Terms of Service and Acceptable User Policy
Terms of Service
Effective Date: December 01, 2016
These Terms of Service (“Terms”) govern your use of the www.invizbox.com
website (the “Site”) and the Invizbox devices, VPN and related service (the
“Services”), which are owned and operated by Invizbox (“Invizbox,” “we”
or “us”). Our Privacy Policy is incorporated by reference into these
Terms, and is subject to the provisions of these Terms,. Please read
these Terms carefully before you access the Site or Services, as these
Terms form a binding legal agreement between you and Invizbox.
By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE
THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR
ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME,
INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES
THE INVIZBOX PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.INVIZBOX.COM/PRIVACYPOLICY/.
- Changes to the Terms
- VPN Service
- Authorized User; Your Responsibility
- Personal Information
- Personal Use; Limited License
- Software
- SPAM
- Fees; Payment Terms
- Use of Services
- Third-Party Content
- Acceptable Use Policy
- Copyright Protected Materials
- Export Control Laws
- Right to Restrict or Terminate Access
- Security
- Children and Minors
- DISCLAIMER OF WARRANTY
- LIMITATION OF LIABILITY
- Indemnity
- General Terms
- InvizBox Device Warranty
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- Changes to the Terms We may add to, change or remove any part of these Terms, at any time
without prior notice to you other than listing of a later effective
date than the one set forth at the top of this policy. Such modification
shall be effective immediately upon posting at the Site. As your next
visit to a Site or use of the Services may be governed by different
Terms, we encourage you to look for a new effective date on these Terms
when you visit the Site or use the Services. It is your responsibility
to check these Terms periodically for changes. If we make any material
changes to these Terms, we will endeavor to provide registered users
with additional notice of any changes, such as at your e-mail address of
record, when you log-in to your account, or when you log-in to the
Services.Your use or continued use of the Site or Services following the
posting and/or notice of any changes to these Terms or any other posted
policies shall constitute your acceptance of the changed Terms or
policies
- Changes to the Terms We may add to, change or remove any part of these Terms, at any time
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- VPN Service You understand that we are providing you with a virtual private
network (“VPN”) service, which includes, but is not limited to, the use
of servers, transport, routers, IP addresses and other equipment and
protocols to transmit information over our network (the “System”). You
agree to abide by these Terms with respect to your use of the Service.
- VPN Service You understand that we are providing you with a virtual private
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- Authorized User; Your Responsibility. You may not access or use the Site or Services if you are unable to
form a binding, legal agreement with Invizbox. You affirm that you are
over the age of 18. You assume all responsibility for your use of, or
access to, the Site or Services.Accounts are for single user, individual use only. Any
non-individual use or multiple-party use is prohibited. For example, the
following uses are prohibited under this section:- Sharing a login between people.
- Simultaneous logins from multiple IP addresses with the
exception that we do allow an individual up to five active connections
to the network per account, mostly, to allow for mobile device use, but
the connections are prohibited to be used by anyone but the account
holder.
- Authorized User; Your Responsibility. You may not access or use the Site or Services if you are unable to
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- Personal Information
4.1. Accuracy. By
registering for our Services, you represent and warrant that all
information you submit to us is true, accurate, current and complete and
that you will promptly notify us if your information changes.4.2. Privacy. You may browse the
Site without providing us with any personal information; however, to
use our Services, you must register with us and submit certain
personally identifiable information. You expressly agree that we may use
your information in accordance with the terms of the Invizbox Privacy
Policy, which you can find and read at www.invizbox.com/privacypolicy/.
