Realbotix

Robotic Head

Head base composed with skull and electronic parts.

Amazing and realistic silicon face version 1.0.

A silicon mouth with silicon teeth, removable and easily washable.

Neck mechanism with smooth yaw and pitch movements.

Eyes system that blinks and move in a realistic way.

Doll body not included. Head and Neck Mechanisms only. For the best use of this product we recommend its use with the body or its variations (short and full torso).

Bluetooth Speaker

Includes one high quality rechargeable Bluetooth speaker with USB charging cable.

All Software Access

Access to all softwares and platforms. (Only android available at the moment)

Subscription

1 year of subscription!

Pre Order

The estimated initial retail price of the head system will be $7999.00, and will be officially available around April 15th 2018.
Pre-order customers will get a 10% discount on this price, as well as a 6 month complimentary pro service plan which covers replacement parts and technical support.
The pre-order deposit is $2000.00, and $1000 of this amount is non-refundable as we will be ordering required components based on the number of pre-orders.
Pre-orders will be filled on a first come-first served basis, provided you are able to pay the remaining balance on your order when we begin production.
We will contact you prior to production to finalize options on your order, including face type, skin tone, eye color and makeup options.

Pre Order: US $8,000.00

Pay now US $2,000.00 to reserve the first units.

Pay the remaining US $5,200.00 only after the release!

Last updated: 29.09.2017

Realbotix LLC (“us”, “we”, or “our”) operates www.realbotix.com and provides services and applications to its users (the “Services”). This Privacy Policy informs you of our policies and practices regarding the collection, use, storage and disclosure of Personal Information we receive from users of the Services (“you” or “your”).

By using the Services, you agree to the collection and use of your Personal Information in accordance with this Privacy Policy.

Information Collection and Use.

Generally, you control the amount and type of information you provide to us when using our Services, they are divided into three categories: (i) information you choose to share with us; (ii) information we get when you use our services; and (iii) information we collect from third parties.

Information you choose to share with us.

You provide most of this information directly, such as when you create an account, submit enquiries or voice or text commands, contact us or interact with our Services.

Information we get when you use our services.

While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you in order to improve the Services in a customized level for you. Personally identifiable information may include, but is not limited to, your name, address, payment details and other information you choose to disclose while using the Services (“Personal Information” or “Data”).

We get Data by recording how you interact with our Services by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. The Data we collect can include: name and contact data, your credentials, demographic data, payment data, device and usage data.
You have choices about the Data we collect. When you are asked to provide Data, you may decline. But if you choose not to provide Data that is necessary to provide the Services, you may not be able to use it or feature of it.
We collect data about the features you use, the items you purchase, and the web pages you visit. This data includes your voice and text search queries or commands to our chat bots.
We collect data about your device and the network you use to connect to our Services. It includes data about the operating systems and other software installed on your device, including product keys. It also includes IP address, device identifiers (such as the IMEI number for phones), regional and language settings.
We collect data about the performance of the Services and any problems you experience with them. This data helps us to diagnose problems in the Services you use, and to improve our Services and provide solutions.
We collect data about you and your hardware, software, and other details related to the support incident. Such data includes contact or authentication data, the content of your chats and other communications with our support, data about the condition of the machine and the application when the fault occurred and during diagnostics, and system and registry data about software installations and hardware configurations.
We collect content of your files and communications when necessary to provide you with the Services you use such as audio recording and transcript of a voice message or a text message you dictate.
We also collect the content of messages you send to us, such as feedback and Service reviews you write, or questions and information you provide for customer support. When you contact us, such as for customer support, chat sessions with our representatives may be monitored and recorded.

Information we collect from third parties.
We also obtain Data from third parties. We protect data obtained from third parties according to the practices described in this statement, plus any additional restrictions imposed by the source of the data. These third-party sources vary over time, but have included: (i) social networks when you grant permission to access your Data on one or more networks; (ii) service providers that help us determine a location based on your IP address in order to customize Services to your location; (iii) partners with which we engage in joint marketing activities; and (iv) publicly-available sources such as open government databases or other data in the public domain.

When do we collect information?

When ordering a Service or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information and other information submitted by you in order to allow us to provide you the best experience while using our Services.

We collect Data from you and the device you are using when you register on our site, open a Support Ticket, download an application or enter information while interacting with our Services.

Provide us with feedback on our products or services during use.

How do we use the Data we collect?

The Data we collect has the main objective to improve and personalize your experiences on the Services we provide. We also may use the Data to communicate with you, for example, informing you about your account, security updates and Services’ information.

