GENERAL OVERVIEW
All products and accessories are FINAL SALE, no returns, NO EXCEPTIONS.
All defective units must be presented to Innovative UAS within 48 hours of picking up the unit or receiving shipment (per delivery confirmation from the carrier). Any defective items presented outside of the 48 hours of picking up the unit or receiving shipment (per delivery confirmation from the carrier) will automatically be declined.
These parts can be complex systems; failure of one component can result in a crash or damage. It is impossible to determine for certain whether crash damage was the result of a radio system failure or pilot error. We accept no responsibility for installation of products offered by Innovative UAS. The warranty does not cover, and Innovative UAS is not responsible in any way, for damage to other equipment due to a failure of a component. Innovative UAS is not responsible in any way for the use, misuse, or any injury or damage to personal property from use of any equipment purchased at Innovative UAS. Innovative UAS does not provide any warranties whatsoever and defers to the manufacturer for any complaints/warranties/guarantees as Innovative UAS does not manufacture or fabricate any of the products found herein. *Any alterations or modifications will void the return policy and warranty of all items offered by Innovative UAS.
All DJI Phantom, DJI Inspire, and DJI Matrice series drones cannot be returned if activated as the warranty is under the specific user. Once the unit has been activated the unit is now under your personal information. Innovative UAS will do it’s best to satisfy any concerns that may arise.
*All custom products and builds cannot be returned for any reason. Custom builds will include a set deadline, however these deadlines are subject to change in the event our technicians run into any issues. Please contact us before purchasing a custom product or while inquiring about a custom build or product.
*All extended warranty purchases (i.e. DJI Care, CPS Central Priority Services) are final sale and cannot be returned, as this is a service product. We will not make an exception to this rule.
*All clearance items on the clearance shop page are final sale and cannot be returned. We will not make an exception to this rule.
Purchasing any item or service from Innovative UAS acknowledges that you have read and agree to our terms and conditions as well as our warranty, return, and replacement policy.
Should you have any questions or concerns regarding the above stated or general inquiries please feel free to contact us before making your purchase.
INNOVATIVE UAS TERMS OF USE
INNOVATIVE UAS WEBSITE AND IN STORE
PURCHASE TERMS OF USE
Thank you for your interest in Innovative UAS and its affiliated companies (collectively, “Innovative UAS”) and in the various websites provided by Innovative UAS, including our website at www.innovativeuas.com and all associated sites linked to www.innovativeuas.com by Innovative UAS (collectively, the “Store”). Please read the following terms and conditions carefully. By accessing the Store or any of the services provided to you through the Store, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the Innovative UAS Privacy Policy (available at https://innovativeuas.com/privacy-policy/) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not access the Store.
Innovative UAS provides flying and camera stabilization systems and related platforms and products, including commercial and recreational unmanned aerial vehicles (UAVs) for aerial photography and videography. You understand and agree that (i) our commercial and recreational UAVs and other hardware and physical products, and the firmware contained therein (collectively, “DJI Hardware”) and (ii) our software controlling the DJI Hardware (“DJI Software”) are not considered part of the Store. The terms and any warranties that apply to DJI Hardware and DJI Software are included with such DJI Hardware and DJI Software.
These Terms provide that all disputes between you and Innovative UAS will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with Innovative UAS.
1. ELIGIBILITY
You must be at least 13 years of age to access the Store. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Store; and (c) your access to the Store is in compliance with all applicable laws and regulations. If you are accessing the Store on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. ACCOUNTS AND REGISTRATION
To access certain features of the Store you may be required register for a Innovative UAS account. When you register for a Innovative UAS account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Innovative UAS account and password, and you accept responsibility for all activities that occur under your Innovative UAS account.
3. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
Purchases of goods or services, and specific sections of the Store may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Store or services. If there are any conflicts between these Terms and terms that are specific to a section of the Store or specific to a particular service offered by the Store, you agree that the latter terms will control with respect to your use of that section of the Store or those particular services.
4. USER CONTENT
4.1 User Content Generally.
Certain features of the Store may permit users to upload content to the Store, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Store. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Store.
4.2 Limited License Grant to Innovative UAS.
By posting or publishing User Content, you grant Innovative UAS a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
4.3 Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Store, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Store.
4.4 User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:a). you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Innovative UAS and users of the Store to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Innovative UAS, the Store, and these Terms;b). your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Innovative UAS to violate any law or regulation.
