Terms of Service Agreement
Last updated 6/13/2017
Welcome! eero inc. (“eero”) sells the world’s first WiFi system, a combination of simple hardware and easy-to-use cloud, mobile, and device software. The result: your eero devices (each an “eero Device”) work in unison to blanket your home with hyper-fast, super-stable WiFi.
PLEASE READ THIS MASTER TERMS OF SERVICE AGREEMENT (“TOS AGREEMENT”) CAREFULLY. BY ACCESSING OR USING WWW.EERO.COM OR ANY OTHER WEBSITES OF EERO, ITS AFFILIATES OR AGENTS WITH LINKS TO THIS TOS AGREEMENT OR OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE, THE EERO DEVICES AND THE APPLICATION (EACH A “SERVICE” AND COLLECTIVELY THE “SERVICES”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE OR DOWNLOADING EERO’S MOBILE APPLICATION (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TOS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EERO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TOS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TOS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT VISITED THE SITE OR THAT YOU IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.
PLEASE BE AWARE THAT SECTION 16 OF THIS TOS AGREEMENT INCLUDES PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT INCLUDES AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THE TOS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE EERO DEVICES, THE SITE, OR THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATON ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS TOS AGREEMENT.
Your use of, and participation in, certain Services or your purchase of eero Devices, may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the TOS Agreement or will be presented to you for your acceptance when you sign up to use the Supplemental Services or to purchase eero Devices. If the TOS Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service or eero Device. The TOS Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY US AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT INDICATES YOUR ACCEPTANCE OF SUCH CHANGES.
When changes are made, eero will make a new copy of the TOS Agreement available at the Site, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the TOS Agreement. If we have made any material changes, and you are a user (“User”) who has created an account with us to use the Services (“Registered User”), we will also send you an e-mail to the last address you provide to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Site or Services, and will be effective for Registered Users on the earlier of (i) 30 days after posting of notice of such changes on the Site or (ii) 30 days after dispatch of an e-mail notice of such changes to Registered Users. eero may require you to consent to the updated Agreement in a specified manner before further use of the Site or Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Site and the Services. Otherwise, your continued use of the Site and the Services constitutes your acceptance of such changes. PLEASE CHECK THE SITE REGULARLY TO VIEW THE THEN-CURRENT AGREEMENT.
Use of the Company Properties
The Software, Site, Services and the information, data, text, sound, photographs, graphics, video, and/or other materials available on the Site and in the Application and the Services (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, eero grants you a limited license to reproduce portions of the Company Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by eero in a separate agreement, your right to use any Company Properties is subject to this Agreement.
Subject to your compliance with the Agreement, eero grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on mobile devices that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Use of any software embedded in the eero Device (“Software”) is governed by this Agreement. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. You are not permitted to use or otherwise rely on the Software for any commercial or production purposes. Subject to your compliance with the Agreement, eero grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement. Some components of the Software may be offered under an open source license that we will distribute or make available to you. There may be provisions in the open source license that expressly override some of the terms in this Agreement. Except with respect to code licensed under an open source license, the Software is proprietary software of eero and its licensors and you agree not to take any action or enter any agreement that would result in any contractual requirement that eero or its licensors make available the Software source code to any third party.
eero may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the performance of the Services, the Application or the Software (“Updates”). By using the Services, Application or the Software, you hereby consent to the automatic downloading and installation of these Updates, which may be automatically downloaded and installed into your mobile device and eero Devices, as applicable, without providing any additional notice or receiving any additional consent
If you do not want such Updates, your sole remedies (i) for eero Application Updates is to turn off the auto-update functionality in your mobile device settings or delete the eero Application from your mobile device or (ii) for eero Device Software Updates is to terminate your eero account and cease use of your eero Devices. If you later undo any of the foregoing (e.g. by turning on the auto-update functionality on your mobile device or restarting use of your eero Device), you understand that the automatic download and installation of Updates will start again, and you consent to such automatic Updates. To the extent that any Updates are not automatically installed, you acknowledge that you may be required to install Updates to continue use of, or access to the full functionality of, the Services, Application, and eero Devices and you agree to promptly install such Updates.
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, including the Site; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of eero; (c) you shall not use any metatags or other “hidden text” using eero’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Agreement. eero, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Company Properties terminates the licenses granted by eero pursuant to the Agreement.