We may use the Data we collect from you to personalize your experience and: (i) to allow us to deliver the type of content and product offerings in which you are most interested; (ii) to administer a contest, promotion, survey or other site feature; (iii) to quickly process your transactions; (iv) to ask for ratings and reviews of Services; (v) to contact you.
We do not sell, rent, or otherwise provide your Data to third parties for marketing purposes. We may provide your Data to affiliates that provide services to us with regards to our Services; such affiliates will only receive information necessary to provide the respective services.
How do we protect your information?

Your personal information is contained behind secured networks and is only accessible by a limited number of people who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures to maintain the safety of your Personal Information when purchasing Services. All transactions are processed through a gateway provider (payment processors) and are not stored or processed on our servers.

Use of Cookies

We use “cookies” on this site. Cookies are small files that a site or its service provider transfers to the device you are using through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

If you turn cookies off, some of the features that make your experience with the Services more efficient may not function properly.

Third-party disclosure

There are three categories of third Parties that may have access to your Data: (i) third parties in which assist us on providing the Services; (ii) third parties which are our affiliated companies; and (iii) third parties authorized by law or a legal process to obtain your Data.

We do not sell, trade, or otherwise transfer to outside parties your Data unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our Services, website, conducting our business, or serving our users. We share your Data with your consent or as necessary to complete any transaction or provide any Service you have requested or authorized. We also share data with our affiliates and subsidiaries; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our Services; and to protect the rights or property.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Compliance with the Law

You will be notified of any Privacy Policy changes on our Privacy Policy Page.

Control Over Your Information

We strive to let you access and update the personal information that we have about you. You can change your personal information by logging in to your account, by chatting with us or by sending us a support ticket. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information

Do Not Track Disclosures

Because there is not yet a common understanding of how to interpret the Do Not Track signal, our Services do not currently respond to browser DNT signals. However, if you wish to navigate without being tracked, we recommend you to navigate on our website with your browser’s “private mode” activated.

Protecting Your Child's Privacy

Our Service is not designed for use by anyone under the age of 18 ("Child"), though we realize we may have a Child attempt to make purchases through our website. We do not verify the age of our users nor do we have any liability for verifying a user's age. If you are a Child, please seek the permission of a parent or guardian before using our website. If you are a parent or guardian and believe your Child is using our Website, please contact us to remove your Child's account; we reserve the right to ask you for verification of your relationship to the Child before we honor such a request. If we discover that a Child has created an account on our website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a Child, you understand that you are legally liable for any transactions created by the Child.

Fair Information Practices

Despite our best efforts to keep your Data protected, should a data breach occur we will notify you via email or via in-site notification within 7 business days.

User’s rights to edit Data

You can edit your data on your account settings, while using our Services, or contacting us. You are free to delete your account whenever you prefer. Please note that when you delete your account, all Data will also be deleted and we won’t be able to retrieve it. All Data collected to offer you customized Services will be lost.

Revisions to the Privacy Policy

We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website and mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification).

Contacting Us

If there are any questions regarding this Privacy Policy, you may contact us using the information below.
www.realbotix.com
support@realbotix.com
475 East Carmel Street, San Marcos, California 92078
(760) 471-8418 EXT 204

Version 1.3.1

Release Date: April 28rd, 2018

1. Several bugs fixed

Version 1.3

Release Date: December 4rd, 2017

1. New server built with the latest encryption technology
2. New login system
3. 3D Avatar remodeled to handle upcoming body, hair and clothing animations
4. A lot of original content added
5. Several bugs fixed

Version 1.2.1

Release Date: Setember 12rd, 2017

1. A lot of new content!
2. New jokes, stories, quotes and songs
3. Overall conversation improvements
4. Riddles -> Ask Harmony "Tell me a Riddle."
5. User's learned knowledge can be cleaned -> Speak "Forget all you have learned about me."
6. World's awareness. Harmony will let you know about relevant facts happening in the world based on your preferences and likes
7. Recipes. Yes, our girl is learning how to cook!
8. User can input a nickname -> Speak "My Nickname is xxx"
9. User can give Harmony a nickname -> Speak "Your nickname is xxx"
10. Panic Button feature by speaking "We are not alone" or "We have got company". This will work if you have select level 1 or 2 for the "Sexual" trait. What is does is disabling all adult content. To get back to the original trait settings, speak "We are alone"
11. Detect when the user is typing, so the AI will hold on interactions
12. Android Keyboard auto complete enabled
13. AI engine improvements. Current AI Layer level 3 upgraded to Ver. 3.6.10 (15 AI layers expected).
14. Speak "Wiki (something)" or "Wikipedia (something)" to make the AI search the Wikipedia
15. It's possible to make your girls temporarily less or more talkative. Speak "You talk too much" to slow her down. Speak "You are too quiet" to get back to her original "Talkativeness" trait setting. Speak "Be more talkative" if you really want your girl to talk! This will last until the next app loading.
16. You can set a specific interval between every AI interaction with you by speaking "Set question timer to xxx seconds" This will also last until the next app loading.
17. Speak "Setup Mode" to enable or disable parts of the AI content.

