Fellowes, Inc. ("Fellowes", "us", "our", or "we"), an Illinois corporation located at 1789 Norwood Ave., Itasca, Illinois 60143, is the creator and owner of a device that enables users to
manage the quality of the air in their workspaces remotely ("Device(s)") through a mobile application and/or a web-based platform ("App"). Any reference herein to Fellowes shall include
its subsidiaries, when applicable. These Terms of Service ("Terms") govern your purchase and use of the Device and associated maintenance services as well as your access to and use of the App
and the functionalities available thereon (collectively, the "Services"). Our Privacy Notice, found at https://www.fellowes.com/us/en/misc/pg/privacy-policy,
governs our collection, processing, and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any adult user of the Services, including any
user on behalf of a Company (as defined below).
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your acceptance of these Terms. If you do not agree to these Terms,
please do not click the button marked "I agree" and do not purchase Devices and/or use the App and/or Services. Please also review these Terms periodically. The Terms may
be updated or modified at any time and from time to time, for any reason at the sole discretion of Fellowes. Such updates and notifications will be posted on the Website and
App, and it will become effective immediately upon its posting on the Services. Your continued use of the Services following the posting of the updates and modification to the
Terms will have deemed to be your acceptance of the revised terms.
If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into and bind the Company to these Terms
and register for the Services. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to
you and the Company. Fellowes reserves the right to revoke your right to access the Services where such access is prohibited or does not comply with applicable law.
In the event of a conflict between these Terms and a previous agreement that has been entered between us and a Company on whose behalf you are using the Services,
prior to entering into these Terms ("Prior Agreement"), the provisions of such Prior Agreement shall prevail to the extent of such inconsistency.
Fees, Payment, and Subscriptions
The fee for purchase of the Viewpoint Plus Subscription Package shall be charged in accordance with the fee
schedule available at
Viewpoint Plus - Fellowes®.
Please note that subscriptions will not automatically renew. Fellowes will provide You a notice of your subscription end date at least
thirty (30) days before Your subscription expires. In the event You do not renew your Viewpoint Plus Subscription, please note that you may be responsible for an LTE fee of $20.00 per unit per year unless you participate in the Filter Reminder Service and buy or replace filters for your Array units as scheduled.
You will be provided with a thirty-day complimentary access period to Viewpoint Plus with any monitoring only purchase. If you purchased an air purification or UVC device,
You will be provided with a six-month complimentary subscription to Viewpoint Plus. Additionally, Fellowes provides You with free LTE compatibility. You will have the opportunity
to purchase a Viewpoint Plus Subscription Package which shall include a discounted fee for purchasing additional Devices and extended service agreements which are available in 1-, 2-,
and 3-year subscription lengths. All subscriptions are billed for the full term at the time of order. To cancel a subscription You must provide Fellowes a minimum of 30 days advance notice,
and this must be completed prior to the end of the complimentary Viewpoint Plus access period. Upon receipt of Your cancellation notice, Fellowes shall issue You an account credit, less a
25% cancellation fee, for the balance of the subscription term from the effective date of your cancellation. This account credit is redeemable with your Fellowes-authorized dealer when
purchased through an authorized dealer. If purchased directly from Fellowes or on fellowes.com, this credit will be applied directly back to your method of purchase.
A mobile application may be available in the future and can be downloaded for free. Fellowes may add, from time to time, additional or advanced features to the App for an additional fee.
For purpose of making payments to Fellowes, you will be asked to provide customary billing information such as name, billing address and credit card information either to Fellowes or
its third-party payment processor(s). You agree to pay Fellowes the applicable Fee in accordance with these Terms by one of the methods available. You hereby authorize the collection of
any amounts payable to Fellowes by charging the credit card provided, either directly by Fellowes or indirectly, via a third-party online payment processor or by any other payment method
as may be available. If you are directed to a third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's
Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. Where applicable, taxes may also be charged. Except as expressly
provided in these Terms, fees are non-refundable.
Use of Services
Fellowes allows you to access and use the App and Services subject to these Terms and the Prior Agreement, if applicable. Other than with respect to any outstanding orders, Fellowes may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services. In the event Fellowes discontinues the Services prior to Your end of Services under an applicable agreement, Fellowes will refund the prorated fee for the period commencing on the Services discontinuation date through the end of your applicable service agreement through the methods described above.
