Terms of Use

Last Updated: October 19, 2018

TERMS OF USE
SOFTBANK ROBOTICS AMERICA, INC.

These Terms of Use (the "Terms of Use") sets forth the agreement between SoftBank Robotics America, Inc. (“SBRA,” “we,” “us” or “our”) and each user ("you" or “your”) governing your use of SBRA’s website located at https://www.softbankrobotics.com/us/ as well as other websites that SBRA operates and that link to these Terms of Use (collectively, the “Sites”) and your use of SBRA’s products and services (collectively, the “Services”).

By visiting and accessing the Sites and using the Services, you accept and agree to be bound by the Terms of Use and SBRA’s Privacy Policy found here. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR SBRA’S PRIVACY POLICY, PLEASE DO NOT USE THE SITES OR THE SERVICES. In addition, when accessing the Sites you shall be subject to any posted guidelines or rules applicable to the Sites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

1. Changes to the Terms of Use
SBRA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use or may change, modify, add or remove any features of the Services including any products or services offered on the Sites, at any time without notice. It is your responsibility to check these Terms of Use for changes or updates. Your use of the Sites or Services shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.
2. Privacy Policy

SBRA’s Privacy Policy applies to your use of the Sites or Services, and its terms are incorporated into these Terms of Use by reference. To view SBRA’s Privacy Policy, click here.


3. Intellectual Property

You acknowledge that all designs, graphics, text, user interfaces, pictures, trademarks, logos, sounds, music, artwork, software and computer code, and other content contained on the Services or presented on the Sites (collectively “Content”) including, but not limited to, the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content thereof, are the property of SBRA, its parent company, its affiliates or its licensors, and are subject to and protected by United States and international trademark, copyright, patent, and other intellectual property laws and rights. You will not obtain any ownership interest in the Content through these Terms of Use or otherwise. All rights to Content not expressly granted in these Terms of Use are reserved to their respective owners.
Except as specifically permitted by these Terms of Use or by SBRA’s express written permission, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of or otherwise republish, transmit, or use any of the Content in any form (in whole or in part) or by any means through any medium for distribution, publication, or any commercial use.

Without limiting the foregoing, except as otherwise set forth in these Terms of Use, if you do use any Content we provide to create any derivative content, software, or other works (“Derivative Works”), you hereby grant to SBRA a perpetual, irrevocable, unlimited, worldwide, fully paid up, freely transferable and sub-licensable license to copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative content of, or otherwise use the Derivative Works, by any and all manner, method and process and in any and all media now known or hereafter devised.
The SoftBank Robotics and Pepper logos and other trademarks and logos pertaining to the Site and Services are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SBRA and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
4. Your Use of the Sites

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites, or in any way reproduce or circumvent the navigational structure or presentation of the Sites, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. SBRA reserves the right to bar any such activity.

You may not violate or attempt to violate the security of the Sites, including by, without limitation, (a) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization, such as, but not limited to, hacking or researching passwords; (b) decompiling, reverse engineering, disassembling, attempting to derive the source code of any software or security components of the Sites; (c) violating, tampering with, or circumventing the security of any computer, system, or network of the Sites, Content, and/or any associated tools, software, and other materials, passwords, encryption codes, technological protection measures, or to otherwise engage in any type of illegal activity, or to enable others to do so; (d) attempting to interfere with proper working of the Sites, host or network, including without limitation via means of submitting a virus to the Sites, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) engaging in any activity with the intent to harm or damage the reputation of SBRA, its parent company, affiliates and/or licensors (including original creator of any works) or (f) forging communications on behalf of the Sites or SBRA. You may not send unsolicited or unauthorized e-mail on behalf of SBRA, including promotions and/or advertising of products or services. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites, or to any of the services offered on or through the Sites, by hacking, password "mining" or any other illegitimate means.
5. Your Use of the Services and Code of Conduct

