Terms of Service
Publication date: September 12, 2016
PROTA SOFTWARE, PROTA EQUIPMENT AND PROTA COMPLIANT EQUIPMENT ARE NOT INTENDED FOR CRITICAL (TIME OR SAFETY) CONTROL OF PROTA MICROBOT DEVICES OR FOR EMERGENCY RESPONSE.
These terms (“Terms”) govern your use of Naran Inc.’s (“Naran”) Prota Service (our “Service”). Our Service consists of websites (“Web Apps”), online stores, and downloadable mobile applications (“Mobile Apps”, together with Web Apps, “Prota Apps”) which are used in conjunction with equipment purchased from, made available by, or otherwise authorized by Naran (“Prota Equipment”). By using our Service you agree to these terms.
IF YOU HAVE ENTERED INTO ANOTHER AGREEMENT WITH US CONCERNING SPECIFIC SERVICES, THEN THE TERMS OF THAT AGREEMENT CONTROLS WHERE IT CONFLICTS WITH THESE TERMS.
Your purchase of Prota Equipment may be further governed by a limited warranty and the terms of sale, if any, presented to you at the time of purchase. Software embedded with, or downloaded and installed onto, Prota Equipment within your possession and control (“Prota Software”), is licensed and governed by any End User License Agreement (“EULA”) presented to you. If no EULA or additional license terms are presented to you, these Terms apply. Additional terms may also apply to certain aspects of our Service, and those additional terms become part of your agreement with us if you use those Services.
Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other Naran terms, policy, rules or codes of conduct, these Terms shall govern.
You may only create a Naran account if you are over 18 years old and are of sufficient legal age in your jurisdiction or residence to enter into a binding contract. In any event, if you are authorized to access our Service under the supervision of your parent or guardian, who are bound by these Terms, you represent and warrant that you are at least 13 years old. Individuals under the age of 13 are not allowed to use our Service or submit personal information to us.
EQUIPMENT & RESOURCES
In order to use our Service, you will need certain equipment and resources, such as: (i) the Prota Equipment; (ii) Internet connected Wi-Fi network on your premises; (iii) an active Naran account; and (iv) equipment, such as a mobile device or computer. It is your sole responsibility to procure necessary equipment and resources to use our Service.
CHANGES TO TERMS & OUR SERVICE
- 4-1. Naran reserves the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, Naran will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not agree to the revised Terms, you must stop using our Service. Your continued use of our Service following any revision to these Terms signifies your assent to and acceptance of the revised Terms.
- 4-2. These Terms may not otherwise be amended except in a writing hand signed by you and Naran. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
- 4-3. You agree that Naran retains the unfettered right to modify any aspect of our Service. You acknowledge that Naran has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or abilities of any element of our Service.
- 4-4. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Service, are subject to change (including availability) at any time without notice.
VIOLATION OF TERMS
- 5-1. You may use our Service only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Service (in Naran’s sole judgment).
- 5-2. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS AND PRIVILEGES ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND NARAN IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
YOUR ACCESS TO OUR SERVICE & SOFTWARE
- 6-1. Subject to these Terms and the payment of fees, where applicable, Naran grants you a non-exclusive, non-transferable license, without right of sublicense, to: (i) access and use our Service through Web Apps; and (ii) download and install Mobile Apps on devices within your possession and control. Prota Apps may only be used for the purpose of controlling and monitoring Prota Equipment installed on premises owned or otherwise controlled by you, and for other purposes specified by Naran.
- 6-2. Prota Apps, our Service, and their content, features, and functionality are owned by Naran, our licensors, or other suppliers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted by these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in Prota Apps or our Service, ownership of which is retained by Naran, our licensors and our suppliers. Prota Apps are licensed, not sold, to you for use only under these Terms, and Naran reserves all rights not expressly granted to you.
- 6-3. Naran may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of our Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to automatic updates. If you do not want such Updates, your remedy is to terminate your account and stop using our Service.