- Personal Information
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- Personal Use; Limited LicenseInvizbox grants you a personal, limited, non-transferable,
non-exclusive license to use Invizbox Site content and the Services,
solely for your personal, private and non-commercial use in connection
with the Invizbox Services accessed by you. This license is personal to
you, and you may not resell our Services, permit other users access to
our Services through your account, or use the Services or our System to
host content for others. You may not copy or download any content from
the Invizbox Services except with the prior written approval of
Invizbox.Furthermore, without the prior written approval of Invizbox, you may
not distribute, publicly perform or display, lease, sell, transmit,
transfer, publish, edit, copy, create derivative works from, rent,
sub-license, distribute, decompile, disassemble, reverse engineer or
otherwise make unauthorized use of Site content or Services. Any
commercial use is expressly prohibited. You agree not to remove,
obscure, or alter copyright, patent, trademark, or other proprietary
rights notices affixed to the Site. Your rights are subject to your
compliance with these Terms as well as any other agreements applicable
to the Invizbox Services you are using.Making unauthorized copies or distribution of Site content may
result in the termination of your Invizbox account, prohibition on use
of Invizbox Services, and further legal action.
- Personal Use; Limited LicenseInvizbox grants you a personal, limited, non-transferable,
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- Software The Services may require or allow you to download software, software
updates or patches, or other utilities and tools onto your computer,
entertainment system or device (“Software”). Invizbox grants to you a
non-exclusive, limited license to use Invizbox Software solely for the
purpose stated by Invizbox at the time the Invizbox Software is made
available to you and in accordance with these Terms. Your use of the
Invizbox Software may be subject to the terms of an end-user license
agreement. You may not sub-license, or charge others to use or access
Invizbox Software. You may not translate, reverse-engineer,
reverse-compile or decompile, disassemble or make derivative works from
Invizbox Software. You may not modify Invizbox Software or use it in any
way not expressly authorized in writing by Invizbox. You understand
that Invizbox’s introduction of various technologies may not be
consistent across all platforms and that the performance of Invizbox
Software and related Invizbox Services may vary depending on your
computer and other equipment. From time to time, Invizbox may provide
you with updates or modifications to Invizbox Software. You understand
that certain updates and modifications may be required in order to
continue use the Invizbox Software and Invizbox Services.
- Software The Services may require or allow you to download software, software
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- SPAMInvizbox enforces a zero-tolerance SPAM policy regarding information
transmitted through our network. Invizbox may determine in its sole
discretion whether any transmissions are considered SPAM. SPAM includes,
but is not limited to, the following:- Bulk unsolicited e-mail, promotional material, or other forms
of solicitation sent via e-mail that advertise any IP address belonging
to Invizbox or any URL (domain) that is hosted by Invizbox. - The use of web pages set up on ISPs that allow SPAM-ing (also
known as “ghost sites”) that directly or indirectly reference customers
to domains or IP addresses hosted by Invizbox. - Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
- If Invizbox determines that you have posted one or more
articles of spam, we may cancel your account immediately and take steps
to prevent you from using our network at any time thereafter.
- Bulk unsolicited e-mail, promotional material, or other forms
- SPAMInvizbox enforces a zero-tolerance SPAM policy regarding information
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- Fees; Payment Terms Invizbox may, with prior notice, change the fees it charges you for
accessing the Services at any time. All prices are quoted for one user
on one device. You agree that all fees charged by Invizbox for accessing
the Services will be automatically charged to your payment account on
file with Invizbox, at the time of any automatic renewal of your
subscription for Services. To view our current subscriptions, payment
terms and fees, go to https://accounts.invizbox.com/.
- Fees; Payment Terms Invizbox may, with prior notice, change the fees it charges you for
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- Use of Services Subject to clause 19, Invizbox is not liable for the loss,
corruption, alteration or removal of any content transmitted using our
Services or on our System. By using our Services, you expressly waive
the right to seek damages and agree to hold Invizbox harmless for any
such loss, alteration, corruption or removal.Invizbox may also at any time modify or discontinue, temporarily or
permanently, all or any part of the Services or your account, with or
without notice, and you agree that Invizbox will not be liable to you or
any third party for any such modification, suspension or
discontinuance. Our Services are not intended to be used in countries
where offering or providing the Services is illegal, and we do not offer
the Services in such countries or to citizens of such countries,
including the countries of Iran, Cuba, North Korea, Syria or Sudan.