4.5 User Content Disclaimer.
Innovative UAS is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Innovative UAS may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Store you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Innovative UAS with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Innovative UAS does not permit copyright-infringing activities on the Store.
4.6 Digital Millennium Copyright Act
a). DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Store, you may contact our Designated Agent at the following address:
Attn: DMCA NoticeXiang PanAddress: SZ DJI Technology Co., Ltd.14th Floor, West Wing, Skyworth Semiconductor Design BuildingNo. 18 Gaoxin South 4th Ave, Nanshan DistrictShenzhen, 518057ChinaTelephone +86-13924652921Email: dept-ip@dji.com
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS,AND ATTORNEYS’ FEES. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.b).
Repeat Infringers. Innovative UAS will promptly terminate without notice the accounts of users that are determined by Innovative UAS to be “ Repeat Infringers.” A Repeat Infringer is a user who has been repeatedly notified of infringing activity or has had User Content repeatedly removed from the Store.
5. USING THE STORE
By using the Store, and by entering into these Terms, you represent and warrant that your use of the Store complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Store except as expressly permitted under these Terms. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People’s Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Site Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach. Innovative UAS reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in China. Innovative UAS also welcomes users to report any User Content that is in violation of applicable laws or regulations.
6. PROHIBITED CONDUCT
By using the Store you agree not to.
6.1 Access the Store for any illegal purpose or in violation of any local, state, national, or international law;
6.2 Conduct activities that may be harmful to others or that could damage Innovative UAS‘s reputation;
6.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
6.4 Interfere with security-related features of the Store, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Store except to the extent that the activity is expressly permitted by applicable law;
6.5 Interfere with the operation of the Store or any user’s enjoyment of the Store, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Store; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Store, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6 Perform any fraudulent activity in connection with your obtaining or accessing the Store, including impersonating any person or entity, claiming a false affiliation, accessing any other Innovative UAS account without permission, or falsifying your age or date of birth;
6.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
6.8 Bypass any security or other features of the Store designed to control the manner in which the Store is used, harvest or mine User Content from the Store, or otherwise access or access the Store in a manner inconsistent with individual human usage;
6.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Store or to extract data;
6.10 Use, display, mirror, frame or utilize framing techniques to enclose the Store or User Content, or any portion thereof, unless and solely to the extent Innovative UAS makes available the means for embedding any part of the Store or the User Content;
6.11 Access, tamper with, or use non-public areas of the Store, Innovative UAS’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Innovative UAS’s providers;
6.12 Access the Store in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
6.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
6.14 Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE STORE
If you violate any provision of these Terms, your permission from us to access the Store will terminate automatically. In addition, Innovative UAS may in its sole discretion terminate your Innovative UAS account or suspend or terminate your access to the Store at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Store or features of the Store at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Store or any suspension or termination of your access to or access to the Store. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Store, you will not have access to any data or content posted to the Store or otherwise contained in the Store, and we will have no responsibility to provide you access to such data or content. You may terminate your Innovative UAS account at any time by contacting customer service at support@innovativeuas.com.
8. PRIVACY POLICY; ADDITIONAL TERMS
8.1 Privacy Policy
Please read the Innovative UAS Privacy Policy at https://innovativeuas.com/privacy-policy/ carefully for information relating to our collection, use, storage and disclosure of your personal information. The Innovative UAS Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
8.2 Additional Terms
1.1 Your access to the Store is subject to all additional terms, policies, rules, or guidelines applicable to the Store (the “Additional Terms”), such as the Innovative UAS Store’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.
9. MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Store, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Store. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
10. OWNERSHIP; PROPRIETARY RIGHTS
The Store is owned and operated by Innovative UAS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Store (“Materials”) provided by Innovative UAS are protected by intellectual property and other laws. All Materials contained in the Store are the property of Innovative UAS and its third-party licensors. Except as expressly authorized by Innovative UAS, you may not make use of the Materials. Innovative UAS reserves all rights to the Materials not granted expressly in these Terms.