You may use the Device(s), the App and the Services provided through the Device(s), for your own use or for use by your Company only. You shall not use the Device(s) or Services to provide any services to any third party and you shall not make any commercial use of the Device(s), App or Services. Companies using the App shall be provided with a web-based version of the App. Use of and access to the Services is void where prohibited by law.
You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, and have the legal ability to form a binding contract; (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party; and (e) your use of the Services shall be in compliance with all applicable laws, regulations, guidelines, and these Terms. To the extent you provide any Personal Data of other Users (as defined below) in order to register them to your account, you further represent that you have and shall maintain throughout the term of these Terms all necessary rights and/or consents required under applicable law in order to provide such Personal Data to Fellowes and allow it to provide the Services as contemplated hereunder.
You agree to notify Fellowes immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. Fellowes will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Fellowes harmless for any improper or illegal use of your account. In the event of suspected illegal or improper use, please notify us via e-mail to csservice@fellowes.com as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
Connectivity
You hereby acknowledge and agree that in order to transmit Data, Your Array™ device uses a cellular or other wireless service and that communication with the product involves and/or utilizes other wireless technologies, including Wi-Fi and/or Bluetooth® technology (“Wireless Service”). The Wireless Service involves radio technologies and is subject to transmission and service area limitations, interruptions and dropped calls caused by atmospheric, topographical, or environmental conditions, cell site availability, equipment or its installation, governmental regulations, system limitations, maintenance or other conditions or activities affecting Wireless Service operation. Wireless Service and/or features may not be available in all areas. Wireless Service is only available within each applicable calling plan coverage area, within the operating range of the wireless systems, and with Equipment that is authorized to operate on the wireless network. You acknowledge and agree that this Data and/or Services is not to be used for remote medical monitoring or other life critical applications. You hereby agree that any failure by Array, Array Viewpoint or the Services to perform as expected shall be excused in all cases including but not limited to a failure of a third party wireless or telecommunications provider serving a particular area, power failure, national emergency, interference by any governmental agency, acts of God, strikes, other labor disturbance, severe weather conditions, fire, terrorism, riots, war, earthquakes, or any other causes beyond the affected Party’s reasonable control.
Account Registration and Administration
In order to use the Services, you will need to register and create a Fellowes account. You may be registered to a Fellowes account either as an "Admininstrator", “Maintenance“ or as a "Viewer". The classification under which you are registered will impact the Services, data, and systems controls available to you. Subject to these Terms and our Privacy Notice, your account will allow you to use the Services, and purchase additional features.
To create an account, users, whether as an Administrator, Maintenance, or Viewer, must provide information as may be requested by Fellowes, such as, but not limited to, the email address, phone numbers, and site address, including zip code.
Initial registration of an account and setup of Device(s) must be completed by an Administrator. Administrators shall have access to the full functionality of the App and Services. Following initial setup of an account, the Administrator may add Users who will be permitted to either provide maintenance or view activity within the account and will receive relevant push notifications related to the account. In order to register Users to the account, the Administrator must provide the email address of each additional User. Users whose information has been provided by the Administrator shall receive an email message inviting them to register and/or to download the App independently. Additionally, the Owner/Administrator can choose to add additional administrators to the site as well as delete account members.
Setup, Assistant, Alerts, and External Data
Once you have created an account as an Administrator in accordance with the terms set forth above, you may register a Device to your account and pair it with other Devices in your workplace or facility, as applicable. Within your Administrator account you will be able to manage the quality of the air in your building, as applicable, remotely on a self-defined area basis and review the daily, weekly, or monthly (30-day month) history of air quality, and, where applicable, respond to alerts.
Air quality data and recommendations may also be provided based on your location. You can add your exact location manually inputting your address during the device setup. The Services may provide data from external sources regarding the air quality in your area ("External Data") and use this External Data to tailor recommendations and Device activity.
