Last Updated: April 23, 2023
These terms of service ("Terms") govern your use of the COROS Wearables, Inc. (collectively, "COROS", or "we", "us", or "our") devices, websites, and mobile properties, including www.coros.com, our app(s), and all other interactive features and communications we provide in connection with the websites or apps, however accessed or used, that we operate, make available, produce, or maintain (collectively, the "Service"). Use of this Service constitutes acceptance of these Terms. If you do not accept these Terms, you may not use the Service.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 23 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
COROS may change these Terms on a going-forward basis at any time and our sole discretion. If COROS changes these Terms, we will notify you of the changes. Our notice to you may include sending a message to the email address or text message number you provided to us or notice through the Service. We will also update the "Last Updated" date at the top of these Terms when we make changes.
Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to and use of the Service.
This Service is not intended for use by persons under the age of 16 without the consent and involvement of a parent or guardian. If you are under the age of 16, you may use the Service only with the consent and involvement of a parent or guardian. You must be 16 or older to register and use the Service and/or contribute User Submissions to the Service. You certify that you are 16 years old or if you are under 16, that you are using the Service with the supervision of your parent or legal guardian, who agrees to be bound by these Terms. Review these terms with your parent or guardian so that you both understand all of your rights and obligations.
COROS grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service. The Service may only be used for the intended purpose for which we make it available. We and our licensor(s) reserve all rights to the Service not expressly granted, whether by implication, estoppel, or otherwise.
Except as expressly permitted herein, you may not reproduce, sell, resell, or otherwise exploit the Service or any part of it for any purpose without our express written consent. Additionally, you will not: (a) use the Service or any Content for any commercial purpose; (b) make derivative use of the Service or Content; (c) download or copy account information for the benefit of a third party; (d) collect and use any content, including product listings, descriptions, or prices; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (f) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (g) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (h) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
Excluding Submissions, we and our licensor(s), vendor(s), agent(s), and content provider(s) own all of the content featured or displayed on the Service, including text, graphics, photographs, images, moving images, sound, and illustrations ("Content"). All elements of the Service, including without limitation the general design and the content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You are responsible for ensuring your use is permissible before reusing any Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Content, and all related rights remain the exclusive property of COROS or its licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed and are protected by US and international copyright laws.
All trademarks, service marks, and trade names of COROS used in the Service or the Content (including but not limited to COROS name, COROS corporate logo, the Service name, the Service design, and any logos) (collectively "Marks") are trademarks or registered trademarks of COROS or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.
You understand that you will need to create an account to access all of the parts of the Service. You will: (a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by the Service's registration or subscription page ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for the security and confidentiality of your password and account and for all use of your account. You will not share your account information or username and password with any third party or allow any third party to log on to the Service using your account information. You will immediately notify us of any unauthorized use of your account or any other security breach of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect your personally identifiable information.
If we specifically invite or request submissions or comments in connection with the Service, you may submit content (e.g., comments, participation in communities, etc.) to us ("Submissions"). You will only submit Submissions that you have a right to submit and that are not confidential. You may not post or submit a photograph of another person without that person's permission. You expressly grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display your Submissions and your name, voice, and/or likeness as contained in your Submissions, in whole or in part, and any form throughout the world in any media or technology to operate and provide the Service to you and our other users of the Service. Submissions are non-confidential, and we are under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Submission.
You may not submit any Submissions that result from or reflect or portray any activity that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; or (c) may constitute a crime or tort. You have not and will not engage in any of the foregoing activities concerning producing your Submissions. Without limiting the foregoing, in conjunction with your Submissions, you will not: inflict emotional distress on or humiliate others, assault or threaten others, infringe or misappropriate another person's intellectual property, impersonate any other person, or misrepresent your affiliation, title, or authority, send or post unsolicited advertisements or "spam" on or through the Service, or otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. We may, but are not obligated to, monitor Submissions and remove, refuse to post, edit, truncate, or excerpt any Submission in our sole discretion. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to these Terms, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Service and/or the immediate removal of the related materials from the Service at any time without notice. We take no responsibility and assume no liability for any Submissions you or any third party may post.
