Warranty, Terms of Service, Privacy Policy

Terms of Service

Last updated 3/24/2023

ALEA LABS, INC. TERMS OF SERVICE AND CONDITIONS

These Pre-Order Terms and Conditions (“Terms”) apply to all pre-orders for a smart home air flow product (“Product”) currently in development by Alea Labs, Inc. (“Alea” or “we”). Please read all of these terms and conditions carefully before submitting your Order (as defined below). By submitting your Order or clicking “I Accept” below, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16. If you do not agree to these Terms, do not submit an Order.

If you have any questions about these Terms or our Products, please contact us at support@alealabs.com.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your Order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy https://alealabs.com/privacy-policy/.

2. Order and Acceptance

Each pre-order (“Order”) you submit for a Product constitutes an offer to purchase that Product. Submitted Orders are subject to our acceptance and may be rejected at any time and for any reason at our discretion. If we reject your offer, we will, as your sole and exclusive remedy and our sole and exclusive liability, refund the amount you paid. Once the Product(s) are ready for shipping, we will send you an email to the email address you provided to indicate whether your Order has been accepted or rejected. If you have any questions, comments, or concerns regarding our Order acceptance policy, or if you believe that your Order was rejected in error, please contact us at support@alealabs.com.

3. Eligibility

You must be at least 18 years of age to submit an Order, and you represent and warrant that to be true. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Products. If you submit an Order on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

In order for your Order to be eligible for our acceptance, you must have a valid credit card, and you must pay the amount for the Product in your Order by credit card through PayPal or any other payment method designated on our website. Payment does not guarantee acceptance of your Order. Once your Order has been confirmed, we will charge your payment method on file. Any authorized refunds will be paid to your payment method on file.

4. Specifications and Refunds

You understand and acknowledge that the Products are still in development and that the specifications for the Products may change prior to shipping. If we are unable to develop the Product in your Order or otherwise decide not to sell it, we will, as your sole and exclusive remedy and our sole and exclusive liability, refund the amount you paid for the Product.

If you request a refund at any time before we accept your Order, we will refund the full amount you paid. Once we have accepted your Order, the policy in the foregoing sentence no longer applies. Instead, our refund policy and limited warranties will apply. Our refund policy is available at [insert link] (“Refund Policy”). For further information on our limited warranties, please see Section 11 of these Terms.

5. Shipping and Delay

You understand and acknowledge that the Products are not yet ready for delivery, that we have not yet begun shipping Products, and that shipping may be delayed. Any shipping date is an estimate only, and the actual shipping date for any accepted Order will depend on a variety of factors including manufacturing schedule, the date of your Order, and when we accept your Order. Commencement of shipping is subject to change without notice to you. You are required to pay all shipping charges for the location of the shipping address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address you provide are higher than the shipping costs you paid at the time you submitted your Order, we may, in our sole discretion, require you to pay additional shipping fees or refund the full amount you paid.

6. Transfer of Risk and Title

Risk of loss of the Product passes to you on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point on. Claims against a carrier for damage during shipping are your responsibility. We are under no obligation to refund or replace any Products damaged or lost during shipping.

7. Export Control

You understand and acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if we ship a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for ensuring compliance with all applicable export control laws and regulations. You represent and warrant that you will not import, export, re-export, or transfer, directly or indirectly, any Product without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you may not import, export, re-export, or transfer directly or indirectly any Product to any destination for an end use that is prohibited by applicable law.

We are not liable to you in anyway whatsoever for (a) the actions of any governmental authorities, including customs authorities; or (b) your failure to confirm and comply with any export rules and regulations. You will defend and hold us harmless against all claims, damages, or liability resulting from breach of the foregoing.

8. Use of the Product

You represent and warrant that the Product you have Ordered is for your own use and not for resale and that you will only use the Product in accordance with any and all applicable laws, rules and regulations. You understand and agree that we may terminate your access to the applicable service(s) if we discover or have a good faith reason to believe that you are using the Products in violation of any applicable laws, rules or regulations, or otherwise in violation of any applicable terms of service or terms and conditions.