You may not use the Services if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Services only with involvement of a parent or legal guardian.
You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes on the rights of SBRA or others.
Any Derivative Works you create must not contain or feature any of the following:
- insults or profanities;
- any elements as well as any insinuation or inference relating to any insults, derogatory images or remarks of any particular religion, culture, region, race, individual, or group of people;
- verbal abuse or offensive language;
- personal information, such as names of individuals, telephone numbers, addresses and email addresses or reproduction of third-party image, likeness or voice without the appropriate releases and licenses;
- credit card details, social security numbers, bank details, or any other information that could lead to identity theft;
- other websites or features with hyperlinked text or a URL;
- any other materials or elements that SBRA or its licensors determine are inappropriate for any reasons.
6. Links to Third Party Websites

The Sites may contain links to independent third-party websites that are not owned or controlled by SBRA (“Third Party Sites”). These Third Party Sites are operated by third parties, and SBRA assumes no responsibility for the content, privacy policies or practices of such Third Party Sites. These Third Party Sites are provided solely as a convenience to our visitors and SBRA does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, or merchantability of those Third Party Sites or the products and services they offer. SBRA does not sponsor or endorse the content of such Third Party Sites. These Third Party Sites are governed by their own terms of use and privacy policies and it is your responsibility to read and understand them.
7. Disclaimers and Limitation of Liability

SBRA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING ANY CONTENT, PRODUCT, OR THE SITES WILL BE ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED. SBRA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SITES.
THE SITES OR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITES AND SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. SBRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AGAINST LOSS OR CORRUPTION OF DATA AND ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SBRA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES, SERVICES, AND ANY LINKED THIRD PARTY SITES.
EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT SHALL SBRA OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Termination of Use

We may, in our sole discretion, terminate or suspend your access to the Sites or your use of the Services at any time without any liability to you.

9. SBRA’s Unsolicited Idea Submission Policy

SBRA depends on its employees and consultants for ideas involving new products and improvements to existing products and services. These employees and consultants have firmly-established legal relationships with SBRA.

SBRA’s company policy, however, does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials pertaining to our products or services (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes if products, services or features developed or published by SBRA fortuitously appeared similar or identical to ideas that may have independently submitted to SBRA by You or any third party.
If, despite the above, you still elect to communicate a Submission to SBRA, then regardless of any terms you may specify, only the following terms shall apply to your Submissions: You agree that the Submissions shall be deemed non-confidential and non-proprietary. SBRA shall have no obligations concerning the Submissions, including but not limited to, no obligation to review or return any materials or acknowledge receipt of any Submissions. SBRA may use, redistribute, or disclose the Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.
10. Governing Law

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
The Sites and Services are controlled and operated by SBRA from within the United States of America, and are intended for use only by residents of the United States. SBRA makes no representations or warranties that content or materials on the Sites or Services are appropriate or lawful in any foreign countries, or that the Sites (including any products or software offered for sale or download through links on the Site) will be available outside the United States. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Sites or any copy or adaptation of such content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of these Terms of Use shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. These Terms of Use shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms of Use.
11. Governing Law; Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Our goal is to provide you with a neutral and cost-effective means of resolving any dispute quickly. Therefore, for any claim related to these Terms of Use where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by mailing a written notice to SBRA at the address listed below, explaining the reasons for your claim and providing your contact information. SBRA may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of SBRA's offer to settle or SBRA's receipt of your claim notice (whichever is later), you may invoke binding arbitration by mailing a separate demand for arbitration to SBRA at the address listed below. A party electing arbitration shall initiate it 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, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County, California); (c) the ADR provider may award any form of individual relief; (d) SBRA will pay all arbitration costs for non-frivolous claims; (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (f) SBRA may not seek reimbursement of its attorney's fees in connection with such arbitration unless your claim is frivolous; (g) claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section. (The rights to attorneys’ fees and expenses discussed above supplement any right to attorneys’ fees and expenses you may have under applicable law, but you may not recover duplicative awards of attorneys’ fees or costs).

The formation, construction and interpretation of these Terms of Use shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. These Terms of Use shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms of Use.

All claims you bring against SBRA must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of these Terms of Use.
12. Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, California users are entitled to the following consumer rights notice: SBRA is located at 150 California Street, 10th Floor, San Francisco, CA 94111. if you have a complaint regarding the Sites or desire further information on use of the Sites, email support@softbankrobotics.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

13. Contact

Any question regarding these Terms of Use may be sent to the following address:
SoftBank Robotics America, Inc.
Attn: Legal Department
150 California St, 10th Floor
San Francisco, CA 94111