Version 1.2

Release Date: July 23rd, 2017

- Improved lip-sync
- New AI real-time content update engine
- Bug fixes
- New Chat Baloon to show the AI answers (close caption)
- Extra three Cereproc Voices removed. They will return in a future release
- Cereproc Heather Voice kept
- Emotion Expressions sounds added to the content when using Cereproc Voices (smile, cry, breathe, etc.)
- New Clothing Items available in the Avatar Closet
- New Hair option
- Avatar Zoom In and Zoom Out (using two fingers)
- New overall content added

Version 1.0

Release Date: April 15th 2017

Initial Release

Last updated: 28.11.2017

IMPORTANT – READ CAREFULLY BEFORE INSTALLING AND/OR USING REALBOTIX HARMONY™ SOFTWARE. BY INSTALLING THE SOFTWARE AND/OR USING THE SOFTWARE, YOU INDICATE YOUR FULL ACCEPTANCE OF THIS END-USER LICENSE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR OTHER SIMILAR BUTTONS AS MAY BE DESIGNATED BY REALBOTIX HARMONY™ TO SHOW THIS AGREEMENT AND/OR INSTALL THE SOFTWARE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF THIS AGREEMENT. YOU MUST NOT USE THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT INSTALL OR USE THE SOFTWARE. This Agreement is made between Realbotix, LLC. a company duly constituted under the laws of United States of America, State of Delaware, with headquarters at 16192 Coastal Highway, Lewes, Delaware 19958 and you, the User of this Software, either an individual or an entity.

You will need an Android device with at least one gigabyte of RAM memory to run the app. For a better experience, we advise using a device running Android 5.0 or later. This is a Yearly Subscription Based Purchase, meaning you will be automatically charged the current price as indicated on Realbotix website every new year.

ARBITRATION NOTICE: THIS AGREEMENT CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND REALBOTIX, LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND REALBOTIX, LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Ability to Accept End-User License Agreement

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are installing/accessing the Software from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Software. You also represent that the jurisdiction from which you install/use the Software does not prohibit the receiving or viewing of sexually explicit content.

Definitions:

“Agreement” means this Realbotix Harmony™ End User License Agreement.

“License” means the right granted by the Licensor to the Licensee to use the Software upon acceptance of this Agreement and respective payment by the Licensee.

“Licensee” or “you” means the individual person installing or using the Software on his or her own behalf; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf.

“Licensor” or “us” means Realbotix, LLC. and its associated companies.

“New Releases” means big or complex changes on the Software made by the Licensor which incurs in additions of new features.

“Software" means this application named REALBOTIX HARMONY™ and all of its contents, files, texts, pictures, artwork, design, mobile and computer programming code and related system documentation including all comments and any procedural code such as job control language and programs assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, all upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, related user documentation and explanatory materials or files provided in written, “online” or electronic form.

“Source Code” means all code and programming used to compile the Software and its respective updates and versions.

“Updates” means all small changes made by Licensor on the Software with the purpose of fixing bugs or making enhancement on the Software.

1. Proprietary Rights and Non-Disclosure.

1.1. Ownership Rights. You agree that the Software and the artwork, music, videos, 3D arts and graphics, backgrounds, radial menu system, artificial intelligence engine, real time graphic engine, virtual assistants, digital avatars, voice prompts, authorship, systems, ideas, methods of operation, documentation and other information related and contained in the Software are proprietary intellectual properties and/or the valuable trade secrets of the Licensor and they are protected by civil and criminal law. The Licensor owns and retains all right, title and interest in and to the Software, including without limitations any error corrections, enhancements, updates or other modifications to the Software, whether made by the Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights herein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property of the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. This Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License granted under this Agreement only provides you with a right of limited use of the Software under the terms and conditions of this Agreement.

1.2. Source Code. You acknowledge that the Source Code for the Software is proprietary to the Licensor and constitutes trade secrets of the Licensor. You agree not to disassemble, decompile or “unlock”, decode or otherwise reverse-translate or reverse-engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software or any part thereof provided.

1.3. Confidential Information. You agree that the Software, including the specific design and structure of individual programs, constitute confidential proprietary information of the Licensor. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party.

