YOUR ACCEPTANCE
These Terms and Conditions (these “Terms”) are between Neo Smart Living and/or its affiliates (referred to as “NSL”, “us”, “we”, or “our” as the context may require) and the person (“you” or “your”) using any of the websites offered by NSL (collectively, the “Site”) to conduct consumer transactions with NSL. These Terms apply to the pre-order of NSL’s pre-fab units (“Units). All consumer transactions conducted using the Site will be governed by these Terms. These Terms only apply to consumer transactions between you by NSL that are conducted using the Site. If you purchase any of NSL’s products and services from a dealer or other third party, these Terms do not apply to that transaction. If you purchase a Unit directly from NSL, you will be required to sign a purchase agreement (the “Unit Purchase Agreement”) in the form provided by NSL at the time you accept delivery of the Unit, and the Unit Purchase Agreement will govern the terms and conditions of that sale, not these Terms.
You may place pre-orders and orders on this site only if you accept these terms. by clicking on the “submit order” button or any similar icon, you agree to be bound by all of these terms.
Please read these terms carefully. these terms are legally binding and contain important information regarding your rights and obligations, including limitations of liability and your obligation to indemnify NSL and others affiliated with NSL [for your breaches of these terms.]
We may change these Terms at any time. Please review these Terms each time you use the Site to conduct a consumer transaction for Products. By using the site and placing a pre-order for a unit or an order for accessories, you agree to be bound by the most recent version of these terms.
ELIGIBILITY
You may not order or obtain products from this site if you (A) DO NOT agree to these terms, (B) ARE NOT the older of (i) at least 18 years of age or (ii) Legal age to form a binding contract with NSL, or (C) are prohibited from accessing or using this site or any of this site’s content or product by applicable law. These terms apply only to orders made by the consumer located in the United States of America. If you are not located in the United States of America and NSL’s products are available in your country or jurisdiction, different terms and conditions will apply.
OUR PRIVACY POLICY
Our Privacy Policy describes the information NSL collects when you and others use the Site. It also describes how NSL uses any personal information you share with it. The Privacy Policy is part of these Terms. By agreeing to these Terms, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here https://neosmartliving.com/privacy-policy/ to review our Privacy Policy.
CONTACTING YOU
By accessing the Site and providing a cellular phone number to us, you expressly consent and agree that NSL and its representatives and agents (collectively, “NSL Representatives”) may place calls and send text messages to any cellular (or non-cellular) telephone number provided to any NSL Representatives by you, or anyone purporting to act on your behalf, for any purpose related in any way to your use of the Site, including without limitation: as part of the registration process, to assist in the delivery of Products and in response to any other requests for information, goods, or services you submit through the Site, to notify you of changes in these Terms or other agreements between you and NSL and/or for user-experience improvement surveys. By accessing the Site and providing an email address to us, you further consent and agree that NSL Representatives may contact you using your email address for the same purposes. This provision is a material term of the agreement between you and NSL and cannot be unilaterally modified, revoked, or withdrawn by you.
You represent and warrant that you are the owner and/or primary user of all cellular telephone numbers you provide to us. If your cellular (or non-cellular) phone number changes, you agree to notify us immediately. NSL is not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for receipt of text messages or calls. You also agree that NSL Representatives may record or monitor any or all conversations that you have with the NSL Representatives, without any further notification and for any reason
PRE-ORDERING UNITS
You may use the Site to place a pre-order for a Unit (a “Pre-Order”). Each Pre-Order you submit for a Unit acts as a deposit for a future purchase of the Unit. These Terms do not constitute an agreement for the sale of a Unit and do not lock in pricing, a firm pickup date, or a specific Unit configuration. We may decline Pre-Orders as we deem appropriate in our sole discretion. If your Pre-Order is declined, you will be notified and your deposit will be refunded. Any deposit made for the Pre-Order of a Unit is final and nonrefundable unless you cancel your Pre-Order within 24 hours after you make the payment. If you wish to cancel your Pre-Order, please notify us at support@neosmartliving.com.
(a) Specifications for Units, features, materials and colors are subject to change after you place your Pre-Order. We will use reasonable efforts to notify you of any material changes to the specifications of the Unit that you pre-ordered.
(b) To complete the purchase of a Unit directly from NSL, you will need to speak with a NSL representative and execute NSL’s Purchase Agreement. Payment in installments of the purchase price for the Unit, including taxes and other governmental fees, will be required prior to delivery of the Unit, and your deposit will be applied to the amount due.
