Terms Of Service

RC Mowers User Account Terms and Conditions

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[ Embankscape Equipment LLC dba RC Mowers ]

Updated: February 8, 2023

These terms and conditions (the "Terms") govern your access to and use of your RC Mowers User Account (your "Account") and any RC Mowers websites, web applications, or mobile applications that link to or reference these Terms, or that you access through your Account (collectively, the "Sites"). Some RC Mowers websites, and mobile applications are also governed by separate terms of use, license terms, cookie policies, and privacy policies. By using an Account, or by accessing or using the Sites, you confirm that you accept these Terms and that you agree to comply with them, and you enter into a personal and legally binding contract with us. You represent and warrant to us that you are at least 18 years old. If you do not agree to these Terms, you must not use an Account, or access or use the Sites. We recommend that you print a copy of these Terms for future reference.(https://www.amroperator.com/) contains important provisions disclaiming and excluding our liability and the liability of others regarding your use of the websites and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the websites. Each of those provisions also applies to any disputes that may arise in relation to this policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this policy.

Creating and Using Your Account

Provide Accurate Information. You agree that you will provide accurate contact information to us when you create your personal Account. If your contact information or other information related to your Account later changes, you agree that you will notify us promptly and provide current information.
Protect Your Password. You are solely responsible for protecting your Account password and other access information. Specifically, you agree that you will keep your password secure and confidential. You further understand and agree that you will not share your Account with, or transfer it to, any other person. You have the ability to give access to other people by creating them personal accounts.
Using the Sites. All or portions of the Sites may be modified or updated from time to time, at our sole discretion, without notice or liability, to reflect changes to our products, customer needs, and our business priorities and, in relation to hosted software and applications, such changes may be outside of our control. We may also remove any content from the Sites at our discretion, without notice or liability. We will try to give you reasonable notice of any major changes. If you do not agree with a modification or update, you may stop using the Sites at any time.
Availability of the Sites. While we endeavor to make the Sites available, we do not guarantee that our Sites will always be available or be uninterrupted. We may suspend, discontinue, or restrict the availability of all or portions of the Sites for business or operational reasons. We will try to give you reasonable notice of any suspension or discontinuation of the Sites.

Prohibited Uses.

Without limiting any other terms in these Terms, you agree that you will not (and you will not permit, assist, encourage or enable anyone to) use your Account and/or the Sites to:

Violate these Terms.
Share your user account or credentials, access the Sites using another person’s user account, or provide false or misleading information when establishing or using your RC Mowers user account.
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit, the Sites.
Access your Account or the Sites by any means other than our publicly supported interfaces
Remove or modify any copyright, trademark or other proprietary rights notice that appears on or in the Sites or on any materials available through the Sites.
Access or view information about other users of Sites without authorization.
Probe, scan, or test the vulnerability of any system or network.
Reformat or frame any portion of the Sites.
Attempt to gain unauthorized access to any Account, user accounts, computer systems or networks connected to your Account or the Sites through hacking, password mining or any other means.
Plant malware or otherwise use your Account or the Sites to distribute malware, computer viruses, spyware, worms, defects or other items of a destructive nature.
Use any device, software or routine that interferes with the proper working of the Sites, or otherwise attempt to interfere with the proper working of the Sites
Use your Account or the Sites to violate the security of any computer network, crack passwords or security encryption codes.
Disrupt or interfere with the security of, or otherwise cause harm to, the Sites.
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of your Account or the Sites, or features that enforce limitations on the use of the Sites.

If you use the Services, Site or your Account for any of the Prohibited Uses, your right to use the Services, Site and your Account will cease immediately. Where your use of the Services, Site or Account for any of the Prohibited Uses constitutes a criminal offence, we will report any such breach to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them, where necessary.

How We Use Your Account Data

To Support Your Account. You grant RC Mowers the right to copy, modify, display, transmit and otherwise use your Account Data, including specifically your name and contact information as needed to maintain and support your Account and to enable your use of the Sites. You understand and agree that the existence of your Account is not confidential, and that a primary purpose of establishing and maintaining your Account is that you can manage your Operator’s, Technicians, Machines and other provided data.
Use by RC Mowers. You acknowledge and agree that RC Mowers may use your contact information and any data generated by your use of your Account (“Account Data”) as provided in these Terms, in our Data Services and Subscriptions Statement, and the RC Mowers User Account Privacy Notice.
Feedback. We welcome your feedback. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree and warrant that (i) your Feedback does not contain any personal, confidential, or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) we may use, publish, distribute and sublicense the Feedback without any obligation or compensation to you or any third party.
Mandatory Privacy Notices and Explanation of Data Subject Rights. Some countries require us to deliver a privacy notice or other statement to you outlining details about our services and customers’ rights under applicable laws. Our linked privacy notice (available at www.amroperator.com/PrivacyPolicy) serves that purpose, but everyone is welcome to read them to learn more about how we manage and process information from and for customers.