- 6-4. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer Prota Apps or any aspect of our Service, or otherwise attempt to derive the source code of Prota Apps or any aspect of our Service, or authorize any third party to do any of the foregoing. Any reproduction, license, assignment or redistribution, or other commercial exploitation of Prota Apps or our Service is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- 6-5. You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, in the same form and manner that such copyright and other proprietary notices are included in Prota Apps.
- 6-6. PROTA SOFTWARE IS SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN A EULA. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH EULA AND THESE TERMS, THE EULA SHALL CONTROL WITH RESPECT TO PROTA SOFTWARE ONLY. THE PROTA SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE EULA.
7-1. Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. Naran may, from time to time (and upon notice if required by applicable laws), modify, amend, or supplement our fees and billing methods, and such changes shall be effective immediately upon posting on our Service.
7-2. Subscriptions. Naran may provide a paid subscription based option to access certain aspects of our Service. Subscription periods can be month-to-month, yearly, or another duration described in the account features for your account (“Prota Membership Subscription Period”).You agree to pay all applicable subscription fees, including automatically charged renewal fees. Naran offers several subscription options:
- Auto-Renewing Monthly Member Subscription. The subscription period for the Auto-Renewing Monthly Member Subscription is one month and automatically renews unless you cancel your subscription prior to the monthly renewal date. You will be billed monthly for the Auto-Renewing Monthly Member Subscription on or about the same day each month until you cancel your subscription.
- . The subscription period for the Auto-Renewing Annual Member Subscription is one year and automatically renews each year on the anniversary of your subscription unless you cancel your subscription prior to your annual renewal date. You will be billed annually for the Auto-Renewing Annual Member Subscription on or about the same day each year until you cancel your subscription.
- Although we may provide notice to you of an expiring subscription period, it is your responsibility to monitor the remaining term of your subscription period, and renew your subscription on a timely basis.
Subscriptions and Prota Smart Hub. If Naran provides you a Prota smart hub for your use pursuant to your purchase of a subscription, and you cancel your subscription before 12 months, you must return, at your cost and expense, the Prota smart hub provided to you by Naran, together with all accessories, in the same condition as when you received them, except for normal wear and tear. You must return the Prota smart hub within 14 days of cancellation. If you fail to return the Prota smart hub in the prescribed period, or the Prota smart hub you return is damaged or incomplete, you agree that Naran may charge the full retail price of the Prota smart hub or accessories to the payment method you provided to Naran for your subscription and/or deduct from your prepaid subscription the balance, if any, of payments due had you maintained your subscription for the entire initial 12 month subscription term.
Purchase of Prota Smart Hub. If you purchase a Prota smart hub from Naran at full retail price (rather than receiving one from Naran pursuant to your purchase of a subscription), you will automatically receive a 1-year Prota Membership Subscription without additional cost to you. After the expiration of the initial 1-year Prota Membership Subscription period, you must pay the then applicable subscription fees to continue receiving Prota Membership benefits.
Member Loyalty Replacement Program. Following each consecutive 18 month period of your subscription, you may request a replacement Prota smart hub from Naran. To receive a replacement Prota smart hub, you must first obtain a valid Return Merchandise Authorization Number (RMA) for your existing Prota smart hub by following the procedures specified here. You are responsible for shipping costs to Naran, but there is no cost to you for the replacement Prota smart hub or shipping costs back to you under the Member Subscription Loyalty Program. If you do not select the Cross Shipment Option, Naran will provide you a 1 month subscription credit if more than 14 days have elapsed beginning on the date we receive your Prota smart hub and when you receive a replacement Prota smart hub.
If you initially purchased a Prota smart hub at full retail price, you do not need to return your existing Prota smart hub to Naran to receive a replacement under the Member Loyalty Replacement Program. If you initially purchased a Prota smart hub from Naran, contact Naran here to a request a Prota smart hub under the Member Loyalty Replacement Program.
