Terms and conditions

Me.Wired

THE TERMS & CONDITIONS (“T&C”) SET OUT BELOW GOVERNS YOUR USE OF THE ME.WIRED SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.

Purpose of the Me.Wired Terms & Conditions

Newired srl (Newired) is the provider of the Me.Wired Service (the “Service”), built on Newired products, which provides in-place guidance into some 3rd party web-applications (hereafter “Applications”) or into some 3rd party web services (hereafter “External Services”) to guide and help the user in the use of such Applications and External Services.

Terms of service

Newired grants to you a limited, non transferable right to use the Service on any Application for which you obtained the rights of use as licensed or permitted user as defined by the Application’s or External Service’s usage rules.
You agree that Newired may collect and use technical and behavioural data and related information—including but not limited to technical information about Applications and/or External Services, system and application software, and peripherals, frequency and conduct of use of Applications, External Services and of the Service—that are gathered periodically to facilitate the provision of updates, product support, and other services to you (if any) related to the Services. Newired may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide the services or technologies to you.
The Services may enable access to Newired´s and/or Applications and/or External Services. You agree to use theService, Applications and External Services at your sole risk. Newired is not responsible for examining or evaluating the content or accuracy of any Application or External Services and shall not be liable for any such third-party Application and/or External Service. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Newired or its agents.
You will not use the Applications or External Services in any manner that is inconsistent with the terms of this Terms & Conditions or that infringes the intellectual property rights of Newired or any third party. You agree not to use the Applications or External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Newired is not responsible for any such use. Applications and External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any particular location.
To the extent you choose to use such Applications and External Services, you are solely responsible for compliance with any applicable laws. Newired reserves the right to change, suspend, remove, disable or impose access restrictions or limits on the Service on any Application and/or External Service at any time without notice or liability to you.

No Warranty

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NEWIRED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEWIRED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NEWIRED BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NEWIRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Newired’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Intellectual property

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Service and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
In addition, third party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. Newired makes no representation that such Services and Materials are appropriate or available for use in any particular location.
To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Newired, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event Newired be liable for the removal of or disabling of access to any such Services. Newired may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Marketing considerations

You agree that when using the Service your provided feedback, endorsements, suggestions, pictures and comments included but not limited to that such material might be used by Newired in marketing activities to promote the Service or Newired products.
You can deny Newired this right by submitting a written request via email to info@newired.com, requesting to be excluded from product promotional material. Confirmation of such denial, via reply email, will be provided within 30 days and Newired shall make no further reference to you in promotional material."

Governing law

This Agreement is made and shall be construed in accordance with the substantive and procedural Italian Law L. 633/41 of Italy and the European Directive 2009/24/CE (to the extent they might apply). Without limiting the generality of the foregoing, the Parties specifically exclude any and all provisions of the U.N. Convention on Contracts for the International Sale of Goods from the substantive and procedural law concerning any proceeding between them. Venue for any proceeding brought in connection with this Agreement shall lie in the Place of Jurisdiction of the City of Turin, Italy.

This Agreement constitutes the entire agreement between the Parties, and supersedes all prior representations and agreements, and can be modified only by a written Notice signed by officers of Newired.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
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