As part of the Services, users may, from time to time, receive recommendations, tips, or alerts within their accounts or via email and/or push notifications including, inter alia, the need to change a Device's filter, and/or certain irregularities to the quality of the air in their defined spaces within the system. Some of these alerts may be disabled by users. However, certain alerts can only be disabled manually at the relevant Device’s location or may be disabled remotely by an Administrator. If you elect to opt out of Filter Reminder Service or fail to buy or replace filters as scheduled and are not subscribed to Viewpoint Plus, You may be charged an LTE fee of $20.00 per unit per year.
Termination of Account
You agree that Fellowes may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) termination, suspension or expiration of the Prior Agreement between us and the Company for any reason; (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Fellowes, or (v) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin Fellowes again without express permission. Upon termination of your account, you shall not have any further access to any of the Viewpoint, Viewpoint Plus Services or Content (as defined below) that may be available through your account.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior involved in the use of the Services. We will fully cooperate with any law enforcement authorities, or court order requesting or directing us to disclose the identity and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services. You may request termination of your Fellowes account at any time and for any reason by sending an email to csservice@fellowes.com. Following such request, Fellowes shall close your account as soon as reasonably practicable. Any suspension, cancellation or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension, cancellation or termination.
Content
Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any updates, reports, recommendations, external data, and any modifications or derivatives of the foregoing.
Content comes from a variety of sources. You understand that Fellowes is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
Content comes from a variety of sources. You understand that Fellowes is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
FELLOWES DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. FELLOWES DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO FELLOWES' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Use Restrictions
You may not and may not allow any third party to do or attempt to do any of the following: (1) decipher, decompile, disassemble, or reverse engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content available on the Services; (3) use the Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user’s account or password without permission; or (6) use the Services or content provided in any manner not permitted by these Terms. You will exercise reasonable care to ensure the physical security of the SIM card supplied with the hardware. You hereby grant Us permission to connect to Your system via remote access during the Term for the following purposes: (a) as necessary to provide support and maintenance of the Services, (b) to observe and report back on use of the Software, and make recommendations for improved use of the Software, and/or (c) for other purposes at Your sole option. Remote access is initiated and terminated by You and remains within Customer’s control.
Confidentiality and Feedback
"Confidential Information" means any non-public information relating to, or derived from, the Devices or the Services, technical features and benchmark or performance results. You shall not use or disclose any Confidential Information except as expressly authorized in these Terms and shall protect the Confidential Information using the same degree of care that You use with respect to your own confidential information, but in no event with safeguards less than a reasonably prudent business would exercise under similar circumstances. You may, in your sole discretion, provide feedback to Fellowes regarding the use, operation, performance, and functionality of the Devices or the Services, including identifying potential errors and improvements (collectively, "Feedback"). You hereby grant to Fellowes a perpetual, irrevocable, worldwide, sub-licenseable and royalty-free right to use the feedback in any manner.
Intellectual Property
Fellowes, and its licensors, as the case may be, own the Services and all content available on the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Fellowes or any third party.
Support and Upgrades
These Terms do not entitle You to any support, upgrades, patches, enhancements, or fixes for the Devices or the Services (collectively, "Support"). Any such Support for the Devices or the Services that may be made available Fellowes shall become part of the Services subject to these Terms.
Limited Product Warranties
Product warranty of the hardware is provided with unit at delivery. Fellowes's entire liability and your exclusive remedy under this Product Warranty shall be, at Fellowes's sole discretion, either to repair or replace the defective Device or part.
The Viewpoint Software will operate in conformity with the then current standard Documentation (except for minor defects or errors not material to the core functionality of the Software under normal use and circumstances) for a period of ninety (90) days from the date of initial delivery of the Software (“Software Warranty Period”). If the Software does not perform in accordance with the foregoing warranty during the Software Warranty Period, You must tell Us so in writing and during the Software Warranty Period and assuming We can verify such nonconformity, We will use reasonable efforts to correct any deficiencies in the Software so that it will perform in accordance with such warranty. Your sole and exclusive remedy, and Our sole obligation in the event of nonconformity of the Software with the foregoing warranty will be the correction of the condition making it nonconforming. If We are not able correct the alleged breach of warranty, then We will refund applicable fees paid , make your data available in a downloadable format, and will refund applicable fees paid for the remainder of the Term for subscription licensed Software. Your obligation is to provide all information reasonably requested to enable Us to cure the nonconformity.