11. FEEDBACK
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Store or any of the services or products made available by Innovative UAS (“Feedback”), then you hereby grant Innovative UAS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
12. INDEMNITY
You are responsible for your access to the Store. You will defend and indemnify Innovative UAS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Innovative UAS Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Store; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
13. DISCLAIMERS; NO WARRANTIES.
THE STORE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE STORE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INNOVATIVE UAS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE STORE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE STORE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE INNOVATIVE UAS ENTITIES DO NOT WARRANT THAT THE STORE OR ANY PORTION OF THE STORE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE STORE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STORE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE STORE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE INNOVATIVE UAS ENTITIES OR THE STORE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE STORE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE STORE. YOU UNDERSTAND AND AGREE THAT YOU USE THE STORE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE STORE.
NOTWITHSTANDING THE FOREGOING, INNOVATIVE UAS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT INNOVATIVE UAS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE INNOVATIVE UAS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE STORE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE STORE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY INNOVATIVE UAS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE INNOVATIVE UAS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE STORE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. GOVERNING LAW
These Terms are governed by the laws of the State of Arizona without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Innovative UAS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Maricopa County, Arizona for the purpose of litigating any dispute. We make no representation that the Store or any Materials included in the Store are appropriate or available for use in your location.
16. GENERAL
You agree that the Store shall be deemed a passive place of doing business that does not give rise to personal jurisdiction over Innovative UAS, either specific or general, in jurisdictions other than Arizona. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and Innovative UAS regarding your access to the Store. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Generally
In the interest of resolving disputes between you and Innovative UAS in the most expedient and cost effective manner, you and Innovative UAS agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INNOVATIVE UAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions
Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Arbitrator
Any arbitration between you and Innovative UAS will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Innovative UAS.
17.4 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Innovative UAS’s address for Notice is: 537 S 48th St Suite 103 Tempe, AZ 85281. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Innovative UAS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Innovative UAS must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Innovative UAS will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Innovative UAS in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
17.5 Fees
If you commence arbitration in accordance with these Terms, Innovative UAS will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Maricopa County, Arizona, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Innovative UAS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6 No Class Actions
YOU AND INNOVATIVE UAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Innovative UAS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.7 Modifications of This Arbitration Provision
If Innovative UAS makes any future change to this arbitration provision, other than a change to Innovative UAS’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Innovative UAS’s address for Notice, in which case your account with Innovative UAS will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.8 Enforceability
If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Store, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19. CONTACT INFORMATION
The Store is offered by Innovative UAS and its affiliated companies, located at 537 S 48th St Suite 103 Tempe, AZ 85281. You may contact us by sending correspondence to that address or by emailing us at support@innovativeuas.com.
DJI UAS PRODUCTS TERMS OF USE
Thank you for your interest in this unmanned aerial system (UAS) product (the “Product”) offered by SZ DJI Technology Co., Ltd. (“DJI”). Please read the following terms and conditions carefully. By activating this product via DJI Go or DJI Go 4 application and tapping “I Agree” on this page, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (the “Product Terms”), the DJI Go application Terms (https://djistatic.com/agreement/dji-go-tos.html) (or the DJI Go 4 application Terms, available at https://djistatic.com/agreement/dji-go-4-tos.html), the DJI Store Terms of Sale (https://www.dji.com/terms), and the DJI Privacy Policy (https://www.dji.com/policy) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not use the Product. You may be entitled to a full refund of your purchase of the Product if you return the inactivated Product within seven (7) days in accordance with the DJI Refund and Replacement Policy (https://www.dji.com/service).
Subject to the country specific provisions below, these Terms provide that all disputes between you and DJI will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 10 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with DJI.
FOR EUROPEAN UNION (EU) USERS: if a dispute arises, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as an alternative to litigation. In the interest of resolving disputes between you and DJI in the most expedient and cost effective manner, DJI’s strong preference is that you and DJI resolve any and all disputes arising in connection with these Terms by binding arbitration, without prejudice to section 8 of the Product Terms.
PRODUCT IS NOT A TOY. IT IS A COMPLICATED AIRCRAFT. While the Product adopts the most advanced technology, inappropriate use of the Product could result in personal injury or property damages. Please read the User Manual, Quick Start Guide, Disclaimer and Safety Guidelines, and Intelligent Flight Battery Safety Guidelines associated with the Product before your first use of the Product. These documents are included in the Product package and are also available online on the DJI Product page at https://www.dji.com.