9. Terms of Service

Use of the Product is subject to our Terms of Service, and by placing an Order, you acknowledge and agree that you have read the Terms of Service available at https://www.alealabs.com/tos and agree to be bound to its terms. If you violate the Terms of Service, you may not be able to use the Product or certain features of it. We will not be liable for your inability to use the Product, and your sole and exclusive remedy will be to request a refund if allowed by our Refund Policy.

10. Intellectual Property

We and our licensors own all intellectual property rights embodied in or related to the Products and the related services. If we accept your Order, you will not acquire any interest or rights in our intellectual property, and your use of the Product will be subject to the Terms of Service and other additional license terms and restrictions that will be provided with the Product. If you do not agree to the additional terms, you may return the Product to us before using it, and we will refund you in accordance with our Refund Policy. We reserve all rights in and to the Product not granted expressly in these Terms or other additional license terms.

11. Limited Warranty and Disclaimer

Our limited warranty for the Products is located at [insert link]. By placing an Order, you acknowledge and agree that you have reviewed the limited warranty for the Product and that you accept that limited warranty. If you do not agree with the warranty terms, do not place an Order or otherwise purchase the Product.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Alea and our officers, directors, agents, partners and employees (individually and collectively, the “Alea Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your actual or alleged use of a Product; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your violation of any applicable law, rule or regulation. You agree to promptly notify Alea Parties of any third-party Claims, cooperate with Alea Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Alea Parties will have control of the defense or settlement, at Alea's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Alea or the other Alea Parties.

13. Disclaimers

Your use of our Products is at your sole risk. Except as otherwise provided in a writing by us, our Products are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Alea does not represent or warrant that our services related to the Products are accurate, complete, reliable, current or error-free. While Alea attempts to make your use of the Product and related services safe, we cannot and do not represent or warrant that our Products, related services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Products and related services.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Alea and the other Alea Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Alea or the other Alea Parties have been advised of the possibility of such damages.

The total liability of Alea and the other Alea Parties for any claim arising out of or relating to these Terms or our Products, regardless of the form of the action, is limited to the greater of $100 or the amount you paid for the Product(s) in your Order.

The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Alea or the other Alea Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Force Majeure

If we accept your Order, we will not be liable to you for any delay, including any delay due to an event beyond our reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, government action, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality reasonably outside of our control.

16. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Alea and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Alea agree that any dispute arising out of or related to these Terms or our Products is personal to you and Alea and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes.Except for small claims disputes in which you or Alea seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Alea seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Alea waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Products resolved in court.Instead, for any dispute or claim that you have against Alea or relating in any way to the Products, including privacy and data security claims, you agree to first contact Alea and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Alea by email at support@alealabs.com or by certified mail addressed to 1735 E. Bayshore Road, #29b, Redwood City, California 94063. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Alea cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Santa Clara County, California or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Alea agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Alea, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Alea agree that for any arbitration you initiate, you will pay the filing fee and Alea will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Alea will pay all JAMS fees and costs. You and Alea agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Products must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Alea will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by emailing us at support@alealabs.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

17. Governing Law and Venue

Any dispute arising from these Terms and your use of the Products will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

Modifying and Terminating our Services

We reserve the right to modify our services related to the Products or to suspend or stop providing all or portions of such services at any time. You also have the right to stop using our services at any time. We are not responsible for any loss or harm related to your inability to access or use our services.

19. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. Miscellaneous

These Terms constitute the entire agreement between you and Alea relating to the subject matter hereof. Notwithstanding any other provisions of these Terms, Sections 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 survive any expiration or termination of these terms. The failure of Alea to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Website Terms of Service

Last updated 3/24/2023

ALEA LABS, INC. TERMS OF SERVICE

These Terms of Service (“Terms”) apply to your access to and use of the websites and other products and services (collectively, the “Services”) provided by Alea Labs, Inc. (“Alea” or “we”). By clicking “I Accept” (if applicable) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use our Services.

If you submit a pre-order for one of our products, your offer is subject to the Terms & Conditions for Pre-Orders (“Terms & Conditions”). Please read the Terms & Conditions at [insert link]
carefully for information regarding the terms under which we accept such pre-orders. The Terms & Conditions are incorporated by this reference into, and made a part of, these Terms.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at [insert contact information].

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy [insert link].

2. Eligibility

You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

4. User Content

Our Services may allow you to provide to us certain materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Alea.