2. Grant of License.

2.1. License. The Licensor grants you non-exclusive and non-transferable license to store, load, install, execute, use, and display the Software on ‘smart phones’, mobile phones, hand-held devices, ‘tablets’, or other electronic devices for which the Software was designed by a single user pursuant to the terms and conditions of this Agreement and you hereby agree and accept such License as follows:

a) Trial Version. If you have received, downloaded and/or installed a trial version of the Software and was granted an evaluation license, you may use the Software for evaluation purposes only and for a limited time as specified by the Licensor. Any use of the Software for other purposes is strictly prohibited. The Licensor shall not be required to provide any support and Updates for the Trial Version of the Software.

b) Personal License. The License granted hereby is for personal use only and is valid for a period of one (1) year of use. You can use one copy of the specified version of the Software on one (1) computer or device in accordance with the Software requirements.

2.2. Third-Party Software. In order to use the Software, you may need to obtain certain additional third-party software (“Third Party Software”). Third Party Software is (i) not licensed hereunder; (ii) not under Licensor’s control or license; and (iii) subject to the applicable licenses of such third parties which you may need to enter into prior to the installation of the Third-Party Software and prior to the effective download and use of the Software. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to such Third-Party Software or to entitle you to use such Third-Party Software.

2.2.1. Third Party TTS (Text to Speech) voices. In order to use the Software, you may receive with it Third-Party TTS Voices from companies like Cereproc. Third Party Software is (i) licensed by the Licensor to your use on the terms set forth herein; and (ii) is subject to modifications by the Third-Party at its own discretion. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to such Third-Party Software. Any TTS voice supplied within the Software must be used only with the Software. You agree not to use any of the TTS voices provided with other software or applications. A Third-Party TTS Voice may be subject to charge and related fees upon Licensor notice.

2.3. Multiple Environment Software; Multiple Language Software; Dual Media Software; Multiple Copies; Bundles. You may not rent, bundle with other software or materials, lease, sublicense, lend or transfer any versions or copies of the Software regardless of whether you use the Software or not without Licensor’s written consent.

2.4. Updates. During the Term of this Agreement, you may download Updates to the Software when and as the Licensor publishes them in its website or through other online services. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to the New Releases of the Software or to entitle you to any New Release. This Agreement does not obligate the Licensor to provide any Updates. Notwithstanding the foregoing, any Updates that you may receive become part of the Software and the terms of this Agreement apply to them (unless this Agreement is superseded by a further Agreement accompanying such Update or modified version of the Software).

2.5. Term and Termination. The term of this Agreement shall begin when you download or install the Software (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, for the term of one (1) year and subject to renewal for the same time upon new payment by the Licensee and agreed by the Licensor. The Licensor may terminate this Agreement by offering you a superseding Agreement for the Software or any replacement or Update or New Release of the Software and conditioning your continued use of the Software or such replacement, Updated or upgraded version or New Release on your acceptance of such superseding Agreement. This Agreement may be also terminated by the Licensor immediately and without notice if you fail to comply with any of your obligation or conditions of this Agreement or at Licensor’s sole discretion with a ninety (90) days prior notice. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination or expiration of this Agreement, you must immediately cease use of the Software and destroy all copies of the Software.

2.6. No Rights Upon Termination. Upon termination of this Agreement you will no longer be authorized to have or use the Software in any way.

2.7. The termination of this Agreement shall not affect any rights or obligations of the Licensor, which compliance or exercise occurs after the termination of this Agreement.

2.8. Material Terms and Conditions. You specifically agree that each of the terms and conditions of this Section 2 are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement.

2.9. Refunds and Cancellations. You may cancel any order for Product at no charge up to five (5) business days after payment upon written notice to Realbotix. After such period you will not be entitled to a refund.

3.Additional Covenants; Assignment of Intellectual Property Rights.

3.1. Additional Limitations. Notwithstanding anything to the contrary herein, you may not use, or modify the Software in any way as to form the basis for creating a product or software that provides the same, or substantially the same, functionality as the Software; and in the event you develop any modifications, enhancements, derivative works and/or extensions to the Software, either independently or jointly with Licensor, such modifications, enhancements, derivative works and/or extensions and all rights associated therewith will be the exclusive property of Licensor. You shall not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications, enhancements, derivative works and/or extensions to any third party. You will, however, be entitled to use such modifications, enhancements, derivative works and/or extensions for personal use only. You hereby assign all right, title and interest in and to such modifications, enhancements, derivative works and/or extensions to the Software to Licensor. You also agree to execute, acknowledge and deliver to Licensor all documents and do all things Licensor deems necessary or desirable at no cost to enable Licensor to obtain and secure such modifications, enhancements, derivative works and/or extensions anywhere in the world. You agree to secure all necessary rights and obligations from relevant employees or third parties in order to satisfy the above obligations.