Submissions do not represent our views or those of any individual associated with us, and we do not control Submissions. You will not represent or suggest, directly or indirectly, our endorsement of Submissions. We do not vouch for the accuracy or credibility of any Submission and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any Submission. You may be exposed to Submissions that you may find offensive, objectionable, harmful, inaccurate, or deceptive through your use of the Service. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. By using the Service, you assume all associated risks.
If you give to COROS any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), you give to COROS, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your feedback in any way and for any purpose. COROS will treat any Feedback you provide to COROS as non-confidential and non-proprietary. You agree that you will not submit to COROS any information or ideas you consider confidential or proprietary.
The information contained in the app is provided for informational purposes only. You should not use the information available on or through the Service to diagnose or treat a health problem or disease or prescribe medication. You should read all product packaging carefully before use. Consult your healthcare professional if you have a health condition or are pregnant or nursing before consuming COROS's products. INFORMATION PROVIDED IN THE SERVICE ABOUT TESTS, CONDITIONS, DIAGNOSES, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE SERVICE DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION. USE OF THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTHCARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS AND ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE SERVICE DOES NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE.
The Service may contain links to websites we and our affiliates do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor our affiliates are responsible for any content, materials, or other information on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Service, you do so entirely at your own risk.
We may promote the services of third parties ("Partners") within the Service. In cases where you use Partner services, you transact directly with the Partner. When using these Partner services, you are bound by the Partner's terms of service in addition to remaining bound by these Terms. If there is a conflict between these Terms and a Partner's terms of service, the Partner's terms of service will prevail with respect to the Partner's services. We do not license any intellectual property to you as part of any Partner's services and are not responsible or liable to you or others for information or services provided by any Partner.
If you gave us your email address or phone number in connection with your account, then we may send notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you notifications by other means (for example, in-product messages). Data or messaging rates may apply if you receive notifications via SMS.
You agree that COROS is not liable for any outcome caused by failing to send out an SOS message. We make no warranty that an SOS message will be sent out under any circumstance. You agree that while using the COROS products, the SOS message depends on the cellular network, server maintenance, and other unpredictable issues.
This Section 16 applies to you if you purchase products on our websites. If you purchase products through a third-party website, this Section 16 does not apply to you.
If you choose to access this Service from locations outside of the United States ("Foreign Territories"), it is your responsibility to understand and obey all applicable local, state, federal, and international laws (including minimum age requirements) with respect to the use of the Service and the possession, use, and sale of any item purchased through the Service.
We may fulfill or refuse to fulfill any product order made by any user, including but not limited to any order we reasonably suspect to be for onward sale other than through distribution channels we have approved. You may only purchase products for personal, non-commercial use. If we have charged you and then refuse fulfillment, we will communicate the reason for the refusal and issue an applicable refund.
Content, and Specifications. Details of the products and services available for purchase are set out on the Service. All features, content, specifications, products, and prices of products and services described or depicted on this Service are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors (however, the actual color you see will depend on how accurately your computer displays such colors) and prices. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Our third-party carrier will ship products of your order to an address you designate as long as that address complies with the shipping restrictions contained in this Service, and shipping charges may apply. Risk of loss and title for items purchased from this Service pass to you upon delivery to the carrier. A signature may be required for deliveries. COROS does not guarantee any particular delivery date and is not responsible for any delays.
You may return or exchange a product or service purchased from this Service if the product or service is defective or for any reason within 30 days of the delivery date. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. If the return or exchange is due to an incorrect order or faulty product, COROS will be responsible for the shipping costs associated with such a return. In all other cases, you will be responsible for the return. COROS will only accept returned or exchanged products or services that comply with the following:
We attempt to ensure that information on the Service is complete, accurate, and current. Despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service. For example, products included in the Service may be unavailable, have different attributes than those listed, or carry a different price than that stated on the Service. In addition, we may change information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information before the acceptance and/or shipment of any order.
Prices stated for products and services exclude all applicable taxes unless stated otherwise. Transaction totals with a tax line item may reflect an estimated tax amount. The actual tax amount is calculated based on your shipping location for a single purchase or your location when you registered for a recurring service and may vary from the estimated tax. You are solely responsible for paying all taxes.
