This Service (including the Mysa App and Website www.getmysa.com) is intended for use by individuals who are at least 13 years old or registered companies. By using any of the Services, you expressly agree to be bound by these Terms and Conditions (the “Terms”) and all applicable laws and regulations governing the Services. These Terms and any submitted orders, together with all other agreements or policies referred to herein are hereby incorporated by reference and together referred to as the “Agreement”.
This Agreement forms a legally binding agreement between Empowered Homes Inc. (“Mysa”), having its place of business at 64 Pine Bud Avenue, St. John’s, Newfoundland and Labrador, Canada, A1B 1M9, operating out of 34 Harvey Road, Suite 302, St. John’s, Newfoundland and Labrador, Canada, A1C 2G1 and the person/company/entity specified in the order and/or utilizing the Services (“Customer”) and applies to all users of the Services, whether registered or not on the Mysa App. As used in this Agreement, “Empowered Homes Inc.”, “Company”, “ www.getmysa.com", “Mysa App”, "we," "us," and "our" shall mean Mysa and its subsidiaries and affiliates. References to “you”, “your” and “their” shall mean Customer. By accessing or using the Services available through our Website or mobile software/App and/or when you submit an order to Mysa whether online or by a Customer provided purchase order and/or written confirmation, you agree to be bound by these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits hereunder.
In addition, upon submitting an order to complete the purchase of a Mysa product (“Product”), you hereby represent and agree to the following:
- you have read and agree to these Terms;
- you have full power and authority to execute this Agreement and if purchasing on behalf of a company or entity, you have full authority to bind such company or entity; and
you acknowledge and agree that the Mysa App (included within the “Service”) will enable you to operate and manage the Product remotely, create schedules, implement vacation mode, create zones, view energy charting, and other features that may become available, will require you to:
- register with Mysa via the Mysa App (the “App”); and
- agree to be bound by these Terms, also available via the registration process.
These Terms govern your use of the Services and Products. Furthermore, your purchase of any Product is governed by the limited warranty provided with that Product and is available through www.getmysa.com. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.
In consideration of the mutual covenants herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1.1. Content means report text, graphics, images, music, software, audio, video, information or other materials.
1.2. Representative means, an entity and its affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the company.
Refer to Mysa’s Website www.getmysa.com for its list of Services and Products.
You acknowledge and agree:
- The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Products; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services or Products; (iii) you agree not to access the Services or Products in order to build a similar or competitive service or product; and (iv) except as expressly stated herein, no part of the Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
- Mysa reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Mysa will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
- The Products and Services, whether standing alone or when interfaced with Third Party products/services are not certified for emergency response, unless expressly approved and certified by Mysa as enabled for central station monitoring through a professional central station monitoring facility. Mysa makes no warranty or representation that use of the Products or Services with any Third Party product/service will affect or increase any level of safety. You understand that under no circumstances will Mysa dispatch emergency authorities to your home in the event of an emergency.
- The Services, including remote access and mobile notifications, are not error-free or 100% reliable, and are not always available. Service may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, or priority access by emergency responders in the event of a disaster or emergency (collectively “Service Interruptions”). You agree that you will not rely on the services for any life safety or critical purposes. Mobile notifications regarding the status and alarms on your Mysa Products are provided for informational purposes only and are not a substitute for a third party monitored emergency notification system. Mysa cannot provide specific information relating to a situation in your home or elsewhere.
- The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Mysa does not offer any specific uptime guarantee for the Services.
- The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) a Mysa Account; (iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Service); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Mysa. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Products and Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Products and Services.
- The Services provide you information regarding the Products (“Product Information”) and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.
- You are solely responsible and liable for any Product installations and use of the Products and Services. An installation guideline is available to you for general guidance purposes only, the latest revision of which is available on the Mysa Website. IF A PRODUCT IS NOT PROPERLY INSTALLED, OR IF A PRODUCT OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation. Furthermore, it is your responsibility to ensure that prior to installation, the Product meets your local regulations and codes and is installed in accordance with such requirements.
You will not prepare a replica of our Product and/or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Product, Services, or Content, except as expressly permitted by Mysa or as permitted under applicable law. Any unauthorized use of the Product, Services, or Content is strictly prohibited and will be cause for immediate termination of the Agreement. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you by Mysa.