- Use of Services Subject to clause 19, Invizbox is not liable for the loss,
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- Third-Party Content We do not control, and we are not responsible for, any data,
content, services, or products (including software) that you access,
download, receive or buy while using the Services. We may, but do not
have any obligation to, block information, transmissions or access to
certain information, services, products or domains to protect the
Services, our network, the public or our users. We are not a publisher
of third-party content accessed through the Services and are not
responsible for the content, accuracy, timeliness or delivery of any
opinions, advice, statements, messages, services, graphics, data or any
other information provided to or by third parties as accessible through
the Service.
- Third-Party Content We do not control, and we are not responsible for, any data,
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- Acceptable Use Policy You agree to comply with all applicable laws and regulations in
connection with your use of the Services. You may not use our Services,
or our Software or System, to post or transmit any illegal material,
including without limitation any transmissions that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
local, state, national or international law or regulation. In
particular, the following is a representative, non-exhaustive list of
acts that are prohibited:- The transmission or posting of chain letters or pyramid
schemes, or other acts that involve deceptive online marketing practices
or fraud; - Sending or transmitting any SPAM over the Services, whether via e-mail, Usenet, or any other communication channel
- Acts that may materially affect the quality of other users’
experience, including, without limitation, “spikes” in bandwidth usage
or using any program/script/command, or sending messages of any kind,
designed to interfere with a third party customer terminal session, via
any means, locally or via the Internet; - Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into Invizbox’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account (“cracking”) without authorization;
- Using any method, software or program designed to collect
identity information, authentication credentials, or other information
from the legitimate users of another entity’s website or service; - Transmitting or receiving, uploading, using or reusing
material that is abusive, indecent, defamatory, harassing, obscene or
menacing, or a breach of confidence, privacy or similar third party
rights; - Transmitting or receiving, uploading, using or reusing
material that violates any intellectual property rights of a third
party, including, without limitation, patent, trademark or copyrights; - Transmitting or receiving, uploading, using or reusing
material that includes sexual or explicit depictions of minors in any
form; - Transmitting or receiving, uploading, using or reusing
material that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); - Advertising, transmitting or otherwise making available any
software, program, product or service that is designed to violate these
Terms; - Falsifying header information or user identification information;
- Using the Services for anything other than lawful purposes
including, but not limited to, intentionally or unintentionally
violating any applicable local, state, national or international law; or - Impersonating any person or entity, including, but not limited
to, a Invizbox representative, or falsely stating or otherwise
misrepresenting your affiliation with a person or entity;
- The transmission or posting of chain letters or pyramid
- Acceptable Use Policy You agree to comply with all applicable laws and regulations in
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- Copyright Protected MaterialsInvizbox respects the intellectual property rights of others and
expects that you do the same. It is our policy to terminate in
appropriate circumstances the accounts of subscribers who infringe the
copyrights of others. You may not upload, download, post, publish,
transmit, reproduce, or distribute in any way, files, material,
information, software or other material obtained through the System that
is protected by copyright or other proprietary right or derivative
works with respect thereto, without obtaining permission of the
copyright owner or other right holder. Additionally, you shall not
upload, download, post, publish, reproduce, transmit or distribute in
any way any component of the System itself or derivative works with
respect thereto.
- Copyright Protected MaterialsInvizbox respects the intellectual property rights of others and
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- Export Control Laws. The Services and Software may be subject to export control
restrictions of the United States, the European Union, Canada or other
jurisdictions. By using the Services or downloading any Software from
Invizbox, you warrant that you are not located in any country, or
exporting the Software to any person or place, to which the United
States, the European Union, or any other jurisdiction has embargoed
goods. You agree to abide by U.S. and other applicable export control
laws and not to transfer, by electronic transmission or otherwise, any
content or Software subject to restrictions under such laws to a
national destination prohibited by such laws, without first obtaining,
and then complying with, any requisite government authorization. You
further agree not to upload to Services any content, data or software
that cannot be exported without prior written government authorization,
including, but not limited to, certain types of encryption software. The
assurances and commitments in this Section shall survive termination of
these Terms.
