Terms and Conditions for the Online Sale of Goods and Services
1.THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OWNER OF (i) UNDER THE LEGAL AGE OF 18 OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LOGBAR, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of our product(s) (the “Product(s)”) and our service(s) (the “Service(s)”) through iamili.com (the “Site”). These Terms are subject to change by Logbar Inc. (referred to as “Logbar”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing or using the Product or Services that are available through this Site. Your continued use of the Service or this Site after the Last Updated Date will constitute your acceptance of and agreement to such changes. The following Terms are a legally binding contract (the “Agreement”) between you and Logbar regarding your purchase and use of the Products and Services. These Terms are an integral part of the Site terms of use (http://logbar.jp/terms/) that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for the Products or Services (see Section 14).

2.Services and Products.

(a) Access to our Services may not be available in all locations. You are only entitled to access and use the Services for lawful purposes and pursuant to these Terms. Any action by you that, in our sole discretion: (i) violates these Terms and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services.

(b)The Services include (i) our systems, procedures, processes and technologies, and (ii) any hardware, software, data, reports, and other content made available by or on behalf of us that allows you to translate speech. Speech translation currently available includes English and Chinese (Mandarin), however additional languages or services will be added to the Services in the future. Any future release, update, modifications or other addition to functionality of the Site or Services shall be subject to these Terms.

(c)We reserve the right to modify or discontinue the Services or any feature or functionality thereof at any time without notice to you. All rights, title, and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to us.

(d)The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Products of Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

(e)You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of our Services or for any other purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Services; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services, or (v) interfere or disrupt the Services or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

3.Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Products or Services to you. We may choose not to accept orders or not to ship to particular addresses at our sole discretion. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where the Products or Services are no longer in our inventory. We reserve the right at any time to limit the quantities ordered.

4.Redesign of the Products.

We reserve the right to change the design of the Product, even after we have accepted your order.

5.Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for the Product or Service will be the price in effect at the time the order is placed. Posted prices do not include taxes and duties imposed with respect to the sale, delivery, or use of the Product or Service. All such taxes and charges will be added to your merchandise total. You acknowledge and agree that you are responsible for all such taxes unless you claim a valid exemption. If you wish to claim any exemption, you must provide us with a valid, signed certificate or letter of exemption for each respective jurisdiction.

(b)We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(c)We may offer from time to time sweepstakes, contests and similar promotions (collectively, “Promotions”) on the Site or Service that may affect pricing and that are governed by terms and conditions (“Promotion Rules”) separate from these Terms. You should carefully review the Promotion Rules of each Promotion in which you participate through the Site or Service, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. If there is a conflict between the Promotion Rules and these Terms, the Promotion Rules will govern.

(d)Terms of payment are within our sole discretion. You represent and warrant that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You expressly authorize us and the third-party payment processor to charge the amounts indicated on your order. The terms of your payment method may be determined by agreements between you and the financial institution you have chosen to make payment. If we do not receive payment through your chosen method, you agree that we may start collection action and that you will be liable for any collection costs and fees including reasonable attorney fees.

6.Shipments; Delivery; Title and Risk of Loss.

(a)We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b)Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(c)As between you and us, we or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by us.

(d)All orders will be shipped to an address designated by you as long as that shipping address meets any shipping restrictions contained on our Site.

7.Intellectual Property Rights.

(a)Logbar’ names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in Japan and/or other countries (collectively, the “Proprietary Marks”), and are owned by Logbar. You may not use the Proprietary Marks without our prior written permission.

(b)We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are the property of their respective owners.

(c)The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.

(d)We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).

(e)All software used on or within our Services is our property or the property of our software vendors and is protected by Japan and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software. (f)You are solely responsible for any damages resulting from your infringement of our, or any third-party’s, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

8.Returns and Refunds.

Returns and refunds will be accepted according to our Return Policy at our Site. Please visit https://iamili.com/return/.

9.Manufacturer's Warranty and Disclaimers.

We do not manufacture the Products. Accordingly, we do not provide any warranties with respect to the Products or Services. However, the Products are covered by the manufacturer's warranty. To obtain manufacturer’s warranty for defective products, please follow the instructions provided in our Return Policy (https://iamili.com/return/).

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS OR SERVICES IS AT YOUR SOLE RISK. YOU AFFIRM THAT THE PRODUCT OR SERVICE IS NOT SUITABLE FOR ANY PURPOSES OTHER THAN TRAVEL CONVERSATION (E.G., NOT SUITABLE FOR MEDICAL USE, MILITARY USE OR BUSINESS MEETINGS). YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING OUT OF THE ERRORS IN TRANSLATION THROUGH THE PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATION THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SERVICES OR SITE IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DISCLAIMS ANY LIABILITY FOR THE LOSS OR DAMAGE TO ANY SAVED TRANSLATIONS, INCLUDING WORDS AND PHRASES (“SAVED CONTENT”) OR ANY LOSSES OR DAMAGES YOU INCUR AS A RESULT OF THE LOSS OR DAMAGE OF ANY SAVED CONTENT. WE MAKE NO REPRESENTATIONS THAT THE PRODUCT OR SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY JURISDICTIONS. WHEN YOU ACCESS OR USE THE PRODUCT OR SERVICE FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

10.Limitation of Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law, and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

11.Indemnity.

You agree that you will be personally responsible for your purchase or use of the Product or Service, and you agree to defend, indemnify and hold harmless Logbar and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, purchase of, use of or alleged use of the Product or Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.

12.Third Party Links, Services, and Content.

(a) The Site and Services may contain services, features and functionalities linking you to, or providing you with, certain functionality and access to third party services and content, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you visit or use a third party’s website, you agree to read and consent to the third party’s terms of service and privacy policy, and you release us from any liability. (b)You affirm that we are not responsible for such third party content or services and that we are not an agent of any third party, nor are we a direct party in any such transaction with a third party. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our actions.

13.Goods Not for Resale or Export.

You represent and warrant that you are buying the Products or Services for your own personal or household use only, and not for resale or export.

14.Privacy.

Our Privacy Policy, http://iamili.com/privacy/, governs the processing of all personal data collected from you in connection with your purchase of Products or Services through the Site.

15.ili Application.

When using our ili application (hereinafter referred to as "this application"), you must agree to the terms of use. By activating this application, you agree to the terms of use.

1.) This application is exclusively available only to the customer themselves.
2.) This application is to be used only for performing updates and other functions for the ili device and cannot be used for any other purpose.
3.) The distribution and availability of this application may be suspended without notice due to reasons such as maintenance, among other reasons.
4.) We are not responsible for any damage caused by this application.
5.) The speech recognition/translation results gathered by this application from the speech input may be used by our company for performance improvement, etc.

16.Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

17.Governing Law and Jurisdiction.

This Site is operated from Japan. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Japan without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of Japan. The United Nations Convention on Contracts for the International Sales of Goods shall not apply.

18.Dispute Resolution and Binding Arbitration.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE PRODUCTS OR SERVICES THROUGH THE SITE, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE TOKYO DISTRICT COURT IN THE FIRST INSTANCE.

19.Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 18 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

20.No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Logbar.

21.No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

22.Notices.

(a)To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)To Us. To give us notice under these Terms, you must contact us by email to support@iamili.com. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email will be effective immediately.

23.Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

24.Entire Agreement.

These Terms, the license agreement relating to any product or service you obtain on or through this Site, our Site terms of use (http://logbar.jp/terms/) and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. If you have questions, comments, concerns or feedback regarding this Agreement or the Products or Services, please contact us at support@iamili.com