PRICES AND PAYMENT TERMS
a) All prices posted on this Site are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be charged to you.
b) We do not warrant that the prices, quotations, anticipated completion and delivery dates, and descriptions made or referred to on our Site are accurate, free of typographical errors, complete, reliable, current, or error-free. We reserve the right to cancel any orders arising from such errors. Promotional prices may be offered for select Products and are subject to additional terms related to such promotion. The prices, quotations and descriptions made on the Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described above).
c) Terms of payment are within our sole discretion. Payment will be made by the payment method you select during the order process through the Site.
CANCELLATION AND REFUNDS
a) To place a pre-order reservation for a unit, you must make a deposit. If we accept your pre-order for a unit, we rely on that pre-order to guarantee availability for an in-depth consultation to place your order to place your pre-order into a manufacturing queue. Therefore, unless you cancel your pre-order within 24 hours after placing the pre-order, NSL reserves the right to retain your deposit if you cancel prior to acceptance.
YOUR REPRESENTATIONS
By submitting a Pre-Order for a Unit, you represent and warrant that:
a) You are an individual consumer located in the United States of America who is ordering the Product for your own personal use in compliance with these Terms;
b) You are not impersonating another person;
c) All information supplied by you is accurate and complete, including all credit card information;
d) You are not utilizing any program or routine to accelerate orders or to make multiple orders through different accounts to conceal your identity; and
e) If you are making a payment with a credit card, you are authorized to use such a credit card.
WARRANTY; DISCLAIMERS
Except for the express warranties set forth in our limited manufacturer’s warranty (if applicable), to the fullest extent permissible under applicable law, the products that you order from us through the site are provided to you “as is,” and your use is at your own risk. To the fullest extent permissible under applicable law, we do not make, and hereby disclaim, any and all express, implied, or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement of the rights of third parties, and any warranties arising from a course of dealing, usage, or trade practice. To the fullest extent permissible under applicable law, all warranties are personal to you and non-transferable.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties, so the above exclusions and limitations may not apply to you.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, NSL, its affiliates and each of their directors, officers, employees, consultants, vendors, licensors and suppliers (collectively, the “NSL parties”) shall not be liable for any damages suffered under, relating to, arising out of, or claimed to arise out of, these terms or the products, except for the remedies provided by NSL under the limited warranty, claims arising from the material breach of these terms by NSL or the willful misconduct of the NSL parties. In no event shall the NSL parties be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, however arising, whether for breach or in tort, even if the NSL parties have been previously advised of the possibility of such damage.
If you have any basis for recovering damages (including breach of these terms) from any NSL parties in connection with the products or these terms, you agree that your exclusive remedies are the commercially reasonable efforts of NSL to repair or correct the product, to accept a reasonable substitute for the product or to recover from the NSL parties damages up to an amount equal to the cost of your product, the total fee for the month during which the breach occurred (or up to $100.00 if the claims relate to any products that are free).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the NSL Parties from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, fines, and expenses (including reasonable attorney’s fees) incurred by any NSL Parties arising out of or occurring in connection with: (i) any breach of these Terms by you; (ii) any uses, decisions, actions or inactions made by you, based on the Products, including personal injury or death, property damage or harm, or fine related to the misuse of the Products; and (iii) your negligence, gross negligence or willful misconduct, **[provided that you shall have no such obligation to the extent the liability or loss is caused by NSL’s negligence, gross negligence or willful misconduct or by a manufacturing or design defect in the Products.]
ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Agreement is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign these Terms and our rights and obligations, in whole or in part, without notice to you, to any affiliate or to a successor in interest to the business to which this agreement relates, whether by merger, sale of stock, sale of all or substantially all of the assets or otherwise.
NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of NSL.
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY
If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms.
SPECIAL NOTICE TO RESIDENTS OF CALIFORNIA.