Naran Equipment Exclusions. For clarity, all other Naran Equipment, including MicroBots, are excluded from the Member Loyalty Replacement Program.
Cancelling Subscription After Receiving Prota Smart Hub Under Member Loyalty Replacement Program. If you cancel your subscription within 12 months from receiving your Prota smart hub under the Member Loyalty Replacement Program, you must return the Prota smart hub within 14 days of cancellation. If you fail to return the Prota smart hub in the prescribed period, or the Prota smart hub you return is damaged or incomplete, you agree that Naran may charge the full retail price of the Prota smart hub or accessories to the payment method you provided to Naran for your subscription and/or deduct from your prepaid subscription the balance, if any, of payments due had you maintained your subscription for the entire 12 month subscription term.
- 7-1. Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. Naran may, from time to time (and upon notice if required by applicable laws), modify, amend, or supplement our fees and billing methods, and such changes shall be effective immediately upon posting on our Service.
- 7-3. UNLESS OTHERWISE SPECIFIED IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT NARAN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY.
REGISTRATION, USER NAMES & PASSWORDS
- 8-1. In order to access some features of our Service, you may be required to register an account with us.
- 8-3. Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by Naran.
- 8-4. You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, Naran has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Service (or any portion thereof).
- 8-5. When registering for an account, you may be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by Naran in our sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms.
- 8-6. You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify Naran immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Naran). You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).
- 8-7. Naran will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by Naran due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make your account available to others.
USER CONTENT AND UNSOLICITED SUBMISSIONS
9-1. We may allow users to post feedback, questions, comments or other information to our Service (“Post”).
By Posting content, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content you Post throughout the world in any media. You also hereby grant each user of our Service a non-exclusive license to access content you Post, and to use, reproduce, distribute, display and perform such content, each in the manner contemplated by our Service and these Terms.
You further represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all content you Post and to enable inclusion and use of such content in the manner contemplated by our Service and these Terms; (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of content you Post as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; (iii) content you Post will not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;” (iv) content you Post may be copied by other users of our Service; and (v) if you do not have the right to Post content for such use, it may subject you to liability.
Naran takes no responsibility and assumes no liability for any content Posted by you or any third party. We have no obligation to monitor content Posted on our Service and we are not responsible for monitoring our Service for inappropriate or illegal content or conduct by other users. However, we retain the right, in our sole discretion, to edit, refuse to post, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Service or your communications with Naran or other users (including without limitation chat text and voice communications) when you are using our Service.
- 9-2. We are pleased to hear from our customers and welcome their comments regarding our Service. Unfortunately, however, it is our policy to not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of Naran. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Naran, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
- 9-1. We may allow users to post feedback, questions, comments or other information to our Service (“Post”).
COPYRIGHT NOTICES & COMPLAINTS
Naran respects the intellectual property of others, and we ask our users to do the same. Naran may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Naran's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Naran's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Naran Copyright Agent
4th Floor, 57-9, Hoedong-gil,
Paju-si, Gyeonggi-do, South Korea
When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Service. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Our Service may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
THIRD-PARTY MERCHANTS & PROVIDERS
Our Service may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Service. In addition, our Service may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
TERM AND TERMINATION
These Terms will remain in full force and effect so long as you continue to use our Service, or until terminated in accordance with these Terms. Upon termination, the licenses granted to you by Naran shall cease, you may not be able to access your account, and you will promptly remove any Mobile App from any device on which it is installed.
In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Disputes”, and Sections 21 through 27, shall survive such expiration or termination.
- 15-1. Naran makes no uptime guarantee whatsoever regarding our Service. Our Service is not intended for critical (time or safety) control of Prota Equipment or emergency response. Our Service is intended to be reliable, but is not intended to be reliable or available at all times. Our Service is subject to interruptions, and you agree that Naran will not be responsible or liable for any loss or damage whatsoever resulting from any failure or delay of our Service, including service notifications which are undelivered to you, inaccurate or delayed.