Disclaimers and Limitations of Liability

Please read this section carefully because it limits our liability. Each of the subsections below applies to the maximum extent permitted under applicable law and subject to subsection. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

While RC Mowers endeavors to provide a functional and convenient Site, your Account and the Sites are made available to you on an "as is", "with all faults" and "as available" basis. Your use of the Sites and Account are at your own discretion and risk. We make no claims or promises about the quality, accuracy, or reliability of the Sites or your Account, their safety or security, availability or uptime, or content. You will maintain your own backup of your data. Accordingly, we will not be liable to you (nor to any linked Service Customer or any other person claiming rights derived from your rights) for any losses related to any of your business such as loss of information or data, lost revenues or profits, or loss of goodwill or reputation, with respect to any claims based on contract, tort (including, without limitation, negligence and strict liability), in equity or otherwise arising from, relating to or in connection with the Sites or Account.
We make no claims or promises with respect to any site user or other third party. Accordingly, we are not liable to you for any loss or damage that might arise from actions of these third parties, including, for example, if another user misuses your content or identity. Your use of third-party content is at your own discretion and risk.
We do not guarantee that the Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology to access our Sites and should use your own virus protection software.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage caused by your failure to comply with any operator manuals or maintenance instructions that may be issued by us from time to time.
Our maximum aggregate liability to you for losses or damages that you suffer in connection with your Account, the Sites or these Terms is limited to US$ xxx, or the equivalent in your local currency.

Termination

We reserve the right to suspend or end these Terms, your Account, or your access to the Sites at any time, if we give you reasonable notice. If you use the Sites for any of the Prohibited Uses or otherwise breach these Terms, your right to use the Sites will cease immediately and we may suspend or end your Account and your access to the Sites without notice.
In the event of any termination, whether by you or us, those provisions of these Terms under the heading "Disclaimers and Limitations of Liability" and any other terms that are intended to survive termination will continue in full force and effect. To the maximum extent permitted by applicable law, RC Mowers will not be liable for any loss of or damage to any of your Account Data following any termination of these Terms.
On termination the personal information associated with your Account will be deleted, unless there is a justification in law for the retention of such personal information or such information are critical for the use of your Autonomous Mowing Robot.

General Terms

Except as otherwise stated in our Privacy Policy and only to the extent permissible under applicable law, these Terms contain the entire agreement between you and us regarding its subject matter and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on RC Mowers part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any failure of RC Mowers to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. All waivers must be in writing, and signed by RC Mowers, to be effective.
If any provision of these Terms is found to be wholly or partially unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sub-licensable by you except with RC Mowers prior written consent but may be assigned or transferred by us without restriction, provided that such assignment or transfer does not adversely affect or materially reduce your rights under the Terms. Any assignment attempted to be made in violation of these Terms shall be void.
RC Mowers and you are independent contractors, and not agents, legal partners, or engaged in any employment relationship with each other.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
RC Mowers will not be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war (declared or undeclared), disease, fire, flood, storm, slide, earthquake, power failure, inability to obtain equipment, supplies or other facilities not caused by a failure to pay, labor disputes, or other similar event beyond the control of RC Mowers which may prevent or delay such performance. If any such act or event occurs or is likely to occur, RC Mowers will use reasonable efforts to notify you, and will use reasonable efforts to eliminate or remedy the event.
We reserve the right to change or update this policy, or any other policies or practices, at any time, at our sole discretion, and without notice or liability to you or any other person. Any changes or updates will be effective immediately upon posting to any of the websites. The collection, use, and disclosure of your personal information by us will be governed by the version of this policy in effect at that time. New versions of this policy will be posted here. Your continued use of the websites will signify that you consent to the collection, use, and disclosure of your personal information in accordance with the changed policy. Accordingly, we recommend that you periodically review this policy to ensure that you are familiar with its most current version.

You understand and agree that your continued access to or use of your Account or the Sites after any modification to these Terms are posted on the Sites indicates your acceptance of the modified Terms.

We may also choose, in our sole discretion, to notify you directly of certain modifications to these Terms and we may require your direct agreement to the modified Terms before you may continue to use or access your Account or the Sites. If you do not agree to any modified Terms, you must immediately stop using yourAccount and the Sites and we may suspend or terminate your Account.