We may, at our sole discretion, modify or revise these Terms and policies at any time by giving notice on our Website and/or through the Mysa App, and you agree to be bound by such modifications. Although Mysa may attempt to notify you when major changes are made to these Terms, you should periodically click on our Terms to review any updates and your continued access of the Services shall be deemed your conclusive acceptance of the changes. All changes shall be effective immediately when we post them and shall apply to all access to and use of the Services and Products thereafter. We may, at our sole discretion, modify or revise these Terms and policies at any time by giving notice on our Website and/or through the Mysa App, and you agree to be bound by such modifications. All changes shall be effective immediately when we post them and shall apply to all access to and use of the Services and Products thereafter.
You may return Products purchased directly from Mysa for any reason for a full refund of the purchase price within 100 days from the date of purchase. The shipping charge for the return is at your expense. Returned Products must include all original components, literature, warranties and packaging in the same saleable condition in which it was received. Refunds for returns will cover Product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Should Mysa arrange and pay for the return shipping, the refund amount will be reduced by the shipping and handling cost of the returned unit. Damaged Product, cosmetically or otherwise, may be subject to an increased restocking fee and determined on a case-by-case basis. If an order has shipped, it is the Customer's responsibility to accept the shipment and return the Product per our Refund Policy.
If you purchased the Product from an authorized reseller, you must request a refund directly from the reseller. Returns, and requests for refunds, to resellers are subject to the reseller’s return/refund policy, which may differ from Mysa's policy.
When you visit www.getmysa.com, send an email to us, communicate electronically with Mysa, register a Mysa account, or provide your email to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available such as telephone. You agree that all agreements, notices, disclosures and other communications that Mysa provides to you electronically satisfy legal requirements that such communications be in writing.
Mysa does not control and is not responsible for emails sent from outside Mysa’s domain or other means of electronic communication; and that by using the Service, you may be exposed to content that is inaccurate or otherwise misleading. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Product and Services, and that under no circumstances will Mysa be liable in any way for any loss or damage of any kind incurred as a result of our Product and Services.
Our Product, Services and all other Content forming part of the Services, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada. You acknowledge and agree that Mysa owns, controls or is licensed all legal right, title and interest in and related to the Product and Services, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Product and Services or any computer software or code contained in the Services; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Product and/or Services.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control or that of another third party, please contact us immediately at https://getmysa.com/contact.
You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Product, Product software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by Mysa or its affiliates or our licensors. Your possession, access, and use of the Product, Product software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Mysa and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of Mysa. You must have explicit written agreement from Mysa before you can post or redistribute any portion of the Services.
Mysa grants you a limited license to access and make personal use of the Services. The Services are licensed to you and not sold under the Agreement. The limited license does not permit you to download (other than for page caching purposes) the webpage or modify the Services, or any portion of it, except with Mysa’s express written consent. The Services may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without Mysa’s express written consent. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Mysa without Mysa’s express written consent. You may not use META tags or any other “hidden text” which utilize Mysa or any other derivative of our domain, company name or registered trademarks without Mysa’s express written consent. You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website or any Dynamic Deep Link (DDL) of Mysa so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that Mysa cannot and does not guarantee or warrant that files made available for downloading through the Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Mysa are free from such contaminations.
Mysa Services rely on or inter-operate with Third Party products and services. These Third Party products and services are beyond Mysa ’s control, but their operation may impact or be impacted by the use and reliability of the Mysa Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on Third Party product vendors and service providers, (ii) these Third Party products and services may not consistently operate in a reliable manner or be available at all times, and they may impact the way that the Mysa Services operate, and (iii) Mysa is not responsible for damages and losses of any kind due to the operation of these Third Party products and services.
Any and all content and services (including advertising) available through the Services that are not owned by Mysa are third party content and services and may contain links to such third party Websites or Apps ("Third Party Websites"), which are completely unrelated to Mysa. Mysa provides links to you only as a convenience and if you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and policies. Mysa makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other Third Party Website is completely at your own risk and Mysa disclaims all liability thereto. Mysa acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services including but not limited to mobile software used by your mobile phones. In addition and without limiting the generality of the foregoing, Third Party Websites, including advertisers and other content providers, may collect data or solicit personal information from you. Mysa does not control such Third Party Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Third Party Websites may collect.
Mysa may review and delete any Customer or user content posted on the Mysa Website if, in its sole judgment, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Customers of Mysa. Mysa reserves the right to prevent their further access to Mysa’s Services and Products for violating the Terms or applicable law, rule or regulation and the right to remove such content which is in violation of the Terms or is abusive, illegal, or disruptive. Mysa does not endorse or have any control over Customer generated content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. Customer generated content submitted through the Sites is not necessarily reviewed by Mysa prior to posting and does not necessarily reflect the opinions or policies of Mysa.