- 15-2. Our Service may be suspended without notice to you. Suspension of our Service may result from a variety of reasons, including system failure, maintenance, or other circumstances. You agree that you will not be entitled to any refund or compensation for such suspensions.
- 16-1. NEITHER NARAN, OUR LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "NARAN PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICE, NARAN APPS OR INTERFACE WITH A THIRD PARTY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE, NARAN APPS OR INTERFACE WITH A THIRD PARTY SERVICE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICE, NARAN APPS OR INTERFACE WITH A THIRD PARTY SERVICE.
- 16-2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR NARAN APPS IS AT YOUR SOLE RISK. OUR SERVICE, NARAN APPS, AND ANY CONTENT APPEARING ON OUR SERVICE, INCLUDING USER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, NARAN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE OR NARAN APPS. NARAN DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
- 16-3. THE WARRANTY FOR PROTA EQUIPMENT, IF ANY, IS SET FORTH IN A LIMITED WARRANTY.
LIMITATION OF LIABILITY
- 17-1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE NARAN PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OUR SERVICE OR NARAN APPS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF NARAN WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES YOU PAID, IF ANY, TO NARAN IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
- 17-2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE NARAN PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH NARAN PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
- 17-3. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- 17-4. THE NARAN PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICE, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED NARAN EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
You agree to indemnify and hold the Naran Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Service or Prota Apps in violation of these Terms and/or any breach of your representations and warranties set forth above and/or if content you Post to our Service causes us to be liable to another.
You acknowledge that the rights granted and obligations made under these Terms to Naran are of a unique and irreplaceable nature, the loss of which shall irreparably harm Naran and which cannot be replaced by monetary damages alone. Accordingly, Naran shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
- 20-1. To the extent permitted by applicable law, these Terms and EULA are governed by and construed in accordance with the substantive laws of either: (a) the State of California, U.S.A. if you first took delivery of Prota Equipment or Prota Software in the United States, Mexico or Canada, and you expressly and irrevocably agree and submit to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, U.S.A.; or (b) The Republic of Korea if you first took delivery of Prota Equipment or Prota Software outside of the United States, Mexico or Canada, and you expressly and irrevocably agree and submit to the exclusive jurisdiction of the Seoul Central District Court.
- 20-2. The parties specifically exclude from application to these Terms and EULA the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your residence.
- 20-3. Any claim or cause of action arising out of or related to these Terms, EULA or the use of our Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
- 20-4. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
- 20-5. All claims you bring against Naran must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Naran shall be entitled to recover attorneys' fees and costs up to $2,000, provided that Naran has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
THIRD PARTY MARKETPLACES
These Terms are between you and Naran only, and not with any third party marketplace such as those provided by Apple, Google or any other third party through which you may have downloaded Mobile Apps ("Marketplaces"). The Marketplaces are not responsible for Mobile Apps you download or the Service. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Each Marketplace may have its own terms and conditions to which you must agree before downloading Mobile Apps, and you agree to comply with such Marketplaces’ terms and conditions. To the extent such other terms and conditions from such Marketplaces are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms in these Terms apply.
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER
These Terms are deemed accepted upon any use of our Service. These Terms and any additional terms referenced herein constitute the entire agreement between you and Naran regarding the use of our Service. Our failure to exercise or enforce any right or provision of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You may not assign, delegate any performance, or otherwise transfer by operation of law or otherwise any of the rights or licenses granted to you hereunder without our prior written consent therefor. Naran may assign these Terms, and our obligations thereunder, to any person or entity at our sole discretion.
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
TECHNICAL & CUSTOMER SUPPORT
Subject to the other provisions of these Terms, Naran will attempt to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us at firstname.lastname@example.org.
We may notify you by posting(s) made in-Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to Naran required according to these Terms must be in writing and addressed to The Naran, 4th Floor, 57-9, Hoedong-gil, Paju-si, Gyeonggi-do, South Korea, unless we have provided a more specific method of notifying us.