You grant Alea a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use and otherwise exploit your User Content and any name, username or likeness provided in connection with your User Content in connection with providing the Services.

You may not create, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

5. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

• Use or attempt to use another user’s account without authorization from that user and Alea;

• Impersonate or any person or entity or otherwise misrepresent your affiliation with a person or entity;

• Sell, resell or commercially use our Services;

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

• Develop or use any applications that interact with our Services without our prior written consent;

• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

• Bypass or ignore instructions contained in our robots.txt file; or

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

• Impersonates, or misrepresents your affiliation with, any person or entity;

• Contains any unsolicited promotions, political campaigning, advertising or solicitations;

• Contains any private or personal information of a third party without such third party’s consent;

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Alea or others to any harm or liability of any type.

Enforcement of this Section 5 is solely at Alea’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Alea or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

7. Trademarks

ALEA and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Alea and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Alea or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Alea’s sole discretion. You understand that Alea may treat Feedback as nonconfidential.

9. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Alea does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Alea and our officers, directors, agents, partners and employees (individually and collectively, the “Alea Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Alea Parties of any third-party Claims, cooperate with Alea Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Alea Parties will have control of the defense or settlement, at Alea's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Alea or the other Alea Parties.

11. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Alea does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Alea attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

12. Limitation of Liability

The total liability of Alea and the other Alea Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.

The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Alea or the other Alea Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

14. Dispute Resolution; Binding Arbitration

No Representative Actions. You and Alea agree that any dispute arising out of or related to these Terms or our Services is personal to you and Alea and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Alea seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Alea seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Alea waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Alea or relating in any way to the Services, including privacy and data security claims, you agree to first contact Alea and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Alea by email at support@alealabs.com or by certified mail addressed to 1735 E. Bayshore Road, #29B, Redwood City, CA. 94063. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Alea cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Santa Clara County, California or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Alea agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Alea will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by emailing us at support@alealabs.com]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.

If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.

15. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

16. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

17. Severability

18. Miscellaneous

These Terms constitute the entire agreement between you and Alea relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 5, 8, 10, 11, 12, 14, 15, 16, 17, and 18 survive any expiration or termination of these terms. The failure of Alea to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Limited Warranty & Refund Policy

Last updated 3/24/2023

ALEA LABS, INC. LIMITED WARRANTY & REFUND POLICY

Alea Labs, Inc. warrants that your Alea Air™ hardware product ("the Product") will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery ("the Warranty Period"). If a defect in the Product arises within the Warranty Period, Alea Labs, Inc. will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective Product. This Warranty does not apply to (x) Products you purchase from unauthorized resellers; (y) where the instructions for use and activation of the Product are not complied with; or (z) where the Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond our reasonable control.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Claims process: To obtain remedies under this Warranty, Alea Labs must receive Consumer’s claim before the end of the Warranty Period. Consumer must obtain a Return Material Authorization ("RMA") from Alea Labs and return the defective Device together with proof of purchase to the address specified by Alea Labs in connection with the RMA. Consumer shall bear the cost of shipping the Device to Alea Labs. By sending the Device, Consumer agrees to transfer ownership to Alea Labs. Alea Labs may not return the original Device to Consumer. Alea Labs warrants that any repaired or replaced Device is covered for the remainder of the original Warranty Period. If the claim is justified based on this Warranty, Alea Labs shall bear the cost of shipping the repaired or replacement Device to the Consumer. Any product returned to Alea Labs without a valid warranty claim or without a RMA may be rejected, returned at sender’s cost (subject to prepayment) or disposed of in Alea Lab's sole discretion.

To obtain an RMA from Alea Labs, please email Alea at support@alealabs.com.

Alea Labs Refund Policy

We have worked very hard to create a product you will love and we believe you will love your Alea Air product. However, we realize the Product you receive from Alea Labs may not be exactly what you expected. Should this rare occurrence take place, the purchaser of the Product may return the products purchased in the transaction, in their original condition, with the original receipt and packaging, within 30 days of the date of delivery to Alea Labs and Alea Labs will exchange it or provide a full refund back to the original form of payment for the original purchase price. Please note that this policy applies only to Products you purchase directly from Alea Labs. This is in addition to your legal rights and your rights under the Alea Labs hardware one (1) year Limited Warranty referred to above.

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Limited Warranty & Refund Policy