For all charges or deposits for any events, products, and services ordered by you on or through the Service, COROS or its vendors or agents will charge your card or alternative payment method offered by COROS, and you agree to pay all such charges or deposits. You understand that we may hold and store your payment information to facilitate payment, deposit, and damage reimbursement. When you provide card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent that you are the authorized user of the card or payment account. We may suspend or cancel the Service if we do not receive an on-time, full payment from you. Suspension or cancellation of the Service for non-payment could result in losing access to and use of your account and its content. In the event legal action is necessary to collect on balances due, you agree to reimburse COROS and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for the use of the service.
On occasion, COROS may issue promotion codes for redemption at checkout. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the promotional code's total value exceeds the item's price. You may not combine multiple promotional codes in one transaction. COROS is not responsible for any financial loss arising from our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.
You or we may suspend or terminate your account or use of this Service at any time, for any reason or no reason, with or without prior notice. You are personally liable for any orders placed or charges incurred through your account before termination. We may also block your access to the Service if (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If your account is terminated, we may delete data or your Submissions or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Service or your data or Submissions.
YOUR USE OF THE SERVICE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COROS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER COROS NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COROS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
COROS DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL COROS BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICE OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS SERVICE. IN NO EVENT WILL COROS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES CONTAINED IN ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL COROS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR TO WHICH YOU SUBSCRIBE THROUGH THE SERVICE.
THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS OR THE SERVICE.
You will defend, indemnify, and hold COROS and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (a) the use of the Service or your submission (s) or other content, message, or information you provide or transmit on or through this Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party's access and use of the Service with your unique username, password, or other appropriate security code.
If you have a dispute with one or more users of the Service, you release COROS (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Neither COROS nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS YOU AND COROS HAVE AGAINST EACH OTHER ARE RESOLVED. This section is deemed a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and COROS agree that we intend this section to satisfy the "writing" requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any purchases or other transactions or relationships with COROS or (iii) any data or information you may provide to COROS or that COROS may gather in connection with such use, interaction, or transaction (collectively, "COROS Transactions or Relationships"), you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or arbitration. By using or interacting with the Service or engaging in any other COROS Transactions or Relationships with us, you agree to binding arbitration as provided below.
You further agree that:
(a) Arbitrator Will Interpret These Terms. The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this section, including but not limited to any claim that all or any part of these Terms is void or voidable;
(b) Location of Arbitration. The arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and COROS; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(c) Governing law. The Arbitrator (i) will apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the US, irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;
(d) No Class Relief. The arbitration can resolve only your and COROS's claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated;
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(f) Arbitration Costs. If you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, COROS will pay as much of your filing and hearing fees in connection with the arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(g) Reasonable Attorney's Fees. If, through the process set forth in this section, you recover an Award greater than COROS's last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys' fees associated with the arbitration, and we will bear our own attorneys' fees;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect, and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, "No Class Relief" is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor COROS shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
(i) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against COROS in your local small claims court within the US if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
(j) Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor COROS can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision and must include your name and residence address, the email address you use for your COROS account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: email@example.com; and
(k) Intellectual Property Disputes. Notwithstanding the foregoing, COROS or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the State of California. To the extent the provisions in the section titled Dispute Resolution do not apply, you consent to the exclusive jurisdiction of the state and federal courts in Orange County, California. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted, or secure access to the Service, and the operation of the Service may be interfered with by numerous factors outside of our control. Except as set forth in the section titled Dispute Resolution above, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions will be enforced. You agree that COROS may automatically assign these Terms and all incorporated agreements in our sole discretion. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.
In operating the Service, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Service. COROS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. COROS has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of COROS or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., the proper party for notice) to whom you should address infringement notices under the DMCA is firstname.lastname@example.org.
Please provide the following notice:
We may notify our users of any infringement notice by means of a general notice on the Service, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
The following applies to any part of the Service you acquire from an electronic store branded, owned, or controlled by Apple or any affiliate of Apple ("App Store-Sourced Software" ):
You acknowledge and agree that these Terms are solely between you and COROS, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software 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 Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to COROS as a provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to COROS as a provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You and COROS acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
If you do not understand any of these Terms of Service or have any questions or comments, you may contact us at email@example.com.
All design, graphics, text selections, arrangements, and all software are Copyright © 2023, COROS and its affiliates and licensors. ALL RIGHTS RESERVED.