IN NO EVENT SHALL MYSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, VENDORS, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING YOUR MOBILE DEVICE) OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR PRODUCT AND/OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MYSA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY MYSA FROM ITS FACILITIES IN CANADA AND USA. MYSA MAKES NO REPRESENTATIONS THAT THE SERVICES OR PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES OR PRODUCTS FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
MYSA AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYSA OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY OR LIABILITY.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF MYSA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF MYSA OR GROSS NEGLIGENCE OF MYSA IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless Mysa and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, suppliers, affiliates, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms for which you are responsible or in connection with your transmission of any content to, on or through our Services. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree to release Mysa, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Product or Services. If at any time you are not happy with the Product or the Services or object to any Content, your sole remedy is to cease using them and refer to our Warranty Policy.
YOUR USE OF OUR PRODUCT, SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MYSA NOR ANY PERSON ASSOCIATED WITH MYSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MYSA NOR ANYONE ASSOCIATED WITH MYSA REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE REASONABLE EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF MYSA AND MYSA CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR. WITH THE EXCEPTION OF THE PRODUCT LIMITED WARRANTY REFERRED TO HEREIN, MYSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Mysa shall provide its standard Product limited warranty statement with the Product for the end user customer benefit (“Customer Product Warranty”). Such Customer Product Warranty is specific to Mysa Products and we expressly exclude Demo Units as further described below. The Customer Product Warranty can be viewed through the Mysa Website. EXCEPT AS SET OUT IN THE CUSTOMER PRODUCT WARRANTY, MYSA PROVIDES NO OTHER WARRANTIES AND EXPRESSLY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, REPRESENTATIONS, PROMISES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTY WITH RESPECT TO THE FUNCTIONALITY, DURABILITY, COMPATIBILITY, OPERATION OR USE OF THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY PERSON’S REQUIREMENTS OR THAT ANY OR ALL DEFECTS WILL BE CORRECTABLE.
A Demo Unit is defined as a Product that has been modified with a plugin for plugging into an electrical outlet for the purpose of demonstrating how the Product display works. It does not offer any actual Product functionality. If you have received a Demo Unit, it is provided to you on an “As Is” and “As Available” basis and MYSA PROVIDES NO OTHER WARRANTIES AND EXPRESSLY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, REPRESENTATIONS, PROMISES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTY WITH RESPECT TO THE FUNCTIONALITY, DURABILITY, COMPATIBILITY, OPERATION OR USE OF THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY PERSON’S REQUIREMENTS OR THAT ANY OR ALL DEFECTS WILL BE CORRECTABLE.
Mysa reserves the right, in its sole discretion to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for Mysa.
Title and risk of loss of all Product(s) sold hereunder shall pass to the Customer upon Mysa’s delivery to the Customer’s ship to address provided upon order. Should it be agreed that Customer will arrange Product pick up, title and risk shall transfer from Mysa to Customer upon delivery to the carrier at the shipping point.
The information presented on or through the Services or with the Product is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Mysa will not be liable on account of any inaccuracy of information accessed through the Services or Content included with the Product and it is the responsibility of the Site visitor or Customer to further research the information. Furthermore, due to external factors, Mysa does not warrant that use of its Products or Services will result in a reduction in energy consumption or cost savings to the Customer. Product features, dimensions and other specifications included in Mysa’s sales literature or Product Information are subject to change. Without affecting its obligations under an order, Mysa may make changes in the specifications of the Product(s) delivered under an order from those contained in sales literature or Product Information.
The Agreement constitutes the entire agreement between you and Mysa in relation to your use of the our Product and/ or the Services, and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms, including all terms and policies referenced herein, contain the entire understanding, and supersedes all prior agreements, between you and Mysa relating to this subject matter, and cannot be changed or terminated orally.
You may not assign an Agreement or these Terms or any of the rights granted hereunder without the prior written consent of Mysa, and any attempted assignment without such consent shall be void. Mysa may assign the Agreement at any time without notice to the Customer. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Mysa or you to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Mysa shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Customers will not use the Product or Services if any applicable law in their country prohibits them from doing so and/or have not previously been their right to use the Product or Services or if such rights have been suspended or terminated.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Newfoundland and Labrador, Canada, without regard to conflict of laws principles. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the jurisdiction of the courts of the Province of Newfoundland and Labrador, Canada, and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Newfoundland and Labrador, Canada. Therefore, you agree that: (i) the Service shall be deemed solely based in Newfoundland and Labrador; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Newfoundland and Labrador. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a court located in Newfoundland and Labrador for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where Empowered Homes Inc. reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you have any questions or concerns regarding these Terms or pertaining to our Products or Services, please contact us through the support portal at https://help.getmysa.com.