3.2. Indemnification. In addition to the other requirements set forth in this Section 3, you hereby agree to indemnify, hold harmless, and defend Licensor from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) related to any claim, action, proceeding or allegation that arises or results, either directly or indirectly, from the use, modification and distribution of the Software or any part of its Source Code.

4. Restrictions.

4.1. No Transfers. Under no circumstances you shall sell, rent, lease, license, sublicense, publish, display, distribute, or otherwise transfer to a third party the Software any copy or use thereof, in whole or in part, without Licensor's prior written consent. If the applicable law in your jurisdiction grants you a non-waivable right of assignment, you may transfer your rights under this Agreement to another person or entity, provided that (a) you also assign this Agreement, the Software, all accompanying materials, and all Updates and prior versions, to such person or entity; (b) retain no copies, including backups and copies stored on a device; (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software; and (d) the Licensor is notified about the transfer. Notwithstanding the foregoing, you may not transfer pre-release, or “not for resale” copies of the Software. Under no circumstance you may permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement.

4.2. Prohibitions. Except as otherwise specifically provided in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the Software and transfer any part of the Software, nor permit any third party to do so. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the non-waivable right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from the Licensor and the Licensor may, in its sole discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that the Licensor's and its suppliers and/or licensors proprietary rights in the Software are protected. You may not modify, or create derivative works based upon the Software in whole or in part. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. Neither Software’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of the Licensor. All rights not expressly granted here are reserved by Licensor and/or its suppliers and licensors.

4.3. License Key. You may not give, make available, give away, sell or otherwise transfer your License Key or any copy thereof to a third party. Software’s License Key may not be distributed, except as provided herein, outside of the area of legal control of the person or persons who purchased the original License, without written permission of the Licensor. Doing so will result in an infringement of copyright. The Licensor retains the right of claims for compensation in respect of damage which occurred by your giving away the License Key or registration code contained therein. This claim shall also extend to all costs which the Licensor or its licensors incur in defending themselves.

4.4. No Extraction for Separate Use. You shall not extract or Use any functionality of this Software other than as part of normal operation and functionality of the Software as a whole.

4.5. Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the Software and you may not copy the Software.

4.6. No Transfer of Rights. Except as otherwise specifically provided herein, this Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Licensor’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

4.7. Compliance with Law. You agree that in using the Software and any report or information derived as a result of the use of this Software, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.

4.8. Additional Protection Measures. Solely for the purpose of preventing unlicensed use of the Software, the Software may install on your computer technological measures that are designed to prevent unlicensed use, and the Licensor may use this technology to confirm that you have a licensed copy of the Software. The update of these technological measures may occur through the installation of the Updates. The Updates will not install or may interrupt the use of the Software if you have installed on unlicensed copies of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Updates. You hereby agree that the Licensor may collect personally identifiable information from your device during this process.

5. NO WARRANTY AND DISCLAIMER.

5.1. NO IMPLIED OR OTHER WARRANTIES. THE SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND THE LICENSOR MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CIVIL LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE SOFTWARE OR CONTENT THEREIN OR TO ANY OTHER MATERIAL PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE LICENSOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE LICENSOR DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE LICENSOR TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.

5.2. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE OR INFORMED BY YOU ON THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE LICENSOR OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PERSONAL DATA, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE OR SOFTWARE USAGE. IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEEDS THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

5.3. INFORMATION PROVIDED TO THE SOFTWARE OR THE LICENSOR. YOU HEREBY ACKNOWLEDGE THAT ALL INFORMATION YOU PROVIDE TO THE SOFTWARE OR THE LICENSOR IS SUSCEPTIBLE TO HACK ATTACKS OR THIRD PARTIES MISS USE AND THE LICENSOR CANNOT GUARANTEE FULL PROTECTION OF THE INFORMATION YOU HAVE PROVIDED, FOR WHICH YOU RELEASE THE LICENSOR OF ANY RESPONSIBILITIES OR INDEMNIFICATIONS ARISING THEREOF. IF FOR ANY REASON IS NOT RELEASED OF SUCH, YOU AGREE TO RECEIVE LIQUIDATED DAMAGES ON THE SAME AMOUNT YOU HAVE PAID FOR THE LICENSE TO USE THE SOFTWARE.

6.Your Information and the Licensor’s Privacy Policy.