As a part of the Company Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for eero to monitor such materials and that you access these materials at your own risk.
The following Additional Terms apply to your use of the Company Properties or eero Devices.
- Any warranties or additional purchasing terms that eero includes with your eero Devices; and
- Any additional terms or conditions eero may supply from time to time.
In the event of a conflict between the Agreement and the terms in any of the above Additional Terms, the Additional Terms shall control with respect to the applicable product or service.
Registering your Account
In order to access certain features of the Company Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account through the Application (“Account”) by either providing information directly to eero or allowing eero access to the User’s information by connecting a social networking service (“SNS”) account supported by eero to the Services (each such account, a “Third-Party Account”).
Access through a Social Networking Service
You may link your Account with your Third-Party Account, by allowing eero to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to eero and/or grant eero access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating eero to pay any fees or making eero subject to any usage limitations imposed by such third-party service providers. By granting eero access to your Third-Party Account, you understand that eero may access Content that you have provided to and stored in your Third-Party Account and that eero may associate and store this Content with the Content that eero has collected about you. You have the ability to disable the connection between your Account and your Third-Party Account at any time by accessing the “Settings” section of the Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND EERO DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT.
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Company Properties by minors. You may not share your Account with anyone, and you agree to (1) notify eero immediately of any unauthorized use of your Account or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or eero has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eero has the right to suspend or terminate your Account and refuse any and all current or future use of the Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. eero reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use the Company Properties if you have been previously removed by eero, or if you have been previously banned from any of the Company Properties.
Authentication and Network Passwords
Account login authentication
In order to login to your Account, you must enter a temporary identification code that we will send to an email address or telephone number that is registered to your Account. By entering your registered email address or telephone number during the login process, you agree that we may use this information to email or text you a temporary identification code. Some features of the Services require Account login and will not be available to you if you do not consent to this process.
Sharing network passwords
The Services permit you to send your network password to third parties via text message for the sole purpose of sharing network information. You acknowledge and agree that before you send a text message to a third party in order to share your network password, you must receive such third party’s prior express consent to receiving your text message.
By sending your network password via text message to a third party, you represent that you have received such third party’s prior express consent to receiving your text message.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. We accept payment by a valid credit card (Visa, MasterCard, or any other issuer accepted by us), Apple Pay or PayPal account (“Payment Provider”), or purchase order information in order to purchase eero Devices. Financing through Affirm (also a “Payment Provider”) for qualified purchasers is also available. Your Payment Provider agreement governs your use of the designated Payment Provider service , and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing eero with your credit card number or other Payment Provider account and associated payment information, you agree that eero is authorized to immediately invoice your Account for all fees and charges due and payable to eero hereunder and that no additional notice or consent is required. You agree to immediately notify eero of any change in your billing address or the credit card or Payment Provider account used for payment hereunder. eero reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.
eero’s fees are net of any applicable Sales Tax. If your purchase of any eero Devices or Services, or payments for any eero Devices or Services, under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to eero, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify eero for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that eero is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make all payments of fees to eero free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to eero will be your sole responsibility, and you will provide eero with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
You must notify us in writing within thirty (30) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address: email@example.com
Agreed usage and limitations of eero services
Intended user of eero services
The Company Properties are intended to be accessed and used for non-time-critical information and control of eero Devices and/or products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. Access to the Company Properties is subject to sporadic interruptions and failures for a variety of reasons beyond eero’s control, including service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that, to the fullest extent possible by law, eero is not responsible for any damages allegedly caused by the failure or delay of access to the Company Properties.
High Risk Applications
The Company Properties are not designed or warranted for use in applications or environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support machines, surgically implanted devices, weapons systems, or other applications, devices, or systems in which the failure of the Company Properties, or any part thereof, could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Notwithstanding any other provision of this Agreement, you may not use or permit any third party to use the Company Properties, or any part thereof, in connection with any High Risk Activity. To the fullest extent possible by law, you assume all risk of such uses, and if you or any third party you permit, use of the Company Properties, or any part thereof, in connection with High Risk Activities, you agree to indemnify, defend, and hold the eero Entities (as defined below) harmless from all claims, expenses, and liability arising as a result of such use. This provision does not require you to indemnify any eero Entity for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promises, misrepresentations, or concealment, suppression or omission of any material fact in connection with the Company Properties. You agree that the provisions in this section will survive any termination of your Account, the Agreement, or your access to the Company Properties.