The foregoing Product and Software warranties specifically exclude defects or nonconformance resulting from accident, abuse, unauthorized repair, modifications, misapplication, or use of the Software that is otherwise materially inconsistent with the Documentation.
Disclaimers and Disclaimer of Warranty
All information and Content provided through the App or Services is for informational purposes only and Fellowes provides no guarantees with respect thereto. Recommendations provided through the App do not constitute health, medical or other professional advice and are not intended to treat or manage any health conditions. You are solely responsible for any decisions you make based on information provided through the App. Do not disregard, avoid or delay obtaining medical advice from a qualified professional because of information provided through the App. The directions for use of the App, Services, and Device are believed to be adequate and must be followed carefully. However, it is impossible to eliminate all risks associated with the use of the App, Services, and Device. Ineffectiveness or other unintended consequences may result because of such factors as the manner of use, available networking technology, or other unknown conditions, all of which are beyond the control of Fellowes. All such risks shall be assumed by you.
TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, THAT EXTEND BEYOND THE STATEMENTS MADE IN THE DEVICE LABELING AND THIS AGREEMENT. NO AGENT OF FELLOWES IS AUTHORIZED TO MAKE ANY WARRANTIES BEYOND THOSE CONTAINED HEREIN OR TO MODIFY THE WARRANTIES CONTAINED HEREIN. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, FELLOWES DISCLAIMS ANY LIABILITY WHATSOEVER FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR HANDLING OF THE DEVICE.
We take no responsibility for the quality of the Device(s), except as set forth in the Device labeling and Product Warranty. To the extent consistent with applicable law, we take no responsibility for use of the Device(s) by you or any other third party not in compliance with these Terms and/or with any documentation or instruction provided by Fellowes. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, including alerts or External Data, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Security
Fellowes does not warrant the Devices or Services are error-free or unbreachable, nor that the transmissions of your data is always secure, nor that unauthorized third parties will be incapable of penetrating either the Devices or your infrastructure and accessing your data. You are responsible for assessing and implementing adequate measures, including without limitation backup procedures and security protocols, to ensure sufficient protection of your own user data. You are also solely responsible for maintaining the security of your account and its access permissions. You must ensure that no malicious software, code or other computer programming that may damage, detrimentally interfere with, surreptitiously interrupt, or expropriate any system or data is transmitted through the Services. You shall regularly monitor your adherence to this obligation, and You shall immediately notify Fellowes in writing if there is evidence of or a significant risk that this obligation can no longer be fulfilled. In such case, You must either cease use of the Services or immediately take such reasonable and appropriate steps to remediate such failure and provide an adequate level of security.
Personal Data Protection
You are responsible for complying with all applicable privacy, data security, and data protection laws, rules, and regulations when accessing or otherwise using the Services. You shall also implement appropriate organizational and technical measures to protect the personal information against loss, misuse, and unauthorized access, disclosure, alteration, and destruction. You must notify Fellowes immediately in writing of any actual or potential breach of these obligations.
Limitation of Liability
In addition to the foregoing, to the fullest extent permitted by applicable law, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Services or Device(s). We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, damage to users or to any person's mobile device related to or resulting from the provision of the Services. To the fullest extent permitted by applicable law, we shall not be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, Device(s) or from the conduct of any users of the Services and/or Device(s). In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Fellowes, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR DEVICE(S), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE DEVICES PROVIDED AS PART OF THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH APPLICABLE CLAIM OR CAUSE OF ACTION ARISE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FELLOWES.
Indemnification
To the extent consistent with applicable law, you agree to indemnify, defend, and hold harmless Fellowes and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password or third-party login information (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use, misuse or attempted use or misuse of the Device(s) or Services; (c) your violation of any applicable law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
Miscellaneous
These Terms shall be governed solely by the laws of the State of Illinois, and without regard to the United Nations Convention on the International Sales of Goods which is expressly disclaimed. The Federal District Court for the Northern District of Illinois shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Fellowes or enables you to act on behalf of Fellowes. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.