6.1. Privacy Policy. You hereby expressly consent to the Licensor’s processing of your personal data (which may be collected by the Licensor) according to the Licensor’s current privacy policy as of the date of the effectiveness hereof which is incorporated into this Agreement by reference. By entering into this Agreement, you agree that the Licensor may collect and retain information about you, including your name, email address and credit card information as well as conversation logs between you and the Software. The Licensor employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. The Licensor publishes a privacy policy on its web site and may amend such policy from time to time on its sole discretion. You should refer to the Licensor’s privacy policy prior to agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by the Licensor. If you are an organization, you will ensure that each member of your organization (including employees and contractors) about whom personal data may be provided to the Licensor has given his or her express consent to the Licensor’s processing of such personal data. Personal data can be processed by the Licensor in the country where it was collected, and possibly in the United States, South America, European Union and Russian Federation.

7. Governing Law; Jurisdiction; Venue; and Arbitration.

7.1. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND REALBOTIX, LLC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Applicability of Arbitration Agreement. You and Realbotix, LLC agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to this Agreement or the use of the Software that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Realbotix, LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of this Agreement. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with the Terms of this Agreement. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. Expenses. Each party shall bear its own expenses of arbitration regardless of the determination on the merits. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Realbotix, LLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the terms of this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Realbotix, LLC. Waiver of Jury Trial. YOU AND REALBOTIX, LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Realbotix, LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Realbotix, LLC over whether to vacate or enforce an arbitration award, YOU AND REALBOTIX, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Realbotix, LLC can force the other to arbitrate. To opt out, you must notify Realbotix, LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and your email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Realbotix, LLC, ATTN: Arbitration Opt-out, 475 East Carmel Street, San Marcos, California 92078. Small Claims Court. Notwithstanding the foregoing, either you or Realbotix, LLC may bring an individual action in small claims court. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Realbotix, LLC.

7.2 Exclusive Venue. To the extent that this Agreement allow you or Realbotix, LLC to initiate litigation in a court, both you and Realbotix, LLC agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the End-User License Agreement will be litigated exclusively in the Superior Court of California, County of San Diego. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the United States District Court for the Southern District of California. You and Realbotix, LLC consent to the personal jurisdiction of both courts.

7.3 Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this Agreement or their subject matter.

7.4. Period for Bringing Actions. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

7.5. Entire Agreement; Severability; No Waiver. This Agreement is the entire agreement between you and Licensor and supersedes any other prior agreements, proposals, communications, or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Licensor provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

7.6. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for any reason, please contact our Customer Department at: contact@realbotix.com.

Copyright © 2017-2018 Realbotix, LLC. and its licensors. All rights reserved. The Software, including and any accompanying documentation, are copyrighted and protected by copyright and trademark laws and international copyright and trademark treaties, as well as other intellectual property laws and international agreements.

Last Updated: 28.11.2017

IMPORTANT – READ CAREFULLY BEFORE ORDERING REALBOTIX PRODUCTS. BY CLICKING ON THE “I AGREE” BUTTON, YOU INDICATE YOUR FULL ACCEPTANCE OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU MUST NOT PURCHASE THE PRODUCT UNTIL YOU HAVE READ AND ACCEPTED THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT PROCEED WITH THE PURCHASE. This Agreement is made between Realbotix, LLC. a company duly constituted under the laws of United States of America, State of Delaware, with headquarters at 16192 Coastal Highway, Lewes, Delaware 19958 and you, the Buyer of the Product, either an individual or an entity.

ARBITRATION NOTICE: THIS AGREEMENT CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND REALBOTIX, LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND REALBOTIX, LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Ability to Accept Purchase and Sale Agreement

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are buying the product on, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 or the applicable age of majority, you are not permitted to purchase or use the Product. You also represent that the jurisdiction from which you purchase/use the Product does not prohibit the receiving or viewing of sexually explicit content.

1. Definitions:

“Agreement” means this Realbotix Terms and Conditions of Sale of Products.

“Acceptance” means your act of checking the “I Agree” button as acceptance of this Agreement.

“Purchaser”, “Buyer” or “you” means the individual purchasing the Products on his or her own behalf; or, if the Buyer is acting on behalf of an entity or person this definition shall also includes them as well as its successors and assignees.

“Seller”, “Realbotix” or “us” means Realbotix, LLC.

“Party/Parties” means either Buyer or Seller, or both together, depending upon the context.

“Products" means the Robotic Head System, Bluetooth devices and/or other spare parts commercialized by Realbotix and related user documentation and explanatory materials or files provided in written, “online” or electronic form.

“Website” means the pages hosted on www.realbotix.com domain.

