1.Overview
Please note that the terms are subject to change by ComMarker at its sole discretion at any time. When changes are made, ComMarker will make a new copy of the Terms of Use available on the website. Any changes to the Terms will be effective immediately the next time you access or use the Demo Room program.
In order to give ComMarker potential users a real experience., we have created a platform where potential customers can see how the ComMarker product (Machine) operates in workspaces where our users have operated such products (Services). The platform allows potential customers to see how our machines work by watching videos and pictures of our existing users operating our products (services). This is a community project, partly to show how Hosts who already own machines use ComMarker, and partly in the hope that these real-life operational experiences will attract the interest of potential customers. You can see a vague address of Hosts on the demo room website. The hosts will receive an automatic email after your booking. They are expected to respond you with their schedule and address, contact details, etc. After that, you can connect with your hosts.
If Visitors are interested in purchasing ComMarker, they can do so via our Host referral link or the official website. At this point, ComMarker is not the owner or operator of the machine. ComMarker is not responsible for any actions taken by Visitors, Hosts, or other users of the community platform.
HOSTS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF COMMARKER. COMMARKER DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH DEMO ROOM APPOINTMENTS AND DOES NOT EMPLOY HOSTS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT COMMARKER DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR (1) A HOST’S DEMO ROOM APPOINTMENT OR (2) THE QUALITY OR SAFETY OF THE LOCATION OR OF THE PEOPLE ATTENDING THE DEMO ROOM APPOINTMENT.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE COMMUNICATION BETWEEN HOSTS AND VISITORS DIRECTLY WITH EACH OTHER. COMMARKER CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY HOSTS, VISITORS, OR MACHINES. COMMARKER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DEMO ROOM APPOINTMENTS, MACHINES, HOSTS, VISITORS, AND OTHER INDIVIDUALS WHO MAY BE PRESENT ON THE PROPERTY.
2.Review
The Service may allow users to post ratings and comments about the Host (collectively, "review"), in which case you are solely responsible for any content, opinions, statements, suggestions, or advancements contained therein. You agree that the submission of any ideas, suggestions, and/or recommendations to ComMarker is at your own risk and that ComMarker has no obligation whatsoever concerning such Feedback. You represent and warrant that you have all the necessary rights to submit feedback. You hereby grant ComMarker a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, and otherwise exploit commercially or non-commercially.
3.General
In connection with your use of ComMarker Machines, you shall not:
- Make available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethically, or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- Harm the Visitor in any way;
- Impersonate any person or entity, including, but not limited to, ComMarker personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Stalk or otherwise harass any other users or Visitors; or
- Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
4.Interaction with Other Users
You are solely responsible for your interactions with other Users and any other parties with whom you interact. You agree that ComMarker will not be responsible for any liability incurred as the result of such interactions.
5.Indemnification
You agree to indemnify and hold ComMarker , its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “ComMarker Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
(a)your use of or inability to use ComMarker Machines;
(b) your violation of these Terms;
(c) your violation of any rights of another party, including your rights as a host or Visitors, and any loss or damage resulting from demo appointments;
(d) your interaction with Hosts and other users;
(e) your violation of any applicable law, statute or regulation.
ComMarker reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ComMarker in asserting any available defenses. This provision does not require you to indemnify any of the ComMarker Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services.
6.Indemnification
WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY, DATA, AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. COMMARKER WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF MACHINES. YOU UNDERSTAND THAT COMMARKER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF MACHINES.
7.Release
You hereby release ComMarker and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Machines.
8.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMMARKER BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MACHINES AND/OR DEMO ROOM APPOINTMENTS.
9.Dispute Resolution
a.Applicability of arbitration agreement.
You agree that any dispute or claim relating in any way to your access to or use of the Site, any product or distribution through the Site, or any aspect of your relationship with ComMarker, will be resolved by binding arbitration and not in a court of law, unless (1) you may assert in small claims court if you claim to be eligible, so long as the matter remains in court and progresses only on such a personal (non-class. non-representative) basis; and (2) you or ComMarker may seek equitable relief in court for infringement or another misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This arbitration agreement shall apply to, but not be limited to, all claims arising or asserted before the effective date of this Agreement or any prior version of this Agreement.
By agreeing to arbitrate with ComMarker, you agree in advance that you will not participate in or seek to obtain monetary or other relief in any action brought against the Company alleging that the Company is asserting class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring a claim against the Company in an individual arbitration proceeding. If the claim is successful, the arbitrator may award you money or other relief. You acknowledge that you have been advised that you may consult an attorney in deciding whether to accept this Agreement (including this Arbitration Agreement).
b.Arbitration rules and forum.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To begin an arbitration proceeding, you must send an email requesting arbitration and describing your claim to hello@commarker.com. ComMarker will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c.Authority of arbitrator.
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this arbitration agreement including, but not limited to any claim that all or any part of this arbitration agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ComMarker. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the arbitration agreement). The arbitrator shall 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 us.
d.Waiver of jury trial.
YOU AND COMMARKER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ComMarker are instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement, except as specified in Section 13a above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e.Waiver of class or consolidated actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
f.30-Day Right to Opt Out.
You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to hello@commarker.com , Attn: Customer Service, within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your ComMarker username (if any), the email address you submitted when you first accessed the Services, and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have or may enter in the future with us.
g.Severability.
If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
h.Survival of Agreement.
This arbitration agreement will survive the termination of your relationship with ComMarker .
i.Modification.
Notwithstanding any provision in this Agreement to the contrary, we agree that if ComMarker makes any future material change to this arbitration agreement, it will not apply to any individual claim(s) that you had already provided notice to ComMarker.
10.General Provisions
a.Electronic Communications.
The communications between you and ComMarker use electronic means. For contractual purposes, you (1) consent to receive communications from ComMarker in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ComMarker provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
b.Assignment.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ComMarker’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
c.Force Majeure.
ComMarker shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
d.Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to Company Machines, please contact us at: support@commarker.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
e.Governing Law.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
f.Choice of Language.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
g.Notice.
Where ComMarker requires that you provide an e-mail address, you are responsible for providing ComMarker with your most current e-mail address. In the event that the last e-mail address you provided to ComMarker is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, ComMarker’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ComMarker hello@commarker.com. Such notice shall be deemed given when received by ComMarker by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
h.Waiver.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
i.Severability.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
j.Consumer Complaints.
You may report complaints to hello@commarker.com.
k.Entire Agreement.
The Terms are the final, complete and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