- Export Control Laws. The Services and Software may be subject to export control
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- Right to Restrict or Terminate Access These Terms shall be automatically renewed for successive one-month
periods, until canceled by you or by Invizbox. Invizbox may deny or
restrict your access to all or part of the System without notice in its
reasonable discretion if it deems that you have engaged in any conduct
or activities that Invizbox in its reasonable discretion believes
violates the letter or spirit of any of these Terms. If Invizbox denies
or restricts your access to the Services because of such a violation,
you shall have no right to obtain any refund or credit for the
subscriptions fees you have paid.
- Right to Restrict or Terminate Access These Terms shall be automatically renewed for successive one-month
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- Security You acknowledge and agree that you are solely responsible for
protecting your password and other personal information and for the
consequences of not protecting these data. Access to the System, our
Services, the Internet, and to certain online transactions involves the
use of identification numbers, passwords, payment accounts or other
individualized nonpublic information (“Private Documentation”). You
shall use your best efforts to prevent unauthorized use of our Services,
the System or of any Private Documentation, and shall promptly report
to Invizbox any suspected unauthorized use or other breach of security.
You shall be responsible for any unauthorized use of your identification
numbers or passwords until we receive written notice of a breach of
security and a request to block further access for such numbers and
passwords. Invizbox shall not be liable for any unauthorized use of
payment accounts. Account sharing (e.g. allowing others to use your
account information to access the Services) is not permitted.
- Security You acknowledge and agree that you are solely responsible for
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- Children and Minors By using our Services, you affirm that you are at least 18
years of age, or otherwise over the age of majority in the jurisdiction
in which you reside. You understand that the Internet may
contain information which may be offensive, may be illegal in various
jurisdictions or may be inappropriate for certain ages and that Invizbox
is not responsible for detection and removal of such information.
- Children and Minors By using our Services, you affirm that you are at least 18
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- DISCLAIMER OF WARRANTY Actual service coverage, speeds, locations and quality may vary.
Invizbox will attempt to provide the Services at all times, except for
limited periods for maintenance and repair. However, the Services may be
subject to unavailability for a variety of factors beyond our control
including emergencies, third party service failures, transmission,
equipment or network problems or limitations, interference, signal
strength, and may be interrupted, limited or curtailed. Delays or
omissions may occur. We are not responsible for data, messages or pages
lost, not delivered, delayed or misdirected because of interruptions or
performance issues with the Services or communications services or
networks. We may impose usage or Services limits, suspend the Services,
or block certain kinds of usage in our sole discretion to protect users
or the Services. The accuracy and timeliness of data received is not
guaranteed.YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL
SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE,
QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF
INFORMATION. INVIZBOX DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE
AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN
UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR
DEFECTS WILL BE CORRECTED. INVIZBOX DOES NOT MAKE ANY REPRESENTATIONS,
WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY,
TIMELINESS, COMPLETENESS, OR OTHERWISE.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH EVENT, INVIZBOX’S WARRANTIES AND CONDITIONS WITH
RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
- DISCLAIMER OF WARRANTY Actual service coverage, speeds, locations and quality may vary.
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- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL INVIZBOX, ITS AFFILIATES, EMPLOYEES,
AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS
(“Invizbox PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE
INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION
DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR
BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE
OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR
SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO
DISCONTINUE YOUR USE OF THE SITE AND SERVICES.IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE INVIZBOX PARTIES IS
FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE,
SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE INVIZBOX PARTY’S TOTAL
CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE
AMOUNT YOU PAID INVIZBOX FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF
ONE HUNDRED (100) EURO.SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY,
SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR
JURISDICTIONS, THE INVIZBOX PARTIES’ LIABILITY TO YOU SHALL BE LIMITED
TO THE FULL EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL INVIZBOX, ITS AFFILIATES, EMPLOYEES,
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- Indemnity You agree to defend, indemnify and hold the Invizbox Parties
harmless from any claim or demand, including reasonable attorneys’ fees,
made by any third party arising out of or relating to any violation of
these Terms by you; any content or material you submit or otherwise
transmit through our System or Services; or your violation of any rights
of another. Invizbox reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
defense by you. This Section shall survive termination of these Terms.