California users of the Products are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
NOTICES
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to support@neosmartliving.com ; (ii) by facsimile or (ii) by personal delivery, overnight courier or registered or certified mail to: Neo Smart Living, 14762 Central Ave, Chino, CA 91710, Attention: Legal. We may update the email address, facsimile number, or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices sent by email will be effective on the date that the email is received by NSL. Notices provided by facsimile transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
EXPORT RESTRICTIONS
The Products provided under these Terms are for your internal use and not for further commercialization. You acknowledge that some or all of the Products, including the materials contained thereon, may be controlled or restricted under the United States Export Administration Laws and Regulations, the United States Treasury Department, the Office of Foreign Assets Control (“OFAC”), or other applicable laws and regulations relating to the export of products and may be subject to the approval of the U.S. Department of Commerce or Treasury, respectively, prior to export. Any export or re-export of Products by you, directly or indirectly, in contravention of any export control laws, economic sanctions or other laws or regulations applicable to you, the Products (“Export Control Laws”) is prohibited, and you shall comply with such laws and regulations, including the Export Control Laws of other countries, and you are responsible for obtaining any required export authorizations, government approvals and licenses required by any Export Control Laws. The Products will not be sold for use in, or to parties that are suspected to be involved in, the development, production, use or stockpiling of weapons of mass destruction; to entities or individuals on any applicable lists of parties denied export privileges (including, without limitation, http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm), or to parties in any embargoed countries. By accessing the Site, and/or purchasing or using the Products, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government or the European Union, that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by the United States (including OFAC) or similar sanction lists maintained by the European Union and other applicable governments and that you are purchasing and will use the Products in compliance with all laws governing export control.
GOVERNING LAW
Except as set out below, any claim arising from or relating to these Terms is governed by the laws of the State of California without regard to conflicts of laws principles.
DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER.
All claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or your use of the Products and Service will be finally resolved by binding arbitration on an individual basis, except that you and NSL are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that, except for the equitable relief described in the previous sentence, neither NSL nor you will sue in court before a judge or jury, unless you opt out of arbitration as provided below. NSL and you also agreeing that no dispute subject to the terms of this Section 24 will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between NSL and you.
The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”), except to the extent they conflict with these Terms. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. NSL and you will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Any relief awarded in arbitration cannot affect other end users and will be kept confidential. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless nonappearance arbitration is elected, the arbitration will be held in **[Los Angeles, California]. If nonappearance arbitration is elected, the arbitration will be conducted by phone, onlinewritten submissions, or a combination of the three, at the election of theing arbitration, and the arbitration will not involve a personal appearances mutually agree otherwise. If you demand arbitration first, you will pay the claimant’s initial arbitration filinganagement fees required by the Rules up to $125 USD, and NSLl filing fee or case management fee. Notwithstanding any contrary provisions in the Rules but subject to the previous sentencets for the arbitrator unless the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
NSL AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither NSL nor you will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of NSL or you act(s) or propose(s) to act as a representative for others. NSL and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of NSL, you, and every other party to that arbitration or proceeding. Without the written consent of NSL, the arbitrator may not consolidate or join more than one person or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.
You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of your decision to opt out in accordance with this Section 24. If you do so, neither you nor NSL can force the other to arbitrate. To opt out, you must notify NSL in writing no later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name and address, the email address you used to purchase the Products, and an unequivocal statement that you want to opt out of this arbitration. Send your notice to: 14762 Central Ave, Chino, CA 91710, Attention: Legal. In the event of a dispute between you and NSL, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period.
If you elect to opt out, each of you and NSL irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts located in Yakima County, Washington in connection with any matter arising out of these Terms, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with these Terms.
ANY LEGAL ACTION BROUGHT BY YOU AGAINST NSL OR ANY OF THE NSL PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
This Section 24 may be changed from time to time in accordance with the preamble of these Terms. For purchases of Products, the version of this Section 24 in force at the time of your purchase will govern. If you did not opt out of mandatory arbitration as provided above, you may reject any change we make to this Section 24 by sending us notice within thirty (30) days after first becoming subject to the amended Terms. Send your notice rejecting changes to this Section 24 to: 14762 Central Ave, Chino, CA 91710, Attention: Legal. In the event of a dispute between you and NSL, to invoke your right to apply an earlier version of this Section 24, you must retain a copy of your rejection notice, as well as proof of mailing of your rejection notice during the period of time in which you intend to pursue any claim. NSL reserves the right to make additional amendments to this Section 24. If you wish to reject additional changes to this Section 24, you must notify us in accordance with this Section 24 for each change in accordance with the terms hereof.
ENTIRE AGREEMENT; CONFLICTING TERMS
Your order, our order confirmation, these Terms, the Terms of Use and Privacy Policy on the Site will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. If there is a conflict between these Terms and the Terms of Use and Privacy Policy, the Terms of Use and Privacy Policy shall have precedence with respect to the subject matter covered by it, and otherwise these Terms shall have precedence.