YOU ACKNOWLEDGE AND AGREE THAT, AS PROVIDED IN GREATER DETAIL IN THESE TERMS:
subject to the country specific provisions below, the Product is provided “as-is” and without warranties of any kind other than those provided for in the DJI Limited Warranty (https://www.dji.com/service), and DJI’s liability to you is limited.
FOR EU USERS: the Product is provided “as-is” and without warranties of any kind except for those provided for in the DJI Limited Warranty (https://www.dji.com/service) and any warranties implied by law, such as legal guarantees of conformity for goods offered to consumers in the EU, and DJI’s liability to you is limited as set out in the country variations section of the Product Terms.
FOR AUSTRALIAN USERS: except for your right and statutory guarantees as described in Section 6.1, the Product is provided “as-is” and without warranties of any kind other than those provided for in the DJI Limited Warranty (https://www.dji.com/service), and DJI’s liability to you is limited.
1. ELIGIBILITY.
You must have a DJI account to use the Product. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have or will have a DJI account at such time that you attempt to use the Product; and (c) your activation and your use of the Product is in compliance with all applicable laws and regulations. If you are agreeing to these terms or using the Product on behalf of an entity, organization, company, or individual, you represent and warrant that you have the authority to bind that organization or individual to these Terms and you agree to be bound by these Terms on behalf of that organization or individual.
2. FEEDBACK.
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Product (“Feedback”), then you hereby grant DJI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
3. YOUR OBLIGATIONS.
By using the Product, and by entering into these Terms, you represent and warrant that your use of the Product and your involvement of events or activities incidental to your use of the Product comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Product except as expressly permitted under these Terms.
For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People’s Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Service Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations.
For users located in Australia, this includes complying with the relevant provisions of the Civil Aviation Safety Regulations 1998 and the Privacy Act 1998 (Cth).
For users located in the EU, this includes complying with the relevant privacy and data protection laws, and civil aviation and safety regulations applicable in the country where you are located.
4. MATERIALS.
The visual interfaces, graphics, design, firmware, software, services, and all other elements of the Product (“Materials”) provided by DJI are protected by intellectual property and other laws. All Materials contained in the Product are the property of DJI or our third-party licensors. DJI reserves all rights to the Materials not granted expressly in these Terms.
5. INDEMNITY.
You are responsible for your use of the Product. You will defend and indemnify DJI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “DJI Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
FOR EU USERS: THIS SECTION 5 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 5 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)
6. DISCLAIMERS; NO WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY (POLICY AVAILABLE AT (HTTPs://WWW.DJI.COM/SERVICE), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR DJI HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
FOR EU USERS: THIS SECTION 6 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 6 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL THE DJI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DJI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE DJI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FOR EU USERS: THIS SECTION 7 DOES NOT APPLY. LIMITATION OF LIABILITY FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 7 DOES NOT APPLY. LIMITATION OF LIABILITY FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)
8. GOVERNING LAW AND JURISDICTION.
Subject to the country specific provisions below, these Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and DJI agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute.
FOR EU USERS: THIS SECTION 8 DOES NOT APPLY. GOVERNING LAW AND JURISDICTION FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 8 DOES NOT APPLY. GOVERNING LAW AND JURISDICTION FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)
9. GENERAL.
These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and DJI regarding your use of the Product. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 3-10 and 12 of these Product Terms will survive, as will any other provisions specified as surviving the termination of the DJI Go Terms, the DJI Store Terms of Use, the DJI Privacy Policy, and any other applicable terms and conditions in such agreements.
EXCEPTION, for EU USERS: We may assign our rights and obligations under these Terms without your prior express consent, provided that we assign the Terms on the same conditions or conditions that are no less advantageous to you.
10. DISPUTE RESOLUTION AND ARBITRATION
FOR EU USERS: Section 10 is not applicable to you.
10.1. Generally. In the interest of resolving disputes between you and DJI in the most expedient and cost effective manner, you and DJI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DJI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10.2. Exceptions. Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
AUSTRALIAN USERS: Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) claim in relation to your rights and statutory guarantees in Section 6.1; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.10.3. Arbitrator. Any arbitration between you and DJI will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DJI.
10.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). DJI’s address for Notice is: 14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DJI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DJI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, DJI will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DJI in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
10.5. Fees. If you commence arbitration in accordance with these Terms, DJI will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DJI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
10.6. No Class Actions. YOU AND DJI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DJI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
10.7. Modifications of This Arbitration Provision. If DJI makes any future change to this arbitration provision, other than a change to DJI’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to DJI’s address for Notice, in which case your account with DJI will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
10.8. Enforceability. If Section 10.6 is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 (other than, in the latter case, Section 10.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 8 will govern any action arising out of or related to these Terms.