- Indemnity You agree to defend, indemnify and hold the Invizbox Parties
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- General Terms
20.1. Entire Agreement.
These Terms, along with any rules, guidelines, or policies published
on the Invizbox homepage constitute the entire agreement between
Invizbox and you with respect to your use of our Site Services. If there
is any conflict between the Terms and any other rules or instructions
posted on the Site or Services, the Terms shall control.20.2. Amendments. No amendment
to these Terms by you by shall be effective unless acknowledged in
writing by Invizbox. Notwithstanding the foregoing, Invizbox reserves
the right, in its sole discretion, to modify these Terms or the policies
referenced herein at any time as set forth above.20.3. Jurisdiction and Venue.
These Terms shall be governed by, and construed in accordance with, the
laws of the state of Republic of Ireland, without reference to its choice of law
rules. Venue for any action arising out of or in connection with this
agreement shall be in Dublin, Republic of Ireland. The parties each hereby
consent to the jurisdiction and venue in Dublin, Republic of Ireland and
waive any objections to such jurisdiction and venue.20.4. Limited Time to Bring Claim.
Subject to any applicable law to the contrary, you agree that any
cause of action arising out of or related to the use of our Site or
Services must be commenced within one (1) year after the cause of action
accrues, or such action will be permanently barred.20.5. Severability. If any
portion of these Terms is found to be unenforceable or invalid for any
reason, that provision will be limited or eliminated to the minimum
extent necessary so that the rest of these Terms will otherwise remain
in full force and effect.20.6. Assignment. You may not
assign its rights or obligations under these Terms without the prior
written consent of Invizbox, which may be withheld in Invizbox’s sole
discretion.20.7. Non-Waiver. Invizbox’s
failure to insist upon or enforce any provision of these Terms shall not
be construed as a waiver of any provision or right.
- General Terms
- INVIZBOX DEVICE WARRANTY The warranty obligations of InvizBox Ltd. for this product
are limited to the terms set forth below:21.1. What is covered
This limited warranty covers defects in materials and
workmanship in this product for a period of 12 months from the
date of shipping of this product.21.2. What is Not Covered
This limited warranty does not cover any damage, deterioration or
malfunction resulting from any alteration, modification, improper
or unreasonable use or maintenance, misuse, abuse, accident,
neglect, exposure to excess moisture, fire, improper packing and
shipping (such claims must be presented to the carrier), lightning,
power surges, or other acts of nature. This limited warranty does
not cover any damage, deterioration or malfunction resulting from
the installation or removal of this product, any unauthorized
tampering with this product, any repairs attempted by anyone
unauthorized by InvizBox Ltd.What is Not Covered (contd.) :
Any attempt to alter the functionality of the InvizBox beyond it’s
original use will render this warranty void. This is to include (but
not limited to) any remote shell based access to the router to
perform tasks not directly authorised in writing by InvizBox ltd. In
short, if you use a shell over SSH (or any other medium) and
break things, it’s your own fault and we wont be held responsible.
We will probably help you anyway, because we’re nice like that.
Any attempt to put a firmware on the InvizBox that is not directly
authorised by InvizBox ltd. will render this warranty void.21.3. Who is covered
Only the original purchaser of this product is covered under this
limited warranty. This limited warranty is not transferable to
subsequent purchasers or owners of this product.Returns under warranty:
The cost of return to InvizBox will be borne by the purchaser. If
your return is within warranty and the defect has not been caused
by user damage there are no handling charges for the repair and
subsequent return to the purchaser. If the defect is not covered
under warranty (e.g. where there is a fall/impact or water damage,
improper use or that the product is outside the manufacturer’s
warranty)we will send you a quotation for repairs.
You can choose whether you agree with the repair (at the
specified amount) or refrain from further settlement. In the latter
case, your product will be sent back to you with a bill for any
research and / or transport costs.