Loading ...
Loading ...
Loading ...
4 / 4
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE
OBLIGATIONS UPON HISENSE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED
OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT.
THE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE
STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH HISENSE IS ABLE TO DO SO,
ITS LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, SOLELY AT ITS OPTION, IN
THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE
PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN, AND IN THE CASE OF
GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT
GOODS; OR (B) THE REPAIR OF THE GOODS; OR (C) THE PAYMENT OF THE COST OF
REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT
OF THE COST OF HAVING THE GOODS REPAIRED.
TO THE EXTENT PERMITTED BY LAW, HISENSE AND ITS AFFILIATES DISCLAIM ALL
LIABILITIES WITH RESPECT TO YOUR USE OF THE HISMART@ SERVICES (REGARDLESS
OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER
ACCOUNT AND/OR PAYMENT OF A FEE). IF ANY PORTION OF THE TERMS ARE ILLEGAL
OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THE
TERMS, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THE TERMS MAY NOT
BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM HISENSE.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Georgia, U.S.A. to the exclusion of any laws of any
other jurisdiction, including but not limited to the laws of any foreign jurisdictions, and excluding conflicts of
law rules and principles. By accepting the Terms or by your use of the HISMART@ Services, you are agreeing
that the Terms and all other aspects of the HISMART@ Services will be construed in all respects in accordance
with the laws of the State of Georgia, U.S.A. applicable to the agreement entered into and to be wholly performed
therein, and you agree to submit to the non-exclusive jurisdiction of the courts of Gwinnett County, State of
Georgia, U.S.A.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN CONNECTION WITH ANY
DISPUTE ARISING OUT OF OR RELATING TO THE TERMS.
ACTIONS REQUIRED BY LAW
Hisense may need to comply with the lawful interception and/or data retention requirements of local law
enforcement agencies from time to time. Hisense may restrict access to any part of HISMART@ Services or
terminate your access to the HISMART@ Services, at any time in its sole discretion if required by law or by the
relevant authorities or regulatory agencies to do so.
MISCELLANEOUS
The Terms are binding on successors and assigns. Neither Hisense nor its affiliates will be responsible for any
non-performance or delay attributable in whole or in part to any cause beyond their control. Hisense’s failure
to enforce any term of the Terms shall not constitute a waiver of that provision. Nothing contained herein shall
be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You
acknowledge that you have read the Terms, that you understand them, that you agree to be bound by the Terms,
and that the foregoing is the complete and exclusive statement of the Terms.
This Terms of Use is effective as of the Effective Date first given above. We reserve the right to change this
TOU at any time or for any reason and at our sole discretion, without the need for further notice. We will post
any changes to the TOU within a reasonable period. You are responsible to check the App for any changes to
the TOU. Your continued use of this App subsequent to such changes shall constitute your acceptance of all
such changes.