CONTACT INFORMATION.
The Product is offered by SZ DJI Technology Co., Ltd. and its affiliated companies, located at 14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057. You may contact us by sending correspondence to that address or by emailing us at support@dji.com.
COUNTRY VARIATIONS.
A. EU USERS.
For EU users the following sections apply:
5. Indemnity.
You are responsible for your use of the Product. You agree to compensate in full DJI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “DJI Entities”) from and against every claim, liability, damage, loss, and expense, including reasonably foreseeable attorneys’ fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. If, at DJI’s request, you permit DJI, to assume the exclusive defense and control of any matter for which you are required to compensate us under this paragraph (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
6. Disclaimers and Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY (POLICY AVAILABLE AT (HTTPs://WWW.DJI.COM/SERVICE), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW, THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS AND WHICH IS NOT ATTRIBUTABLE TO THE DJI ENTITIES OR TO THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR DJI HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT AND FOR WHICH THE DJI ENTITIES CANNOT BE HELD LIABLE UNDER THE TERMS.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW (SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO EU CONSUMERS) AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7.Limitation of Liability.
IN NO EVENT WILL THE DJI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DJI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Furthermore, nothing in these Terms limits or excludes yours or our liability for intentional violation of these Terms, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Governing Law and Jurisdiction.
You and DJI both agree that these Terms are non-exclusively governed by the laws of England and Wales, which means that the laws of England and Wales apply but that you still enjoy the protection of the consumer protection laws of the country in which you live.
You agree to submit to the non-exclusive jurisdiction of the English Courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in a court located in England or in the EU country in which you live. However, if you are a consumer, DJI will bring claims against you before the courts of the EU country in which you live.
B. Australian Users.
For Australian users the following sections apply:
5. Indemnity. You are responsible for your use of the Product. You will defend and indemnify DJI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “DJI Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) negligent use or alleged negligent use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
6. Disclaimers and Warranties.
6.1 Statutory Guarantees.
IF YOU ARE AN AUSTRALIAN RESIDENT THEN OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS AND SERVICES REPAIRED OR REPLACED IF THE GOODS AND SERVICES FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
GUARANTEES INCLUDE (WITHOUT LIMITATION) THAT (A) THE PRODUCT IS PROVIDED WITH ACCEPTABLE CARE, SKILL AND TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE; (B) THE PRODUCTS ARE FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND DJI AGREED TO; (C) THE PRODUCT IS DELIVERED WITHIN A REASONABLE TIME.
TO CLAIM UNDER THIS WARRANTY YOU MUST CONTACT:
SZ DJI Technology Co., Ltd.
DMCA Notice
14th Floor, West Wing, Skyworth Semiconductor Design
Building No.18 Gaoxin South 4th Ave, Nanshan District
Shenzhen, China, 518057
Telephone: +86 755 2665 6677
Fax: +86 755 8696 5903
Email dept-ip@dji.com
IF YOU MAKE A CLAIM AND ARE NOT ENTITLED TO A STATUTORY GUARANTEE, DJI RESERVES THE RIGHT TO REQUIRE THAT THE YOU PAY ANY EXPENSES AND COSTS ASSOCIATED WITH THE CLAIM.
6.2 Disclaimer.
NOTHING IN THIS SECTION 6.2 LIMITS YOUR RIGHTS AND STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1. THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR DJI HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.
THE BENEFITS PROVIDED TO THE CONSUMER BY THE WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES AVAILABLE TO THE CONSUMER UNDER THE LAW INCLUDING THE STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1.
7.Limitation of Liability.
EXCEPT FOR OUR LIABILITY TO YOU UNDER THE STATUTORY GUARANTEES DESCRIBED IN SECTION 6.1 (WHICH IS NOT LIMITED OR EXCLUDED):
IN NO EVENT WILL THE DJI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DJI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE DJI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7.1 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Governing Law and Jurisdiction.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and DJI agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. For avoidance of doubt, Section 10 will not apply to matters that may be taken to the small claims court or matters relating to your rights and statutory guarantees described in Section 6.1.