No life-safety or critical uses of the Services
You acknowledge and agree that the eero Devices and the Company Properties, whether standing alone or when interfaced with third-party products or services, are not certified for emergency response. eero makes no warranty or representation that use of the eero Devices or any of the Company Properties with any third-party product or service will affect or increase any level of safety.
Reliability of notifications
You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR EERO DEVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by eero on what to do in an emergency is based on authoritative safety sources, but there is no way for eero to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. eero does not offer any specific uptime guarantee for the Services.
The Services will not be accessible without: (i) an Account; (ii) mobile clients, such as a supported phone or tablet that is running the Application (required for some functionality); (iii) always-on broadband Internet access in your home; and (iv) other system elements that may be specified by eero. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that eero may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with eero Devices connected to the same eero Account, and enable certain features.
The Services provide you information (“Device Information”) regarding the eero Devices in your home and their connection with other products and services. All Device Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
You warrant, represent and agree that you will not use the Company Properties (or permit any third party to use the Company Properties) to (a) take any action or (b) make available any Content on or through the Company Properties that: (i) violates the rights of any third party including by infringing or misappropriating any third party intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any local, state, national, or international law, statute, ordinance or regulation; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, embarrassing, hateful or otherwise inappropriate; (iv) constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; (v) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, without eero’s prior written consent; (vi) impersonates any person or entity, including without limitation any employee or representative of eero, claims a false affiliation, accesses any other Account without permission, or falsifies your age or date of birth; (vii) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program; (viii) jeopardizes the security of your eero Account or anyone else’s Account (such as allowing someone else to log in to the Services as you); (ix) attempts, in any manner, to obtain the password, account, or other information about any other User or third party without consent; (x) violates the security of any computer network, or cracks any passwords or security encryption codes; (xi) interferes with security-related features of the Services, including by disabling or circumventing features that prevent or limit use or copying of any content; (xii) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Company Properties, or any processes that otherwise interfere with the proper working of the Company Properties (including by placing an unreasonable load on the Services’ infrastructure); (xiii) copies or stores any portion of the Content made available on or in any of the Company Properties; (xiv) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Company Properties; or (xv) uses the Services to support or carry out emergency calls to any emergency services, such as public safety answering points; or (xvi) attempts to do any of the acts described in this section 6(h).
Interactions with other users
If you comment on any blogs or forums available on through the Company Properties, you are solely responsible for your interactions with other Users; provided, however, that eero reserves the right, but has no obligation, to intercede in any disputes. You agree that eero will not be responsible for any liabilities incurred as the result of such interactions. eero has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to any comments posted on Company Properties. You interact with other Users at your own risk. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT EERO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.
Energy Savings and Other Benefits
eero does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Devices or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond eero’s control or knowledge. From time to time, as a part of the Services, eero may provide you with emails containing information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Devices or Services. We do this to provide you with insights based on our analyses and information about you and your use of the Devices. You acknowledge that these emails are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from eero if your actual savings differ from the information in these emails.
Data protection, privacy, and other laws where you live may impose certain responsibilities on you and your use of the eero Devices and Services. You agree that you (and not eero) are responsible for ensuring that you comply with any and all applicable laws when you use the eero Devices and Services.
Third Party Products and Service
The Services rely on or interoperate with certain third party products and services (“Third Party Products and/or Services”). These Third Party Products and/or Services are beyond eero’s control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on the operators of these Third Party Products and/or Services, (ii) these Third Party Products and/or Services may not operate in a reliable manner 100% of the time, and they may impact the way that Services operate, and (iii) to the fullest extent possible by law, eero is not responsible for damages and losses due to the operation of these Third Party Products and/or Services. Use of any Third Party Products and/or Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and/or Services.
Interface to other Third Party Products and/or Services
Third Party Website Links and Referrals
The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. eero provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors.
Third Party Service Providers used by eero
You acknowledge that eero uses third party service providers to enable some aspects of the Services.
Equipment, ISP, and Carrier
You acknowledge and agree that the availability of the Application(s) is dependent on the third party websites from which you download the Application(s), e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that this Agreement is between you and eero and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Application(s) from it. You agree to comply with, and your license to use the Application(s) is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.