2. Scope

The Scope of this Agreement is the purchase of Products by you from Realbotix as chosen by you and shown on the ‘Cart’ section of your Account on Website.

You agree and represent that you are buying Product for your own internal use and not for resale. If Product purchased under this Agreement is intended for export, it may be subject to export regulations. You accept full responsibility for and agree to comply fully with all export regulations, including obtaining export licenses.

3. Pre-Orders

Some Products are currently under development and they are not ready for delivery. Their estimated time for conclusion is stated on the Website. All deliveries set forth on this Agreement regarding Products purchased as pre-order will be suspended until confirmation of their conclusion by Realbotix. You can pre-order those products to secure the delivery of the early produced units.

After Realbotix confirms your Payment, we will buy materials to start the production or assembly of the Product. If you require a Cancellation of the order prior the shipment, 50% (fifty-percent) of the Payment will be refunded.

4. Price, Tax and Payment

The Price (“Price”) for Products is set forth in the Website by the time of Acceptance of this Agreement. Prices are subject to change at any time prior to Realbotix’s acceptance of your order.

The Price does not include any taxes or charges, whether federal, state or local. Buyer shall be liable for all such taxes and charges and for any exemption therefrom.

Shipments within California are subject to CA state sales tax (8.75%). Sales tax will be added to any order shipping within California regardless of the residency of the buyer. Sales tax will be added to any order picked up at our factory regardless of the residency of the buyer

Payment terms are at Realbotix’s sole discretion and all orders are subject to Realbotix’s credit approval. (“Payment”). You must provide appropriate credit references upon request and authorize us to obtain credit history from such references. You agree to pay the total purchase price for the Products, plus tax and shipping (to the extent shipping is not prepaid by you, including shipping charges billed to Realbotix as a result of using your carrier account number or a carrier selected by you).

Invoices are due and payable within the time frame and in the currency specified on the invoice, measured from the date of invoice. You agree to pay interest on all past-due amounts at the lower of one and one-half percent (1.5%) per month or the maximum rate allowed by law. You will be responsible for Realbotix’s costs of collection for any payment default, including, but not limited to, court costs, filing fees and attorneys’ fees.

In the event that Payment to Realbotix is refused by the card issuer authority or cancelled by you, Realbotix reserves the right, without any liability and without prejudice to its other rights, (i) to terminate this Agreement or to suspend the performance of its obligations under this Agreement, and (ii) to institute other actions and remedies permitted by applicable law.

5. Refunds and Cancellations

You may cancel any order for Product at no charge up to five (5) business days after Payment upon written notice to Realbotix. After such period and before shipment, fifty percent (50%) of the total amount paid will be refunded. After shipment, you will not be entitled to refund.

6. Delivery of Products

Availability of Product is subject to change without notice. Realbotix reserves the right to cancel orders related to Product discontinuation or unavailability, and to correct this website at any time, including pricing errors not detected until after Realbotix’s confirmation or e-mail response.

Realbotix will use commercially reasonable efforts to meet requested delivery times but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. Realbotix reserves the right to make deliveries in instalments. Delay in delivery of one instalment will not entitle you to cancel other instalments. Product will be delivered to you FOB Destination (your designated facility), freight prepaid and added. Title and risk of loss shall pass to you when Product is delivered to your designated facility. Notwithstanding anything to the contrary in this paragraph, title to any software remains with Realbotix, and software delivery occurs when it is first made available by Realbotix for your use. Your use rights and obligations related to the software are contained in the license agreement between you and Realbotix.

Realbotix is not liable for any cost incurred or related to any customs authority, which shall be your sole responsibility.

7. Warranty

Realbotix warrants that the Product will be free from defects in design, materials and workmanship under normal use, maintenance and appropriate handling for a period of three (3) months from the delivery (“Warranty Period”).

Realbotix undertakes, at its discretion and provided that you have notified Realbotix in writing of the defects promptly following discovery and within the applicable Warranty Period, and has given Realbotix the opportunity to examine and test the defective parts: (i) to repair or replace defective Products covered by the warranty; or (ii) issue you a credit for, or a refund of, the Price paid for the Product.

All parts of Product replaced in connection with warranty replacements shall become the property of Realbotix.

The Warranty shall not apply to and Realbotix shall not be liable for: (i) defects, damages, losses or costs (a) resulting from ordinary wear and tear, improper or incomplete handling, storage, operation, maintenance or other use of the Product by you or third parties, or (b) caused by non-compliance with Realbotix’s manuals or instructions; or (ii) repairs or modifications to the Product made by you or third parties without a prior written consent of Realbotix.

