to protect the rights, property, or safety of THYNC, its users or the public; or (iii) provides customer data in certain limited circumstances to third parties to carry out tasks on THYNC’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by THYNC. When this is done, it is subject to agreements that oblige those parties to process customer data only on THYNC’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures. For more information regarding how THYNC collects, uses, and discloses Your personal information, please see the THYNC Privacy Policy available at http://www.thync.com/privacy-policy.
  21. Statutory Rights; Notice To California Residents. As a consumer, you may have additional legal rights in relation to any Products that are faulty or not as described. NOTICE TO CALIFORNIA RESIDENTS. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.

You may contact THYNC as follows:


THYNC GLOBAL, INC.

140 W Main Street, Los Gatos, CA 95030


Telephone: 408-484-4808


If you have any questions regarding these Terms and Conditions of Sale, you may email THYNC at support@thync.com