Release regarding Third Parties
You acknowledge and agree that eero makes no representation or warranty about the safety of any Third Party Product and/or Service, Third Party Site, Referred Vendor, Equipment, ISP or Carrier, and that eero is not responsible for the operation of the App Stores. Accordingly, to the fullest extent possible by law, eero hereby disclaims and you hereby discharge, waive and release eero for the use of any such products or services, or any personal injury, death, property damage (including without limitation, to your home), or other harm or losses arising from or relating to your use of such products or services. You should contact the third party vendor of the product or service with respect to any services provided by it.
You agree that eero and its suppliers own all rights, title and interest in the Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or the Company Properties.
eero’s name and other related graphics, logos, service marks and trade names used on or in connection with the Company Properties are the trademarks of eero and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Company Properties are the property of their respective owners.
Except with respect to any Content that you post on the Site (“Your Content”), you agree that you have no right or title in or to any Content that appears on or in the Company Properties.
eero does not claim ownership of Your Content. However, when you post or publish Your Content on or in the Company Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content
You hereby grant eero a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Company Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Company Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not eero, are responsible for all of Your Content that you make available on or in the Company Properties.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums or blogs on or in the Company Properties, you hereby expressly permit eero to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed, in connection with Your Content.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of eero.
You agree that submission of any ideas, suggestions, documents, and/or proposals to eero through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that eero has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to eero a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Properties.
Procedure for making claims of copyright infringement
It is eero’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to eero by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Company Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Company Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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 (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for eero’s Copyright Agent for notice of claims of copyright infringement is as follows: Olivier Adler, c/o eero, inc., 500 Howard Street, Suite 900, San Francisco, CA 94105.
Term and termination
These Terms will remain in effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of this Agreement. At any time, eero may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate this Agreement with respect to you, if eero in good faith believes that you have used the Services in violation of this Agreement, including any incorporated guidelines, terms or rules. If you transfer an eero Device to a new owner, your right to use the Services with respect to that eero Device automatically terminates, and the new owner will have no right to use the eero Device or Services under your Account and will need to register for a separate Account with eero.
Effect of termination
Upon termination of this Agreement, your Account and your right to use the Company Properties will automatically terminate.
You agree that you will be responsible for your use of the Company Properties, and you agree, to the fullest extent possible by law, to defend, indemnify, and hold harmless eero, its licensors, and their officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “eero Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Company Properties at any time; (ii) your violation of this Agreement 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. eero reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with eero’s defense of such claim. This provision does not require you to indemnify the eero Entities for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation, or concealment, suppression or omission of any material fact in connection with the Site, Application or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement, or your access to the Company Properties.
THE WARRANTY FOR EERO DEVICE IS SET FORTH IN THE LIMITED WARRANTY THAT ACCOMPANIES THE DEVICE AND IS AVAILABLE AT www.eero.com/legal/warranty THIS SECTION DOES NOT AFFECT IN ANY WAY OUR LIMITED WARRANTY www.eero.com/legal/warranty OR OUR RETURN & REFUND POLICY www.eero.com/legal/return-policy FOR THE EERO DEVICES.
THE COMPANY PROPERTIES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. EERO ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COMPANY PROPERTIES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EERO ENTITIES DO NOT WARRANT THAT THE COMPANY PROPERTIES OR ANY PART THEREOF, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY PROPERTIES WILL CREATE ANY WARRANTY OR CONDITION REGARDING EERO ENTITIES, OR THE COMPANY PROPERTIES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN DISCRETION AND RISK.
EERO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL EERO ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EERO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING THE FOREGOING, EERO DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AN EERO ENTITY OR FOR (B) ANY INJURY CAUSED BY AN EERO ENTITY’S FRAUD OR NEGLIGENCE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF EERO ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE COMPANY PROPERTIES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS (IF ANY) YOU HAVE PAID TO EERO OR EERO’S AUTHORIZED RESELLER FOR THE COMPANY PROPERTY AT ISSUE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF EERO FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AN EERO ENTITY , OR (B) ANY INJURY CAUSED BY AN EERO ENTITY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Allocation of Risk
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT EERO HAS OFFERED THE COMPANY PROPERTIES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN; THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EERO; AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EERO.