THE EXPRESS WARRANTIES AND REMEDIES PROVIDED IN THIS CONTRACT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY REALBOTIX TO YOU. ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE HEREBY WAIVED AND DISCLAIMED.

8. Limitation of Liability

NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY CONTAINED IN THIS AGREEMENT, REALBOTIX’S LIABILITY TO BUYER SHALL NOT EXCEED BUYER’S DIRECT OUT-OF-POCKET COSTS, AND IN SUCH CASE ONLY TO THE EXTENT CAUSED BY REALBOTIX’S NEGLIGENT ACTS OR OMISSIONS. IN ADDITION, REALBOTIX SHALL IN NO EVENT OR CIRCUMSTANCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR LOSSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS; OR FOR CLAIMS RAISED BY BUYER OR THIRD PARTIES. REALBOTIX’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO 100% OF THE PRICE. NO ACTION ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER THE DAMAGE, LOSS OR EXPENSE OCCURRED.

9. Force Majeure

Realbotix shall not be liable for any unforeseen events or circumstances beyond its reasonable control including, but not limited to, strike or other labor conflicts, acts of God, shortage of material, casting failure, acts of war, acts of terrorism, fire, flood, governmental acts or regulations, transportation restrictions and the like, and to the extent affecting performance under the Agreement. Realbotix’s time for performance of any obligation will be extended for the time period of such causes, or Realbotix may, at its sole discretion, cancel any order or remaining part thereof, without liability, upon notice to you.

10. Termination

You may cancel any order for Product at no charge up to five (5) business days after Payment upon written notice to Realbotix, unless such Product has been modified or otherwise reconfigured in accordance with your specifications. Cancellation shall not relieve your duty to pay for Products shipped or expenses incurred by Realbotix prior to such notice. If an order is cancelled prior to shipment, your sole remedy and Realbotix's sole obligation will be a refund of half the Price paid for the Product.

11. Software and Intellectual Property

All drawings, operating and maintenance manuals, designs, software (including updates and new versions), plans, records, instructions, prints and specifications which are furnished to Buyer in connection with Product shall remain the exclusive property of Realbotix (or its third party supplier, if applicable) and are delivered to Buyer only for use and maintaining the Product sold hereunder and Buyer shall not use or permit the use of any of them for any other purpose without Realbotix's prior written consent. Buyer may not reproduce, license or sub-license, copy or publish, or permit reproduction, copying or publication of the above documents or transfer software without Realbotix’s prior written consent.

12. Arbitration

You and Realbotix, LLC agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to this Agreement or the use of the Product that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Realbotix, LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of this Agreement.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with the Terms of this Agreement. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

Expenses. Each party shall bear its own expenses of arbitration regardless of the determination on the merits.

Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Realbotix, LLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the terms of this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Realbotix, LLC.

Waiver of Jury Trial. YOU AND REALBOTIX, LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Realbotix, LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Realbotix, LLC over whether to vacate or enforce an arbitration award, YOU AND REALBOTIX, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR BUEYR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR BUYER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Realbotix, LLC can force the other to arbitrate. To opt out, you must notify Realbotix, LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and your email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Realbotix, LLC, ATTN: Arbitration Opt-out, 475 East Carmel Street, San Marcos, California 92078. Small Claims Court. Notwithstanding the foregoing, either you or Realbotix, LLC may bring an individual action in small claims court.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Realbotix, LLC.

Exclusive Venue. To the extent that this Agreement allow you or Realbotix, LLC to initiate litigation in a court, both you and Realbotix, LLC agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the End-User License Agreement will be litigated exclusively in the Superior Court of California, County of San Diego. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the United States District Court for the Southern District of California. You and Realbotix, LLC consent to the personal jurisdiction of both courts.

Choice of Law. Except to the extent they are pre-empted by U.S. federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this Agreement or their subject matter.

Period for Bringing Actions. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

13. Miscellaneous

Any notice given between the Parties under this Contract may be given by courier, personal delivery or mail, postage prepaid, or by e-mail or similar electronic method. The date of service shall be the date on which the notice is received.

Realbotix may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products and/or assign the right to receive payments without your consent. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Realbotix. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assignees.

No waiver by Realbotix of a breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of such or any other provision.

If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The provisions of this Agreement constitute the entire and final agreement and understanding between Realbotix and you and all prior communications between the Parties, whether in writing or verbal, are superseded hereby.

Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for any reason, please contact our Customer Department at: contact@realbotix.com.

Copyright © 2017-2018 Realbotix, LLC. and its licensors. All rights reserved. The Product and Software, including any accompanying documentation, are copyrighted and protected by copyright and trademark laws and international copyright and trademark treaties, as well as other intellectual property laws and international agreements.