Accessing and downloading the Application(s) from the Apple App Store
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Agreement is concluded between you and eero only, and not Apple, and (ii) eero, not Apple, is solely responsible for the App Store Sourced Application and Content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between eero and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of eero.
You and eero acknowledge that, as between eero and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and eero acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between eero and Apple, eero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and eero acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Please read the following section carefully. It requires you to arbitrate disputes with eero and limits the manner in which you can seek relief from us. Please note that Section 16 does not apply to you if you are a Canadian resident.
Scope of Arbitration Agreement (“Arbitration Agreement”).You agree that all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by eero, including eero Devices, or to any other aspect of your relationship with eero, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or eero may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and eero, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Agreement.
This Arbitration Agreement shall apply, without limitation, to all claims that arose before the date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH EERO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST EERO IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Olivier Adler, 500 Howard Street, Suite 900, San Francisco, CA 94105 United States. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, eero will pay them for you. In addition, eero will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, eero will not seek attorneys’ fees and costs in arbitration unless the arbitration determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and eero. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and eero.
Waiver of Jury Trial YOU AND EERO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY You and eero are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS,ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this Section 16(e) is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 18(a).
30-Day Right to Opt Out You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: eero, 500 Howard Street, Suite 900, San Francisco, CA 94105 United States or email firstname.lastname@example.org. Your notice must include your name and address, your eero username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us
Severability If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
Survival of Agreement This Arbitration Agreement will survive the termination of your relationship with eero.
Modification Notwithstanding any provision in this Agreement to the contrary, we agree that if eero makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to eero.
Access outside certain countries
Although the Site is accessible worldwide, the eero Devices and Services provided or accessed through or on the Site are not available to all persons or in all countries. If you choose to access the Site from outside a country in which eero supports the eero Device and Services listed at https://support.eero.com/hc/en-us/articles/209572406-Does-eero-work-outside-of-the-US- on the Site ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the fullest extent possible by law, eero accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site or eero Devices in a non-Target Country. You will be bound by this Agreement wherever you access or use the Site or use the Services.
This Agreement, whether interpreted in a court of law or in arbitration, shall be governed AND INTERPRETED by the laws of the State of California, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. Notwithstanding the foregoing, if you are a Canadian resident, this Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The United Nations Convention on contracts for the International Sale of Goods does not apply to this to this agreement.
This Agreement (including the various additional terms incorporated herein by reference) constitutes the entire agreement between you and eero, and supersedes any and all prior agreements, negotiations, or other communications between you and eero, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.
In the event that any provision of the Agreement is held to be invalid or unenforceable, then: (a) such provision shall be of no force and effect and shall be severed from the Agreement; and (b) the remainder of the Agreement shall continue in full force and effect.
Compliance with laws
You agree to abide by all applicable laws in your use of the Site and eero Device, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions.
You may not assign this Agreement without the prior written consent of eero, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. eero may assign this Agreement without restriction. Subject to the foregoing, this Agreement shall be binding on the parties and their respective successors and permitted assigns.
You acknowledge and understand that if eero is unable to provide the Site or eero Device as a result of a force majeure event eero will not be in breach of this Agreement. A force majeure event means any event beyond the control of eero.
The failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. eero’s waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of this Agreement.
Consent to Electronic Communications
Where eero requires that you provide an e-mail address, you are responsible for providing eero with your most current e-mail address. In the event that the last e-mail address you provided to eero is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, eero’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. eero is not responsible for any automatic filtering you or your network provider may apply to email notifications. You must give notice to eero at the following email address: email@example.com
You may not use, export, import, or transfer eero Devices, or any services accessible via the Site, except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access to the Site or are using eero Devices, and any other applicable laws. In particular, but without limitation, eero Devices and services accessible via the Site may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using services accessible via the Site or ordering eero Devices, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Questions, complaints, and claims
If you have any questions, complaints or claims, please contact us by e-mailing firstname.lastname@example.org, by writing to eero, 500 Howard Street, Suite 900, San Francisco, CA 94105 United States, ATTN: Customer Support, or calling 415-738-7972. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The foregoing does not apply if you are a Canadian resident, in which case you may report complaints to Consumer Protection Ontario (https://www/ontario.ca/page/sonumer-protection-ontario).